In the real society, agreements are used more and more frequently, and they coordinate the relationship between people and things. So, have you mastered the format of the agreement? Here's how to sign a tripartite agreement on graduate employment. I'll sort it out for you. Welcome everyone to learn from and refer to. I hope it helps you.
Signature process:
Generally speaking, the following procedures should be strictly followed when signing an employment agreement: graduates meet with the employer in supply and demand, and determine the employer's intention on the basis of two-way selection → graduates fill in their basic information and sign it → fill in the contents of the agreement in the presence of both parties → the receiving unit and the competent department fill in the basic information and affix their official seals, or the receiving unit and the personnel agency department sign their opinions and affix their official seals → graduates return to their departments with the agreement and affix their official seals → the graduate employment guidance center of the Institute of Education seals the employment agreement (paying visa fees) → the graduate employment guidance center. Pay and seal → The Employment Guidance Center for College Graduates will return the self-saved copies of the agreed units and graduates to the units and graduates → Work out employment plans → Issue registration cards.
Matters needing attention in signing "Tripartite Agreement"
1. Correctly distinguishing the agreement period, probation period and probation period is directly related to the maintenance of graduates' rights and interests.
Agreement period: from the time when graduates sign employment agreements with employers to the time when both parties sign labor contracts or agreements are terminated. During the agreement period, both parties have confirmed their intention to work, but no formal labor relationship has been established.
Probation period: mainly labor contracts. The time for graduates to sign labor contracts with employers should be before the probation period, not after it. In the past, in order to avoid responsibility, some units often did not sign probation labor contracts with graduates. Once the probation period expires, find various excuses to dismiss. According to relevant regulations, the probation period should be consistent with the term of the labor contract.
If the probation period is stipulated in the contract, the probation period shall not be stipulated separately. The probation period for graduates is 6 months to 12 months, counting from the date of registration.
2. The employment agreement will be automatically terminated after the graduates report to the unit and the employer formally accepts it.
3. When filling in the name of the employer, be sure to pay attention to whether it is consistent with the name on the effective seal of the employer. If not, the agreement is invalid. When students fill in the professional name, it should be consistent with the professional name of the academic affairs office of the school and cannot be abbreviated.
4. Probation period and time of probation period. Foreign companies, joint ventures and private enterprises generally adopt a probation period, which can be 1 month or 3 months according to the length of the contract. Usually, the probation period is 3 months, and shall not exceed 6 months. State organs, universities and research institutes generally take a probation period, which is generally one year. Take only one probation period and probation period, and cross out the other one.
5. liquidated damages. It is determined by both students and employers through consultation. In order to "retain" students, many units stipulate high liquidated damages to restrain students. Students can try to minimize the liquidated damages through negotiation, usually the liquidated damages do not exceed 5,000 yuan.
6. The current employment agreement for graduates is a "format contract", but the "Remarks" part allows the three parties to separately stipulate their rights and obligations. Graduates can explain the welfare benefits such as vacation, housing and insurance reached before signing the contract in the remarks column. Once a dispute arises, they can give evidence to the court in time to safeguard their legitimate rights and interests.
7. When signing the agreement, you must strictly follow the prescribed steps. After the employer fills in the seal, it will seal it in the school employment guidance center.
For the phenomenon of breach of contract, the agreement states that "Party A and Party B must fully implement the agreement. If one party terminates the agreement improperly or violates the provisions of this agreement, it shall bear the corresponding liability for breach of contract and pay the other party a penalty of RMB _ _ _ _. Students should understand that breach of contract should not be taken lightly. Once losses are caused to the employing unit, they will bear legal responsibilities, which will affect their credit records. Employers are quite taboo about students who hold multiple agreements and are "in China".
8. Graduation agreements are generally noted.
Employment conditions: double certificates (diploma, degree certificate), professional qualification certificate and good health.
Liquidated damages: 3,000 yuan to 5,000 yuan
9. Content of labor contract: term of labor contract; Work content; Labor protection and working conditions; Labor remuneration; Labor discipline; Conditions for termination of the labor contract; Liability for breach of labor contract.
Tripartite agreement
Tripartite agreement is the abbreviation of National Employment Agreement for Graduates of Colleges and Universities. It is a written form that clarifies the rights and obligations of graduates, employers and schools in graduate employment, and can solve a series of related problems such as household registration, archives, insurance, provident fund and so on.
Graduates report to the unit (with the national employment registration certificate for college graduates or the national graduation registration certificate), and the tripartite agreement will be automatically terminated after the employer officially accepts it.
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