Current location - Quotes Website - Signature design - Is it a breach of contract not to sign a tripartite agreement?
Is it a breach of contract not to sign a tripartite agreement?
Failure to sign a tripartite agreement is not a breach of contract.

The tripartite agreement can only take effect after all three parties sign or seal it. Therefore, if the tripartite agreement is not signed and does not take effect, it does not constitute a breach of contract. The main purpose of tripartite agreement is to protect the legitimate rights and interests of graduates, and the insertion of schools plays a supervisory role for employers.

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 contracts. Before signing a tripartite agreement, college students must carefully check the affiliation of the employer. State organs, institutions and state-owned enterprises generally have the right to receive personnel. Private enterprises and foreign-funded enterprises need to be approved by the personnel bureau or the talent exchange center to recruit employees, and they must sign the agreement to be effective. Fresh graduates should also have an understanding of the special regulations of local personnel departments.

After the graduates report to the employer, the tripartite agreement is terminated. At this time, the employer will sign a formal labor contract with them, which stipulates the probation period, service period, salary and other benefits of the workers in the unit. After the contract is signed, the two parties formally determine the labor relationship.

Article 490 of the Civil Code of People's Republic of China (PRC): If the parties conclude a contract in the form of a contract, the contract is concluded when the parties sign, seal or fingerprint it. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.

A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.

Article 502 A lawfully formed contract shall become effective upon its formation, unless otherwise provided by law or agreed by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations.

The modification, assignment and dissolution of a contract shall be subject to the provisions of laws and administrative regulations, and the provisions of the preceding paragraph shall apply and shall be subject to approval.