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Can the tripartite agreement for fresh graduates be signed casually?
Can the tripartite agreement for fresh graduates be signed casually?

In life, agreements are used more and more widely, and signing agreements is the guarantee to solve disputes. So how to write the relevant agreement? The following is the tripartite agreement for fresh graduates that I have compiled for you. Can I just sign your name for your reference? I hope I can help my friends in need.

Can the tripartite agreement for fresh graduates be signed casually?

Graduates who don't find jobs don't need to sign a tripartite agreement. The employment status of fresh graduates is precious, which is a necessary condition for entering state-owned enterprises, undertaking preparation examinations and recruiting civil servants within two years. Don't be easily defiled.

1, if you don't sign a tripartite agreement, you will be working part-time outside the home, but you can't do a complete five insurances and one gold. Therefore, the disadvantage of signing a fake tripartite agreement in my hometown to move my hukou back is that I will always be a wage earner and go to college for nothing.

2. The three questions you asked are actually one question: How do graduates who have not signed an employment agreement with the unit apply for cadre status? When you graduate, with your diploma, you have the qualification to enter management positions, that is, the status of cadres in the planned economy period. Being a cadre is a qualification, which has nothing to do with whether you apply for graduation or not. Being an official at the highest level only explains your work experience after graduation. Your confirmation and grading are related to your application for professional and technical qualifications in the future. You'd better go to your file storage office to improve your file, although it won't affect the identity of that cadre.

3. You didn't sign a tripartite agreement within two years after graduation, and your household registration and files were sent back to your place of origin (some graduates took the college entrance examination in different places, not necessarily their place of origin), and the receiving unit was the talent market of your place of origin. After graduation here, you can go through formal grading procedures and keep your illusory cadre status. Also continue your file materials and party group relations.

4. To sign a tripartite agreement with a private enterprise, you need to follow the following process: the tripartite agreement needs to be sealed by the department where the graduate school is located, signed by the graduate himself and filled in complete information, sealed by the enterprise (preferably by the administrative seal, at least by the human resources department), and approved by the talent market where the enterprise is located (the enterprise should determine the employment plan with the talent market). Back to school, seal the employment guidance center and give it to the school and the employer. After graduation, you can apply for a dispatch card at school to report to the enterprise, sign a labor contract, and then file with the Human Resources and Social Security Bureau to transfer files and the relationship between the party and the masses.

concept

Tripartite Agreement is the abbreviation of Employment Agreement for Graduates and Postgraduates in Colleges and Universities. It is a written form that clarifies the rights and obligations of graduates, employers and schools in graduate employment, and can solve a series of related problems such as household registration, archives, insurance and provident fund. Graduates report to the unit (with the national employment registration certificate for college graduates or the national graduation registration certificate), and the tripartite agreement will be automatically terminated after the employer officially accepts it.

What is the tripartite agreement process for fresh graduates?

1. Graduates and employers determine their employment intentions on the basis of satisfying supply and demand and two-way choice. Graduates fill in their basic information and sign it.

2. Fill in the contents of the agreement in the presence of both parties. The receiving unit and the competent department shall fill in the basic information and affix their seals, or the receiving unit and the personnel agency department shall sign their opinions and affix their seals.

3. Graduates take the agreement back to the department where they work and seal it, and submit it to the Graduate Employment Guidance Center for consultation and seal (paying visa fees). Graduate Employment Guidance Center will send the employment agreement to the Provincial Department of Education for visa, payment and seal.

4. The employment guidance center for college graduates will return the copies of the agreement units and graduates to the units and graduates, prepare employment plans, and the enterprises will issue registration cards.

Matters needing attention in filling in tripartite agreement

1, graduate. Fill in truthfully, name, educational system and educational background. Professional name and home address should be filled in in detail to avoid unnecessary trouble. The contact telephone number must be clearly filled in, and the counselor of the department or class should be informed of the change of the telephone number in time. Once something happens, it is convenient for the college or the employer to inform.

2, the unit situation. Check whether the name of the employer is consistent with the name of the effective seal of the employer; Contact person, telephone number, mailing address and the nature of the unit should be clearly written; In the file forwarding address column, be sure to fill in the full name and address of the personnel file storage unit.

Units with the right to keep personnel files can fill in the address of the unit, and units without the right to keep personnel files should fill in the address of entrusted files (talent market and talent exchange center, mainly referring to foreign-funded enterprises, private enterprises and private enterprises belonging to talent exchange center or talent market).

3. For the additional clauses reached by both parties through consultation, both parties should clearly fill in the additional clauses on the special requirements for graduates to take the undergraduate examination, such as physical examination, liability for breach of contract and liquidated damages, and apply for opinions or opinions of the employer in the agreement, or prepare a supplementary agreement separately to avoid endless future troubles.

4. About the official seal of the employer: When signing an agreement with the employer, we must pay attention to the level and competent department of the employer. In fact, the employer has different levels besides the nature of the employer, so it is necessary to build all the required official seals to avoid unnecessary troubles (the opinion of the superior competent department of the employer is that "the unit with the autonomy of the employer can be omitted").

To sum up, the tripartite agreement of graduates is the data of the school's statistical employment rate. For graduates, it is very important to sign a tripartite agreement in order to have the status of cadres and start calculating the length of service.

Meaning function

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.

Matters needing attention

Six details should be paid attention to 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 not, the agreement is invalid; When filling in your own professional name, it should be consistent with the professional name of the academic affairs office of the school and cannot be abbreviated.

Second, foreign companies, joint ventures and private enterprises generally adopt a probation period, which can range from 1-3 months according to the length of the contract. Usually, the probation period is 3 months, and shall not exceed 6 months. State organs, universities and research institutes generally take a probation period, which is generally one year.

