Three-party agreement, the three parties refer to the graduates, the employer and the institution where the graduates work. The tripartite agreement is the abbreviation of the "National General College Graduates Employment Agreement". It is a written expression that clarifies the rights and obligations of the three parties in the employment of graduates. It can solve the household registration, files, insurance, provident fund and other issues of fresh graduates. Series related questions. The agreement will terminate automatically after the graduates report to the unit and are officially accepted by the employer. The tripartite agreement is formulated in accordance with Article 24 of the Interim Regulations on the Employment of Graduates from General Colleges and Universities, which stipulates: “After meeting supply and demand and two-way selection, graduates, employers and colleges and universities shall sign a graduate employment agreement as a basis for formulating employment plans. and basis for dispatch. Agreements signed by graduates without the consent of the school are invalid. However, my country’s Labor Law, Labor Contract Law, Employment Promotion Law, and Labor Dispute Mediation and Arbitration Law do not have any jurisdiction over tripartite agreements. Regulation. The procedure for signing a tripartite agreement is usually as follows. After the college student and the employer reach an agreement on the relevant matters for the student to work in the unit after graduation, the college student first receives the employment agreement and truthfully fills in the basic information and application opinions and signs; then the college student The employer signs the opinions; finally, the school employment guidance center or the employment department signs the opinions. College students should correctly understand the validity of the tripartite agreement. Since the tripartite agreement is the first step in college students' employment, it is also the link where disputes are most likely to occur. The tripartite agreement is an intentional agreement signed by the school as a witness and between the graduates and the employer. It has legal effect, but it cannot replace the labor contract. To correctly understand and use tripartite agreements, students should start from four aspects: First, uniqueness, that is, graduating students are not allowed to hold multiple tripartite agreements. If students sign multiple tripartite agreements, in the event of a conflict, the first one will be used. The agreement shall prevail; secondly, the time limit for legal validity. The legal validity of the tripartite agreement will terminate after the graduate reports to the employer; thirdly, the liquidated damages in the tripartite agreement must be agreed upon after negotiation between the graduate and the employer, and The amount of liquidated damages must comply with the relevant regulations of the employer's location; fourth, in the remarks column, graduates should try to clearly write down the employer's commitments, such as vacations, housing subsidies, settlement of household registration, insurance, etc., in the remarks column, realistic The situation is that in more than 90% of tripartite agreements, the remarks column is completely blank. Among the three parties involved in the tripartite agreement, the two parties that truly perform responsibilities and rights are the employer and the graduates, while the school only serves as a witness and does not assume any responsibility. After the graduates report to the employer, the tripartite agreement will be terminated. The employer will sign a formal labor contract with them, which stipulates the probation period, service period, wages and other benefits of the workers in the unit. After the contract is signed, the two parties formally determine the labor relationship. Among the various agreements mentioned above, the probation period is the stage where disputes are most likely to arise. Therefore, regarding the legal issues of the probation period, Lawyer Shi reminds graduates of the following points: (That is to say: the general sequence is to sign a tripartite agreement first, and then sign a labor contract when reporting, which stipulates relevant matters and probation issues. Moreover, if the employer refuses during or after the probation period, it needs to cite relevant evidence!) The probation period in the tripartite agreement shall not exceed the period agreed upon by the employer and the employee for mutual understanding and selection after the establishment of the labor relationship. Six-month inspection period. The probation period is included in the labor contract term. According to the provisions of the Labor Law, the labor contract may stipulate a probation period of no more than six months. If the labor contract term is less than six months, the probation period shall not exceed 15 days; if the labor contract term is more than six months but less than one year, the trial period shall not exceed 30 days; if the labor contract term is more than one year but less than two years , the probation period shall not exceed sixty days; if the labor contract period is more than two years, the probation period shall not exceed six months. It must be emphasized that the probation period applies to workers who change their jobs or types of work when they are first employed or re-employed, and liquidated damages cannot be stipulated in the renewal of the labor contract. The probation period is adopted by state agencies, universities, medical research institutes, and medical administrative departments, which is one year. The probation period is adopted by enterprises and companies (including foreign enterprises, joint ventures, and private enterprises) that establish labor relations with hospitals. For 15 days-6 months. The apprenticeship period can be extended, but the probation period cannot. The probationary period is mandatory, and the probationary period is agreed upon by both parties.