Legal Analysis

Not required. To put it simply, a tripartite agreement is an agreement signed by the school, the student, and the employer on the implementation of the employment of graduates after leaving school. What many people know is that the tripartite agreement must be signed in the past, but it is not necessarily the case now. Signing is only a reference indicator for the school's employment rate statistics. No trouble, the employer should conclude a written labor contract within one month from the date of employment in accordance with the provisions of the Labor Contract Law. In other words, as long as you report on the day of employment specified by the company, the three-party agreement will automatically expire. You can resign on coverage day. You reported in, fulfilled the invitation, the three parties failed, and then you resigned, without any loopholes. The tripartite agreement is the abbreviation of "Employment Agreement for General College Graduates", a contract signed by three parties: graduates, employers, and schools. It contains personal, school, employer, salary and other information. It is an offer and has legal effect. It can solve a series of related problems such as household registration, files, insurance, provident fund and so on for fresh graduates. The tripartite agreement terminates automatically after the graduates report to the unit and are formally accepted by the employer. Once the tripartite agreement is signed by the graduates, the employer, and reviewed and approved by the school, it will be legally binding. Both parties should strictly implement the content of the agreement, and neither party may terminate it without authorization, otherwise it will be a breach of contract. The breaching party shall pay the liquidated damages stipulated in the terms of the agreement to the non-breaching party.

Legal Basis

"The People's Republic of China and the Civil Code"

Article 465 A contract established in accordance with the law shall be protected by law. A contract established in accordance with the law is only legally binding on the parties, unless otherwise provided by law.

Article 490: If the parties conclude a contract in the form of a contract, the contract shall be established when both parties sign, seal or fingerprint. Before signing, sealing or fingerprinting, one party has performed its main obligations and the contract is established when the other party accepts it. Laws and administrative regulations stipulate or the parties agree that a contract should be concluded in written form. If the parties do not use written form but one party has performed its main obligations and the other party accepts it, the contract is established.