Legal basis: People's Republic of China (PRC) Contract Law.

Article 32 When a contract is concluded, if the parties conclude the contract in the form of a contract, the contract shall be concluded when both parties sign or seal it.

Tripartite agreement

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.

basic concept

Tripartite employment agreement is different from labor contract. First of all, the tripartite employment agreement is uniformly printed by the Ministry of Education, mainly to clarify 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, and the validity period is from the date of signing to the time when the graduates report to the employer.

Labor contracts are restricted and protected by labor law and contract law. Some employers, such as many foreign companies, require graduates to sign similar labor contracts when they confirm their employment (note: before reporting to the employer). More employers require to sign an "employment letter of intent" first, and then sign a labor contract after the graduates report for duty.

Secondly, the employment agreement is a tripartite contract involving schools, employers and students. The three parties are interrelated and independent. A labor contract is a contract between two parties, which consists of the rights and obligations of both workers and employers.

Third, graduates are still students when signing employment agreements, but they should be workers when signing labor contracts.

. Once the labor contract is signed, the employment agreement becomes invalid. If there is any contradiction between the labor contract and the annex of the tripartite agreement, the labor contract shall prevail.