A tripartite agreement is an agreement that requires three participating parties. In layman's terms it is three parties. This tripartite agreement is usually an agreement that graduates need to sign when looking for a job. Generally consists of: the school, the employer, and themselves (the person looking for work). The tripartite agreement is a requirement of the state in order to protect the employment of graduates and to count the number of employed people. This type of agreement is valid if it is signed in accordance with the law and there are no cases of invalid legal contracts.
The tripartite agreement is witnessed by the school, graduates and employers signed an agreement of intent, it has legal effect, but can not replace the labor contract. In terms of legal nature, it is not subject to the law. The process of signing the tripartite agreement also cannot violate China's labor laws, regulations and relevant employment policies, and if there is a breach of contract, it will be pursued in accordance with the corresponding provisions of civil law. The tripartite agreement will be terminated after the graduates report to the employer and the employer formally accepts the graduates, and then the employer will sign a formal labor contract with the graduates. Once the labor contract is signed, the validity of the employment agreement will be lost; if the labor contract contradicts the tripartite agreement, the labor contract will prevail.
The issues to be noted in signing the tripartite agreement are as follows:
1. When filling in the name of the employer, be sure to note that it is consistent with the name on the valid seal of the unit, if not, the agreement is invalid. When students fill in the name of their majors, they should be consistent with the name of their majors in the school's Registrar's Office, and should not abbreviate it;
2. Correctly distinguishing between the agreement period, the probationary period, and the period of apprenticeship, which is directly related to the maintenance of the rights and interests of the graduates.
Three-party agreement template
Party A: _______ (student name)
Student number:
Identity card number:
Contact information:
Party B: _______ (unit name)
Unit address:
Contact person:
Contact phone number:
Party C:
A, B and C reached cost agreement on Party C to send Party A to Party B to do master's thesis. Time: from the month of 20 ____ to the month of 20 ____.
I. Rights and Obligations of Party A
1. Party A shall consciously abide by Party B's labor discipline and all rules and regulations during the period of doing thesis in Party B, and sign a confidentiality agreement.
2. Party A shall regularly report to Party C on the progress of the thesis and consciously accept Party C's supervision and management.
3, Party A in Party B to do thesis during the work of the results and their intellectual property rights belong to Party B.
4, Party A should comply with Party B's confidentiality requirements, do the thesis written during the thesis, articles in Party B outside of other units or individuals before disclosure, subject to Party B's permission.
5. Before the end of the dissertation (regardless of any reason for the end), Party A shall go through all the handover procedures to Party B, and return to Party B all the documents, materials, equipment and other resources and properties belonging to Party B and borrowed from Party B.
2. Rights and Obligations of Party B
1. Party B shall conduct qualification examination, interview and physical examination for Party A who comes to Party B to do the dissertation, and can only come to Party B to do the dissertation after passing the examination.
2. Party B is responsible for the development of Party A's training program during the period of Party B as well as teaching supervision.
3. Party B is responsible for the daily management of Party A in the process of doing the thesis.
4. Party B will pay Party A a monthly allowance of RMB per month (including working lunch, living and accommodation allowance).
5, do the thesis process, if Party A can not work or do not obey the Party B work arrangements, Party B should communicate with Party C in a timely manner, after the three-party negotiation and implementation of clear treatment.
6. If Party A violates the relevant management rules and regulations of Party B or national laws, or causes injury to Party B's personnel or damage to Party B's property, Party B has the right to terminate Party A's thesis in Party B immediately and has the right to claim for compensation.
7. Party B may formally employ Party A in advance according to Party A's work.
Third, Party C's rights and obligations
1, Party C, after deliberation, dispatches Party A to do graduation thesis in Party B, and manages Party A with Party B***.
2, Party C in order to ensure that Party A in the process of doing the dissertation 's legitimate rights and interests (including economic rights and interests, personal safety, reputation, etc.) not to be infringed upon, the right to do the dissertation on Party B in the process of Party A's unreasonable management methods of negotiation, intervention, and retains the Party B infringement of the interests of Party A and the Party C of the right to pursue legal responsibility for the behavior.
3. Party C is responsible for Party A's medical and other benefits during Party B's doing the dissertation.
Four, other terms
1, any party without the consent of the other two parties may not terminate this agreement at will.
2. Either party shall be liable for any breach of contract.
3. The provisions of this Agreement relating to confidentiality, intellectual property rights, breach of contract or liability, and joint and several liability shall not be invalidated by the termination or dissolution of this Agreement.
4, all outstanding issues can be resolved through separate negotiations and signed a written document to be confirmed, the written document will be considered part of this Agreement.
5, Party A to Party B to do the thesis, the period is generally one year, you can apply for an extension according to the progress of the thesis, approved by Party B to extend the period appropriately, but the longest not more than 18 months.
6, Party A graduates to Party B worker treatment with reference to its current year, Party B recruited master's degree standard implementation. At the same time, Party B issued a one-time subsidy to Party A: the total amount of subsidies = the master's student in Party B to do thesis time (months)__1500 yuan / month This agreement is in triplicate, signed and sealed by the three parties A, B, C, A, B, C, each of them, and the photocopies are invalid.
Signature of Party A:
Party B (seal)
Party C (seal)
____ year ____ month ____ day
Signing the tripartite agreement needs to be as follows:
1, get the agreement;
2, fill in the personal data, the agreement is invalid for photocopies;
3, the employing unit Fill in and seal, the name of the unit must not be written wrong;
4, the other party to fill in the information, seal the tripartite agreement comes into effect, keep a copy of their own archives;
5, check whether the tripartite agreement is correct.
The three-party agreement needs to meet the following conditions:
1, the actor has the appropriate civil capacity;
2, the meaning of the true;
3, does not violate the mandatory provisions of the laws, administrative regulations, and does not contravene public order and morals.