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In your case, the tripartite agreement, both parties agree to terminate the contract, let Company A issue a written dismissal or automatic dismissal certificate, and take the original agreement to the school to get a new agreement, and you must be given ......
Take a look at this: 1. The issuance and use of the tripartite agreement 1. The "National Employment Agreement for Graduates of Ordinary Colleges and Universities" is used for the formal dispatch of fresh graduates, and each graduate can only hold one copy (i.e., in triplicate). 2. If the graduate changes the contract, the original three copies of the agreement must be returned; If the original unit has been sealed, the written consent of the original unit must be obtained, and then a new tripartite agreement must be exchanged.
3. If graduates need the agreement, they must collect it at the college and sign it by themselves. 4. When the graduates receive the agreement, they will also receive a "Registration Form for Household Registration Migration and File Relationship Transfer", which shall be filled in and stamped by the employer, and submitted to the school together with the agreement. 5. The employment agreement for graduates of the second bachelor's degree is the same as that for undergraduates, and there is a special employment agreement for graduate students.
6. All colleges are requested to strictly check to avoid duplicate signing of employment agreements. 2. Issuance and Use of the Recommendation Form 1. The "Employment Recommendation Form for Graduates of Ordinary Colleges and Universities in Beijing" is uniformly printed by the Beijing Municipal Education Commission, which is specially used for the examination and approval of the household registration of fresh graduates from outside Beijing. 2. Each graduate can only hold one copy of the recommendation form.
When the Beijing Municipal Bureau of Personnel approves the hukou, once it finds that the phenomenon of duplicate examination and approval is found, it will permanently freeze the examination and approval of the student's hukou in Beijing. 3. Graduates who want to sign an agreement with a unit in Beijing should go to the college to get a recommendation form and sign it by themselves. 4. The recommendation form is applicable to graduate students, second bachelor's degrees, and undergraduate students.
The difference between the tripartite agreement and the labor contract Both the employment agreement and the labor contract are written agreements signed by the employer when hiring graduates, but there are still differences between the two, mainly in the following aspects: 1) The content of the contract is different: The employment agreement is mainly the work agreement between the graduate and the unit.
The labor contract is an agreement on the rights and obligations of students and employers to engage in specific work and enjoy what kind of treatment they enjoy, and the content is more specific and the labor rights and obligations are more clear. 2) The signing time is different: generally speaking, the employment agreement is signed first, and the labor contract is signed later (generally after the student reports to the unit). 3) The purpose of the contract is different:
The employment agreement is the identification of the basic situation of the student, and is the basis for the school to prepare the employment plan and dispatch graduates. An employment contract is an agreement between an employee and an employer to clarify the relationship of rights and obligations in the labor relationship. 4) The signing subject is different: the employment agreement has legal effect after being signed and sealed by the graduate and the employer, and is included in the employment plan after the school visa; The employment contract is an agreement signed between the graduate and the employer, and the university is not the subject of the employment contract, nor is it a witness to the employment contract.
Graduates must sign the "National Employment Agreement for Graduates of Ordinary Colleges and Universities" when they are employed, and the employment agreement will become invalid at the same time after the graduates report to the unit and sign the labor contract with the unit.
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In this case, the school must give the new third party, because you already have a letter of termination and a new unit, this is your right, but try to say something nice when talking to the school, and the new unit is better to open a letter of acceptance, and you explain to the school that it will not affect the employment rate.
Since you want to enter a state-owned enterprise, it is best not to give up your cadre status. Find your new unit and see if they can come forward and contact your school.
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What to change to break the agreement, don't care directly, when the time comes, go to the new company to open an employment feedback information form and take a copy of the labor contract directly to the school, and the school can still issue a registration card. . . Whatever, what do you do with breaking the agreement?
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Legal analysis: The tripartite agreement is the abbreviation of the "National Employment Agreement for Graduates of Ordinary Colleges and Universities", which is a written form of expression that clarifies the rights and obligations of graduates, employers and schools in the employment of graduates, and can solve a series of related issues such as household registration, archives, insurance, and provident fund of fresh graduates. The agreement will be terminated after the graduate reports to the employer and the employer officially accepts it.
Once the tripartite agreement is signed, it means that the first job of the college student is basically determined, so fresh graduates should pay special attention to the signing matters. A teacher from the employment office of colleges and universities said that before signing a tripartite agreement, college students should carefully check the affiliation of the employer, and state organs, public institutions, and state-owned enterprises generally have the right to accept personnel. Private enterprises and foreign-funded enterprises need to be approved by the Personnel Bureau or the Talent Exchange Center before they can recruit employees, and their opinions must be signed on the agreement to be valid.
Fresh graduates should also have an understanding of the special regulations of different local personnel authorities.
Legal basis: Higher Education Law of the People's Republic of China Article 59 Institutions of higher learning shall provide employment guidance and services for graduates and graduates. The State encourages graduates of institutions of higher learning to work in remote and difficult areas.
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The role of the tripartite agreement for fresh graduates is that the school uses it to increase the employment rate. Determine the employment situation of students, and clarify the rights and obligations of graduates, employers and schools in the employment of graduates. The law stipulates that before a student participates in an internship or a top-post internship, the vocational school, the internship unit and the student shall sign an internship agreement.
1. What is the role of the tripartite agreement for fresh graduates?
The functions of the tripartite agreement for fresh graduates are:
2.Only when graduates sign a tripartite agreement and take back to the school, the school will issue the dispatch certificate to the student after graduation, report to the work unit with the dispatch card, and start counting the length of service, so that the graduate can have the status of a cadre.
