Can the tripartite agreement be corrected if it is wrong?

The tripartite agreement is the abbreviation of "National Employment Agreement for Graduates of General Colleges and Universities". It clarifies the three-party agreement between graduates, employers and schools. The written expression of the rights and obligations of graduates in employment can solve a series of related issues such as household registration, files, insurance, provident funds, etc. for fresh graduates. Below is the tripartite agreement I compiled. If it is wrong, can it be changed? Everyone is welcome to share it.

Can the three-party agreement be modified if it is wrong?

1. Can the three-party agreement be modified if it is wrong?

It can be modified. If there are any errors in the tripartite agreement, all parties to the agreement should be promptly informed and requested to correct the agreement. The correction method is:

1. Make modifications directly to the original agreement, and have the three parties sign or seal the modifications.

2. The three parties can sign a supplementary agreement for correction.

2. Basic concepts

A tripartite employment agreement is different from a labor contract.

First of all, the tripartite employment agreement is uniformly printed by the Ministry of Education, which mainly clarifies the basic situation and requirements of the three parties. The tripartite employment agreement is based on the national laws and regulations on the employment of college graduates. It is valid from the signing date to the period when the graduates report to the employer. Labor contracts are limited and protected by the Labor Law and Contract Law. Some employers, such as many foreign companies, require graduates to sign a similar agreement when confirming employment (note: before reporting to the employer). Labor contract agreement; while more employers require that graduates sign an "Employment Letter of Intent" first, and then sign a labor contract after graduates report.

Secondly, the employment agreement is a three-party contract, which involves the school, the employer, and the students. The three parties are related but independent of each other; while the labor contract is a two-party contract, which consists of the employee and the employer. of rights and obligations. Third, graduates are still students when signing an employment agreement, but they should be workers when signing a labor contract. Once a labor contract is signed, the validity of the employment agreement shall be lost. If there is any conflict between the labor contract and the attachment to the tripartite agreement, the labor contract shall prevail.

Is it necessary to sign the tripartite agreement?

1. Is it necessary to sign the tripartite agreement upon graduation?

It is not necessary to sign the tripartite agreement upon graduation.

The tripartite agreement ≠ labor contract! It is just an employment intention signed between the graduates, the employer, and the school. After you report to the company and are officially accepted by the company, the legal effect of the tripartite agreement will terminate. .

The tripartite negotiation is not mandatory and students can choose not to sign it. The tripartite agreement is valid until the student signs a formal labor contract, and will be automatically terminated after the student joins the workforce and signs the labor contract.

Its function is to clarify the written expression of the rights and obligations of graduates, employers and schools in the employment of graduates, and can solve a series of problems such as household registration, files, insurance, provident fund, etc. for fresh graduates. related questions.

Theoretically, if you sign a tripartite agreement, you can get an employment registration certificate. The "employment registration certificate" is a necessary document for graduates to apply for civil servants and is one of the requirements for cadre status.

Having participated in the work means that a formal contract has been signed, so it is meaningless to go back to school to sign a three-party agreement.

2. Do graduates need to sign a labor contract after signing a tripartite agreement?

The employment agreement is not a labor contract. After the graduates register, they should require the employer to sign a labor contract and clearly stipulate it. Probationary period, working hours, working location, salary, rest and vacation, etc. If a labor contract has not been signed for more than one month, the employer shall pay double wages and cannot refuse payment on the grounds that an employment agreement has been signed.

Individuals may not sign, but it cannot guarantee that the employer will fulfill its commitments as agreed, and it is difficult to protect the rights and interests of job seekers.

During unit recruitment, some units think that signing an employment agreement means they don’t have to sign a labor contract, or they refuse to sign a labor contract because they signed an employment agreement. This is illegal.

1. The tripartite agreement is limited to the contract signed between the fresh graduates and the intended employer during the job search stage, and its validity is limited to before obtaining the diploma;

2. The purpose of the tripartite agreement is to bind After graduating, fresh graduates enter a job with the proposed employer, and the proposed employer is required to sign a labor contract with the graduate after graduation. Therefore, if the employer signs a formal labor contract with the fresh graduate, the validity of the tripartite agreement will be Natural termination;

3. The breach of contract clauses that can be stipulated in a formal labor contract are limited to contracts involving confidentiality clauses and set service periods. Liquidated damages for workers shall not be set in any other circumstances.

The breach of contract clause in the tripartite agreement only applies to fresh graduates who have not entered the employer after graduation. After the formal labor contract is signed, the basis for the breach of contract clause no longer exists, so of course the breach of contract clause cannot be extended to the formal labor contract; < /p>

4. The tripartite agreement is the product of the transition period between the planned economy and the market economy. There is no precise legal provision for the tripartite agreement. However, after formal work, you can refer to the "Labor Law", "Labor Contract Law", etc. Relevant labor laws and regulations.

Basic Principle Article 3 of the "Labor Contract Law" When concluding a labor contract, the principles of legality, fairness, equality and voluntariness, consensus through consultation, and good faith should be followed.

A labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

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