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Introduction to the tripartite agreement
Tripartite agreement
The tripartite agreement is the abbreviation of the "National Employment Agreement for Graduates of Ordinary Colleges and Universities". It is a written form that clarifies the rights and obligations of the graduates, employers, and schools in the employment of graduates. It can resolve the household registration and A series of related issues such as archives, insurance, provident fund, etc.
The tripartite agreement terminates automatically after the graduates register at the unit (with the "National College Graduate Employment Registration Certificate" or "National Graduate Graduate Registration Certificate") and the employer formally accepts it.
basic concepts
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三方协议案例(3张)
三方就业协议书不同于劳动合同
First of all, the tripartite employment agreement is uniformly printed by the Ministry of Education, mainly to clarify the basic conditions and requirements of the tripartite parties. The basis for the formulation of the tripartite employment agreement is the national laws and regulations on the employment of college graduates, and the validity period is: the period from the date of signing the contract until the graduates report to the employer. The labor contract is restricted and protected by the "Labor Law" and the "Contract Law". Some employers, such as many foreign companies, require that they sign a similar agreement with their graduates when confirming their employment (note: before reporting to the employer). Labor contract agreement; and more employers require to sign a "Letter of Employment Intent" first, and then sign the labor contract after the graduates report.
Secondly, the employment agreement is a tripartite contract, which involves the school, the employer, and the student. The three parties are interrelated but independent of each other. The labor contract is a two-party contract, which consists of the rights and obligations of the worker and the employer. Third, graduates are still students when they sign employment agreements, but they should be workers when they sign labor contracts. Once the labor contract is signed, the validity of the employment agreement shall be lost. If the labor contract conflicts with the attachment of the tripartite agreement, the labor contract shall prevail.
Meaning function
Once the tripartite agreement is signed, it means that the first job for 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, 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 the Talent Exchange Center to recruit employees, and their opinions must be signed on the agreement to be effective. Fresh graduates also need to understand the special regulations of different local personnel authorities.
Note
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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 unit’s valid seal. The professional names are the same and cannot be abbreviated.
Second, foreign companies, joint ventures, and private companies generally use a probationary period. Depending on the length of the contract, it can range from 1 to 3 months. The probation period is usually 3 months and not more than 6 months. National agencies, universities, and research institutes generally adopt the internship period, which is usually one year.
Third, in order to retain students, many units restrict students with high liquidated damages. Students should strive to minimize the liquidated damages during the negotiation, and usually the liquidated damages shall not exceed 5,000 yuan. However, the labor law stipulates that “for employees who are obligated to keep confidential, the employer may stipulate a non-competition clause with the employee in the labor contract or confidentiality agreement, and stipulate that after the labor contract is terminated or terminated, the non-competition period The employee shall be given economic compensation on a monthly basis. If the employee violates the agreement on the restriction of competition, the employer shall pay the employer liquidated damages in accordance with the agreement. Except for the above-mentioned two kinds of laws, the employer shall not agree with the employee that the employee shall bear the breach of contract Money.” So students should strive to abolish the rule of liquidated damages.
Fourth, the current graduate employment agreement is a "standard contract", but the "remarks" section allows the three parties to separately agree on their rights and obligations. In order to prevent employers from committing to one set and making one set, graduates can state the benefits of vacation, housing, insurance and other benefits reached before signing the contract in the remarks column. In case of disputes, they can protect their legal rights.
Fifth, many colleges and universities now force students to sign “false” agreements with relatives of acquaintances in order to increase their own employment rate. This is not good for graduates, and graduates should not give in.
Sixth, students must strictly follow the prescribed steps when signing an agreement. After the employer has completed the filling and stamping, go to the school employment guidance center for visa stamping. Do not go directly to the school graduate employment guidance center to ask for a seal after completing the filling. The consequence of this is that when the unit fills in, the salary and benefits are very different from the previous promises. However, because the students and the school have signed and stamped them, they are too weak to come back. Either accept it backwards, or be forced to compensate the employer for breach of contract.
The tripartite agreement serves as a basis for national statistics on the employment rate of college students, and it is also a proof of the issuance of the national dispatch certificate. Only if you sign the tripartite agreement and take it back to the school, the school will issue you a dispatch certificate after you graduate, and you will report to the unit where you work with the dispatch certificate, and the length of service will begin to count, and you will also have a cadre Status (basically graduate on June 25th every year, so the three parties must be handed over to the school before June 18).
The tripartite agreement is a written form that clarifies the rights and obligations of graduates, employers, and schools in the employment of graduates, so as to solve a series of related issues such as household registration, files, insurance, and provident funds for fresh graduates. The agreement terminates automatically after the graduates report to the unit and the employer officially accepts it. Therefore, the tripartite agreement is only the employment intention signed by the graduates, the employer, and the school. It is not a legal document of the labor relationship. It has no binding force on the labor relationship. Only the graduates report to the unit and sign the labor contract with the unit or form After the factual labor relationship and the intention become reality, the graduates can form a formal labor relationship with the employer. Some companies, after signing a tripartite agreement with students, require students to go to the company for internship before graduation. After graduation, companies negotiate and sign labor contracts based on their internship performance and the principles of signing labor contracts, or they may not sign labor contracts. Therefore, for graduates, signing a tripartite agreement does not enter the "safe deposit box" of employment, and they need to accept further inspections during the internship and probation period of the employer.
Legal Issues
After the graduates report to the employer, the tripartite agreement is terminated. At this time, the employer will sign a formal labor contract with the employer, which stipulates the laborer’s probation period, service period, salary and other benefits. After the signing of the contract, the two parties formally confirmed the labor relationship.
