How to sign a tripartite employment agreement for graduates
In real society, agreements are used more and more frequently. Agreements coordinate the relationships between people and between people and things. So, have you mastered the format of the agreement? The following is how to sign a tripartite employment agreement for graduates that I have compiled for you. You are welcome to learn from it and refer to it. I hope it will be helpful to you.
Signing process:
Generally speaking, the employment agreement should be signed strictly in accordance with the following procedures: graduates and employers meet on the basis of supply and demand and two-way selection. Determine the intention to employ → Graduates fill in their basic information and sign → Fill in the content of the agreement in the presence of both parties → The receiving unit and the competent department fill in the basic information and stamp it or the receiving unit and the personnel agency department sign their opinions and stamp → Graduates get Return the agreement to the department and have it stamped → Submit it to the Graduate Employment Guidance Center of the college for review and stamp (pay the visa fee) → The Graduate Employment Guidance Center of the college will send the employment agreement to the provincial education authority for visa, payment and seal → College The Graduate Employment Guidance Center will return the unit copy of the agreement and the graduate self-deposit copy to the unit and graduates → prepare an employment plan → issue a registration certificate.
Things to note when signing a "Tripartite Agreement"
1. Correctly distinguish the three periods of the agreement period, probation period and trainee period, which are directly related to the protection of the rights and interests of graduates.
Agreement period: It begins when the graduate signs an employment agreement with the employer and continues until the labor contract is signed or the agreement is terminated by both parties. During the agreement period, both parties have determined their intention to work, but have not established a formal labor relationship.
Probation period: Mainly for labor contracts. The time for graduates to sign a labor contract with the employer should be before probation, not after passing the probation. In the past, in order to evade responsibility, some units often did not sign labor contracts with graduates during the probation period. Once the probationary period expires, they will find various excuses to quit. According to relevant regulations, the probation period and the labor contract period should be consistent.
If the probationary period is stipulated in the contract, there will be no additional probationary period. The probationary period for graduates is 6 months to 12 months, calculated from the date of registration.
2. The employment agreement will terminate automatically after the graduate reports to the unit and is formally accepted by the employer.
3. When filling in the name of the employer, be sure to pay attention to whether it is consistent with the name on the unit’s valid seal. If it is inconsistent, the agreement will be invalid. When students fill in their major name, it must be consistent with the major name of the school's Academic Affairs Office and cannot be abbreviated.
4. The duration of the probation period and the apprenticeship period. Foreign companies, joint ventures, and private companies generally use a probation period. Depending on the length of the contract period, it can range from 1 month to 3 months. Usually the probation period is 3 months and shall not exceed 6 months. State agencies, universities, and research institutes generally adopt a probationary period, usually one year. Choose only one of the probationary period and the apprenticeship period, and cross out the other.
5. Liquidated damages. It is determined through negotiation between the student and the employer. In order to "retain" students, many units specify high liquidated damages to restrain students. Students can strive to minimize the liquidated damages during negotiations, and usually the liquidated damages shall not exceed 5,000 yuan.
6. The current graduate employment agreement is a "format contract", but the "Remarks" section allows the three parties to separately agree on their respective rights and obligations. Graduates can explain in the remarks column the vacation, housing, insurance and other benefits agreed before signing the contract. If a dispute arises, they can provide evidence to the court in a timely manner to safeguard their legal rights.
7. When signing the "agreement", you must strictly follow the prescribed steps. After the employer has completed filling out and stamping the form, go to the school employment guidance center to have it stamped.
Regarding breach of contract, the agreement states that “Party A and Party B must fully perform the agreement. If one party terminates the agreement improperly or violates the terms of this agreement, it shall bear the corresponding liability for breach of contract and pay liquidated damages in RMB to the other party. __Yuan".
Students must understand that breach of contract cannot be taken as a joke. Once losses are caused to the employer, they must bear legal responsibility and their integrity records will be affected. Employers are quite taboo with students who hold multiple agreements and are "in the Cao camp but in the Han heart".
8. Common remarks in the graduate agreement
Employment conditions: dual certificates (graduation certificate and degree certificate), professional qualification certificate and physical health.
Liquidated damages: 3,000 yuan to 5,000 yuan
9. Labor contract content: labor contract term; work content; labor protection and labor conditions; labor remuneration; labor discipline; termination of labor contract conditions; liability for breach of labor contract.
The tripartite agreement
The tripartite agreement is the abbreviation of the "National General College Graduates Employment Agreement". It clarifies the three parties of graduates, employers and schools in the employment of graduates. The written expression of rights and obligations can solve a series of related problems such as household registration, archives, insurance, provident fund, etc. for fresh graduates.
The tripartite agreement will terminate automatically after the graduates register at the unit (with the "National College and University Undergraduate and College Graduates Employment Registration Certificate" or the "National Graduate and Postgraduate Registration Certificate") and the employer formally accepts them. ;