Tripartite agreement is a written expression of the rights and obligations of graduates, employers and schools in graduate employment. What should I pay attention to when signing a tripartite agreement? How to sign a tripartite agreement reasonably? Tripartite agreement is the abbreviation of National Employment Agreement for Graduates of 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, provident fund and so on. The agreement will be automatically terminated after the graduates report to the unit and the employer formally accepts it. The tripartite agreement is only the 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.
Once the tripartite agreement is signed, it will be restricted by law. Don't break the contract after the tripartite agreement is signed, so as not to leave the impression of dishonesty and bring negative influence to yourself. Frequent breach of contract will form a vicious circle. Graduates should be careful when signing agreements. Graduates should sign personal opinions on the agreement. The agreement will come into effect after the employer signs and seals it. Graduates may not unilaterally terminate the agreement. This agreement is valid until the contract is signed or the agreement is terminated. If you have other employment options after signing the contract, you must go through the written cancellation procedures with the original unit, and go through the reassignment or other procedures after being filed by the higher personnel department of the employer. But graduates may be liable for breach of contract. When signing a tripartite agreement, we should pay attention to five details: First, see if 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 above two statutory circumstances, the employer may 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" part 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.