What to do if the tripartite agreement is written incorrectly

In study, work and life, the use of agreements has become the norm in daily life. Signing an agreement can ensure a happy cooperation between both parties. How should the agreement be written appropriately? Below is what I have compiled for you on what to do if the tripartite agreement is written incorrectly. I hope it can help you.

1. What to do if the tripartite agreement is incorrectly written

If there is any error in the tripartite agreement, it should be reported to all parties to the agreement in a timely manner and required to review the agreement. Make corrections. 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.

3. Apply for a new three-party agreement and fill it out again.

The second or third party employment agreement is different from the 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.

3. Pay attention to six details when signing a tripartite agreement:

First, it depends on whether the name of the employer filled in is consistent with the name of the effective seal of the unit. If it is inconsistent, the agreement will be invalid; When filling in your major name, it must be consistent with the major name of the school's Academic Affairs Office and cannot be abbreviated.

Second, 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 to 3 months. Usually the probation period is 3 months and must not exceed 6 months. . State agencies, universities, and research institutes generally adopt a probationary period, usually one year.

Thirdly, in order to retain students, many units impose high liquidated damages on students. Students should strive to minimize liquidated damages during negotiations, and usually liquidated damages shall not exceed 5,000 yuan. However, the Labor Law stipulates that “for employees who have the obligation to keep confidentiality, the employer may agree on non-compete clauses with the employee in the labor contract or confidentiality agreement, and agree that after the labor contract is terminated or terminated, within the period of non-competition Economic compensation shall be paid to the employee on a monthly basis within the period. If the employee violates the non-competition agreement, the employer shall pay liquidated damages to the employer as agreed. Except for the circumstances stipulated in the above two laws, the employer shall not agree with the employee that the employee shall be responsible for the breach of contract. "Money." Therefore, students must strive to abolish the provision of liquidated damages.

Fourth, 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. In order to prevent the employer from promising one thing but doing another, graduates can explain in the remarks column the benefits such as vacation, housing, insurance, etc. agreed before signing the contract. If a dispute arises, they can use this to safeguard their legal rights.

Fifth, in order to improve their employment rates, many colleges and universities now force students to sign "false" agreements with acquaintances and relatives. This is detrimental to graduates, and graduates should not give in.

Sixth, students must strictly follow the prescribed steps when signing the agreement. After the employer has completed filling out and stamping the form, go to the school employment guidance center to have your visa stamped. Do not go directly to the school graduate employment guidance center to ask for a stamp after filling it out. The consequence of this is that when the unit fills out the form, the salary and benefits are very different from what was promised in the past. However, since both themselves and the school have already signed and stamped their signatures, the students are unable to make a comeback. Either they accept the situation, or they are forced to compensate the employer for breach of contract.

4. Is there any impact if the wrong words are written in the tripartite agreement?

First of all, let’s talk about the result. It has no impact.

Then tell me the reason. A tripartite agreement is an employment intention, which is something similar to an offer. It is a civil agreement stipulated in the Contract Law and is not a labor contract law. As long as your key information, such as your name, date of birth, ID number, graduation school major, etc., are correct, there will be no impact. As for the typo in the address you mentioned, it doesn't matter either.

The address above is used to contact students. The current address will not be used to contact students. It is just a dispensable information, so there is no need to worry about whether the wrong address will affect your future signing of labor contracts and negotiations. Your third party is useless.

Expansion and continuation

Tripartite Agreement: It 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 in the application 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.

Significance and role

Once the tripartite agreement is signed, it means that the first job of college students is basically determined. Therefore, fresh graduates should pay special attention to signing matters. Before signing a tripartite agreement, college students must carefully check the affiliation of the employer. State agencies, public institutions, and state-owned enterprises generally have the right to accept personnel. Private enterprises and foreign-funded enterprises need to be approved by the Personnel Bureau or Talent Exchange Center before they can recruit employees, and their opinions must be signed on the agreement to be valid. Fresh graduates also need to understand the special regulations of different local personnel authorities.

Legal issues

After the graduates report to the employer, the tripartite agreement will be terminated. At this time, the employer will sign a formal labor contract with them, which stipulates that the employee After the contract is signed, the two parties formally determine the labor relationship regarding the unit's probation period, service period, wages, and other benefits.

;