2. How to breach the contract and not pay liquidated damages after signing a tripartite agreement.
After signing a tripartite agreement, you cannot fail to pay liquidated damages for breach of contract. Breach of a tripartite agreement generally does not avoid the payment of liquidated damages. However, if one of the parties is unable to perform the contract due to force majeure, it shall be exempted from liability in part or in whole according to the impact of force majeure.
In the event of a breach of contract, failure to pay the liquidated damages of the three parties may result in prosecution.
Legal basis: The first paragraph of Article 509 of the Civil Code stipulates that the parties shall fully perform their obligations in accordance with the agreement.
Article 577 stipulates that if a party fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. Submit a written application to write down the reason for the loss, and then go to the college to sign the opinion, and then go to the career center to get a new agreement, the replacement process may be slightly different for each school, if you need to consult your own counselor teacher directly. The tripartite employment agreement was uniformly printed by the Ministry of Education, mainly to clarify the basic information and requirements of the three parties.
The tripartite employment agreement is formulated on the basis of national laws and regulations on the employment of college graduates, and is valid for the period from the date of signing the contract to the time when the graduates report to the employer.
Article 7 of the Labor Contract Law The employer shall establish an employment relationship with the employee from the date of employment. The employer shall establish a roster of employees for future reference. Article 10 A written labor contract shall be concluded for the establishment of labor relations.
If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.
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Question 1: The so-called three parties, one is kept in the hospital, one is in their own hands, and one is kept in the school, which is to be handed in, if you don't pay it, the school will not be able to count the employment situation of students, for the individual, I don't think it has much impact, in the school's opinion, you just haven't found a job.
Problem 2: After graduation, the three parties have no effect, and the three parties are born in school for the school's employment situation. After graduation, they sign an employment contract directly. Therefore, there is no need to reissue.
Question 3: If you are admitted to your favorite hospital before graduation, you can cancel the tripartite with the original hospital and apply for a new tripartite. But after graduation, the three parties have no effect.
It stands to reason that your favorite hospital will not ask you to ask for three parties, as long as no company has paid social security for you, you are still a fresh graduate, and you can sign a labor contract directly with the hospital after graduation. It doesn't matter if you want three parties or not.
In general, the three parties are the ones who count the employment rate for the school, and the employment contract is more important to you than the three parties.
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How to sign a tripartite agreement for fresh graduates?
The tripartite agreement is the abbreviation of "Graduates of Ordinary Colleges and Universities" or "Employment Agreement for Graduates", which is a written form of expression that clarifies the rights and obligations of graduates, employers and schools in the employment of graduates. The agreement will be terminated after the graduate reports to the employer and the employer formally accepts the employee, after which the employer and the graduate sign a labor contract.
The tripartite agreement is signed by the graduates, the school and the employer. The agreement is in quadruplicate, namely "school retention copy", "employer retention copy", "college retention copy" and "student retention copy", all of which are indispensable.
What is the use of a "tripartite agreement"?
Once the tripartite agreement is signed, it means that the first work is basically decided. Therefore, for graduates, the tripartite agreement is a guarantee agreement from getting the offer to signing the employment contract. The tripartite agreement clarifies the rights and obligations of graduates, employers and schools in the employment of graduates, and clarifies that these rights and obligations can help graduates solve a series of related issues such as household registration, files, social security, and provident fund.
Graduates who sign the tripartite agreement will receive the dispatch certificate issued by the school, and only with the dispatch certificate can they report to the employer within the specified time.
Only after the employer signs a tripartite agreement can it accept the graduates' household registration and files, and arrange for the graduates to work in their own units.
Only after the school has signed a tripartite agreement can the employment plan of the graduates be submitted to the education department, and the employment procedures and the migration of household registration and files can be handled for the graduates; In addition, the signing of the tripartite agreement is an important basis for the school to calculate the employment rate of the year.
The process of signing a "tripartite agreement".
The order of signing is: student, employer, school.
If there is no unified issuance, you can collect it at the school's career guidance center or the college with the acceptance letter from the unit;
Graduates receive a tripartite agreement and keep it for themselves in triplicate;
Graduates fill in personal information, and photocopying is invalid;
After finding a job, the employer should fill in the tripartite agreement and seal it, and the full name of the unit should be written without mistakes;
The school fills in the tripartite agreement and seals it, and it becomes official (the individual, the school, and the employer each keep a copy for the record).
1 No, no matter what job you look for in the future, the employer will give you three employment agreements, which the employer will sign with you (Party A and Party B). The school's employment agreement is nothing more than something that counts the employment rate. >>>More
Your question is very similar to that of a friend of mine, he told me that he just asked others to add a few words to the contract, saying that the company agreed to terminate the contract, and then directly went to the school and said that the contract had been terminated, because the company did not have a contract to prove that the contract had not been terminated, anyway, he terminated it like this. >>>More
If you sign an agreement, it's not illegal to charge you liquidated damages, which is the case in companies now.
A: 1It has a certain binding force, but it does not have much legal effect; >>>More
The tripartite agreement is the abbreviation of the "National Employment Agreement for Graduates of Ordinary Colleges and Universities", which is a written form of expression that clarifies the rights and obligations of graduates, employers and schools in the employment of graduates, and can solve a series of related issues such as household registration, archives, insurance, and provident fund of fresh graduates. >>>More