Description of the problem:

I am a fresh graduate, and I still have some questions about employment, so I asked my predecessors:

When I inquired about the relevant contents, I saw the following three concepts: letter of intent, employment agreement and labor contract.

1. I am a little unclear about these three concepts, and under what circumstances do I need to sign these three things?

2. Do the fresh graduates have to sign all three jobs?

3. What are the differences between these three concepts?

thank you, thank you! !

Analysis:

1. The difference between employment agreement and labor contract

(1) Different subjects

The employment agreement is applicable to the fresh graduates, the employer and the school, and the school is the appraiser or signatory of the employment agreement. The employment agreement does not stipulate the nature of the employer and applies to any unit; The labor contract is only applicable to the laborer (including fresh graduates) and the employer (excluding civil servants, organizations and social organizations that implement the civil service system and the military system), and has nothing to do with the school.

(II) Different contents

The content of the employment agreement for graduates is mainly that the graduates truthfully introduce themselves and express their willingness to work in the employer, and the employer expresses its willingness to accept the graduates. The school agrees to recommend the graduates and include them in the employment plan, and it does not involve the rights and obligations that the graduates should enjoy after reporting to the employer. The content of the labor contract involves labor remuneration, labor protection, work content, labor discipline and other aspects, which is more specific and labor rights and obligations are more clear.

(3) Different time

Generally speaking, the employment agreement should be signed before the graduates get employed, and the labor contract is often signed after the graduates report to the employer.

(IV) Different purposes

An employment agreement is a preliminary agreement between graduates and employers about their future employment intentions, which is a general recognition of the basic conditions of both parties and some basic contents of the labor contract to be signed. It is approved by the higher authorities of employers and the employment department of colleges and universities, and once it is signed and sealed by graduates, employers, colleges and employers, it has certain legal effect, and is the basis for preparing employment plans for graduates and concluding labor contracts in the future.

(5) Different applicable laws

Disputes arising from employment agreements are mainly settled according to the existing employment policies for graduates and the general provisions of laws on contracts, except for the contents of the agreements themselves, and there is no special part of laws to adjust the employment agreements for graduates. Disputes over labor contracts should be handled according to the Labor Law.

II. Procedures for signing employment agreement

1. Graduates and employers reach an agreement and sign and seal the employment agreement. Employers should indicate the name and address of graduates' files in the agreement.

2. If the employer wants to enter the company, it should be reported to the higher authorities for approval. (For example, it is otherwise required for the local personnel bureau to go to Shanghai, Beijing, Shenzhen and Guangzhou)

3. Graduates will send the signed agreement directly to the employment guidance office of college graduates.

4. The school will promptly report the review of the agreement to the employer and graduates.

5. For graduates who take the postgraduate entrance examination and are promoted to undergraduate courses, the situation should be explained when signing an agreement with the employer. If the employer agrees to sign the contract after knowing it, the graduates will not be liable for breach of contract after enrolling graduate students or being promoted to undergraduate courses. Graduates who have not signed a contract for postgraduate entrance examination or college entrance examination will submit the employment agreement to the employment office in a unified way.

6. Graduates who signed the employment agreement before May 2, 25 should submit the agreement to the Employment Office in time to ensure that they can get the employment dispatch certificate in time when they graduate.

third, the employment unit has been implemented, how to dispatch it?

(1) Graduates and employers sign a "Graduate Employment Agreement" and go to the local personnel department for examination and filing, and affix their seals on the examination and filing form or employment agreement: in this case, all the relationships of graduates will be sent directly to the graduate work unit.

(2) Graduates and employers sign the "Employment Agreement for Graduates", but the local personnel department can't review and put it on record: I can work in the unit, but my household registration and files can go back to my hometown, or I can hang them in the talent service center.

(3) Graduates and employers have signed a "Graduate Employment Agreement", but they have not gone to the local graduate employment department for examination and filing for the time being: they can provide work certificates first, which can be used as a college to know the employment direction of graduates and count the employment rate. After the examination and filing procedures are completed, the dispatch will be done.

4. What should I do if I can't sign the contract temporarily for various reasons?

(1) Due to various reasons, it is temporarily impossible to sign a contract, and the work certificate must be provided for the college to know the employment destination of graduates and count the employment rate. The household registration and files are temporarily kept in the college.

(2) Graduates must put away their work certificates and "application for keeping their registered permanent residence and files in the college" and submit them to the employment guidance office of college graduates before May 2, 25, so that their registered permanent residence and files can be kept in the college for two years.

V. Problems that should be paid attention to when signing the agreement

1. Find out the subject qualification of the employer

The parties who sign the employment agreement must have legal subject qualification. Generally speaking, the employer must have the ability to engage in various business or management activities, and the unit should have employment indicators and employment from * * *.

2. Sign the agreement according to the prescribed procedures

Graduates should submit the employment agreement issued by the school to the employment guidance office of the school after signing the contract with the employer.

3. The contents of relevant clauses must be clear.

Graduates and employers should try to adopt model clauses when signing contracts. If it is really necessary to make changes or additions, it should also be clear in content.

4. Pay attention to the connection with the labor contract

Since the employment agreement for graduates was signed earlier, in order to avoid disputes when concluding the labor contract in the future, the main contents of the labor contract should be reflected in the agreed terms of the employment agreement as far as possible, and it should be clearly stated that it should be confirmed when concluding the labor contract in the future.

5. Make a prior agreement on the conditions for the termination of the contract

Once the graduate employment agreement is concluded, it is binding on the parties concerned, and it shall not be terminated at will, otherwise it shall be liable for breach of contract.

VI. dissolution of employment agreement

dissolution of employment agreement can be divided into unilateral dissolution and bilateral dissolution.

unilateral dissolution includes unilateral unauthorized dissolution and unilateral dissolution according to law or agreement. Unilateral dissolution without authorization is a breach of contract. Unilateral dissolution by law or agreement means that there is a legal or agreement basis for one party to dissolve the employment agreement. Such unilateral dissolution does not require the dissolving party to bear legal responsibility for the other party.

dissolution by both parties means that graduates and employers cancel the original agreement through consultation, so that the agreement has no legal effect. Neither party shall bear legal responsibility, but the consent of the school shall be sought.

VII. Responsibility for Breach of Contract and Consequences of Graduates' Breach of Contract

Graduates' breach of contract, in addition to paying liquidated damages, will often cause other adverse consequences, mainly in the following aspects:

First, as far as employers are concerned, employers often do a lot of work to hire a graduate, and once students breach of contract, they will be passive to employers.

second, as far as schools are concerned, employers often regard graduates' breach of contract as lax management of schools, thus affecting the long-term cooperative relationship between schools and employers.

Third, as far as other graduates are concerned, breach of contract will affect the employment of other graduates, resulting in a waste of employment information.