Third, many units bind students with high liquidated damages in order to retain them. Students should try their best to minimize the liquidated damages during negotiation, which usually does not exceed 5,000 yuan. However, the "Labor Law" stipulates that "the employer may stipulate the non-competition clause with the employee in the labor contract or confidentiality agreement, and agree to give him economic compensation every month during the non-competition period after the termination or termination of the labor contract. If the laborer violates the non-competition agreement, he shall pay liquidated damages to the employer in accordance with the agreement. Except for the circumstances stipulated in the above two laws, the employer shall not agree with the employee that the employee shall bear the liquidated damages. " Therefore, students should strive to cancel the stipulation of liquidated damages.

Fourth, the current employment agreement for graduates is a "format contract", but the "Remarks" section allows the three parties to separately stipulate their rights and obligations. In order to prevent the employer from committing one thing to another, graduates can explain the welfare benefits such as vacation, housing and insurance reached before signing the contract in the remarks column, and in case of disputes, they can defend their rights according to law.

Fifth, in order to improve their employment rate, many colleges and universities force students to find acquaintances and relatives to sign "fake" agreements, which is not good for graduates, and graduates should not give in.

Sixth, students should strictly follow the prescribed steps when signing the agreement. Wait for the employer to fill in and stamp, and then go to the school employment guidance center for visa and stamp. Don't fill it out and go directly to the employment guidance center for school graduates. You should stamp it. The consequence of this is that when the unit fills in the form, the salary is very different from what it promised in the past. However, students can't go back to heaven because they and the school have signed and sealed. Either accept resignation or be forced to compensate the employer for breach of contract.

The tripartite agreement is a basis for the national statistics of the employment rate of college students, and it is also a proof of the issuance of the national dispatch certificate. Only when you sign the tripartite agreement and get it back to the school will the school send you a dispatch card after graduation. You will report to your work unit with the dispatch card, and then start to calculate the length of service, so you will have the status of a cadre (you graduate on June 25th every year, so you must hand over the tripartite to the school before June 18).

Tripartite agreement is a written form to clarify the rights and obligations of graduates, employers and schools in the employment of graduates, so as to solve a series of related problems such as household registration, archives, insurance and provident fund for fresh graduates. The agreement will be automatically terminated after the graduates report to the unit and the employer formally accepts it. Therefore, the tripartite agreement is only an employment intention signed by graduates, employers and schools, not a legal document of labor relations, and is not binding on labor relations. Graduates can only form formal labor relations with employers after they report to the unit and sign labor contracts with the unit or form factual labor relations. After signing a tripartite agreement with students, some enterprises require students to practice in the company before graduation. After graduation, enterprises may sign labor contracts through consultation according to the internship performance and the principle of signing labor contracts, and may not sign them. Therefore, for graduates, the signing of the tripartite agreement has not entered the "safe box" for employment, and further investigation is still needed during the internship and probation period of the employer.

Details of tripartite agreement signed by fresh graduates:

Details 1: account

If the unit promises to solve the hukou problem, it must be clear whether it is "guaranteed to solve" or just "trying to solve". Different opinions guarantee different rights and will have a corresponding impact on your job choice. Moreover, if the unit guarantees to solve the account, I suggest you write down this right in the remarks column after the tripartite agreement to safeguard your legitimate rights and interests. Fresh graduates should know these details when signing the tripartite agreement! Avoid falling into the pit! Junior students know in advance.

Detail 2: Treatment

During the interview, HR will usually ask you about your expected salary. If you are informed that the interview has passed and you are offered an offer, you can boldly ask about the company's treatment, not the possible income, but the actual income, and ask whether the salary is before tax or after tax, and whether it includes bonuses, benefits, subsidies, insurance, provident fund and so on. At the same time, we should also pay attention to the local consumption level. In some areas, wages seem high, but consumption is not low. If you don't include food and accommodation, you may have little salary left every month.

Detail 3: Work content

Clearly know your work department, daily affairs, and the development of this department in the company, whether it is the core department of the company, and whether it will help you improve your work ability, appreciate and raise your salary in the future. Core departments and departments with technical content will definitely get more attention from unit leaders and grow faster after entering.

Detail 4: Three-party liquidated damages

Different from the labor contract liquidated damages, the labor contract liquidated damages are the liquidated damages after reporting to the company, and the tripartite liquidated damages are the liquidated damages before reporting to the company. Generally speaking, you signed a tripartite agreement with the company but didn't report to the company. It should be noted that not all units have tripartite liquidated damages, so don't take the initiative to ask for it. If there is a tripartite penalty, the company will explain it to you and write it in the remarks column behind the tripartite agreement. If there are no comments in the tripartite agreement, the default company has not set tripartite liquidated damages.

Detail 5: The name of the unit is consistent with the name of the seal.

We must pay attention to this detail. If the company name is inconsistent with the company seal, it will be regarded as invalid and the rights and interests of graduates will not be effectively protected. When filling in the information, we should also ensure the correctness and completeness of the information, such as the name of the school and the name of the major. Fresh graduates should know these details when signing the tripartite agreement! Avoid falling into the pit! Junior students know in advance.

Signing the tripartite agreement is a serious and important matter, so we must pay attention to all kinds of details. Before signing the contract, you should know all kinds of situations, such as company reputation, development opportunities, overtime work every day, promotion channels and so on. In addition, when signing a tripartite agreement, it must also be carried out according to the prescribed procedures. After the employer has filled it out and carefully examined it, it will go to the school employment guidance center and affix its seal. If the students and the school sign and seal first, and then the company fills in the information and seals, it is very likely that the things filled in by the company are different from those discussed before, causing losses to the fresh graduates.

Therefore, everyone must comprehensively consider various factors when looking for a job after graduation, and sign relevant agreements carefully and read the terms clearly.

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