This is the case with the recent graduates of the tripartite agreement.

It is an agreement that fresh graduates must sign when they first get employment. It is signed by the students themselves, the school where they graduated and the unit they want to go to, so it is called a tripartite agreement. The agreement clarifies the rights and obligations of the three parties, including student registration, school dispatch, unit acceptance and so on.

A labor contract is an agreement between an employer and an employee to establish labor relations according to law and to clarify the rights and obligations of both parties. Labor contracts concluded in accordance with the Labor Law and other labor laws and regulations are protected by national laws and are binding on both parties to the contract, which is the direct evidence and basis for handling labor disputes. Labor contracts are reviewed by the Labor Bureau.

The service agreement is an agreement that non-Beijing graduates must sign when they are employed in Beijing. Signed by the student himself and the unit where the student wants to go, and reviewed by the Personnel Bureau.

(2) How to sign a tripartite agreement

1. Tripartite agreement is an agreement reached by graduates, employers and schools on the employment direction of students, which will take effect after being signed by the three parties. It is binding on all three parties who sign the contract. After graduates and employers reach employment intention through two-way selection, they must sign employment agreements for college graduates and graduate students issued by the school, and other employment agreements signed by graduates and employers are invalid.

2. The employment agreement will be automatically terminated after the graduates report to the unit and the employer formally accepts it. Employment agreement is a written form that defines the rights and obligations of graduates, employers and schools in graduate employment. (The labor contract is the legal basis for the post, welfare and related rights and obligations of graduates after taking up their posts).

3. The principle of legality of the subject of the employment agreement. The parties who sign the employment agreement must have legal subject qualification. For graduates, it is necessary to obtain graduation qualifications. If a graduate fails to obtain the graduation qualification at the time of dispatch, the employing unit may refuse to accept it and bear no legal responsibility.

4. When filling in the name of the employer, be sure to pay attention to whether it is consistent with the name on the effective seal of the employer. If not, the agreement is invalid.

5. When students fill in the professional name, it should be consistent with the professional name of the academic affairs office of the school and cannot be abbreviated.

6. Probation period and time of probation period. Foreign enterprises, joint ventures and private enterprises generally adopt 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. Take only one probation period and probation period, and cross out the other one.

7. liquidated damages. According to the agreement between students and employers. In order to "retain" students, many units bind students with high liquidated damages. Students should try their best to reduce the liquidated damages in the negotiation, which usually does not exceed 5,000 yuan.

8. 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 promising to do one thing, graduates can explain the welfare benefits such as vacation, housing and insurance reached before signing the contract in the remarks column. Once a dispute arises, they can give evidence to the court in time to safeguard their legitimate rights and interests.

9. Students must strictly follow the prescribed steps when signing the agreement. After the employer fills in and seals it, it shall go to the school employment guidance center to verify and seal it. Some students are lazy. After filling out the form, they go directly to the employment guidance center for school graduates and ask for a stamp. As a result, when the unit filled in the form, the salary was quite different from what it had promised in the past. The students are dissatisfied because they have signed and sealed with the school, and they can't help it. Either accept the resignation or be forced to breach the contract and compensate the employer.

(III) Matters needing attention when signing a tripartite agreement

It's not easy to find a job, and it's even harder to find a good job, so you may "yield" hastily and let those neglected details disturb your mood after entering the workplace. Listen to hindsight here to help you prevent possible harm to you. Phenomenon 1: wages have shrunk dramatically.

Many students' actual wages after entering the company are much lower than those written in the agreement, because the company has withheld relevant expenses according to law. Some students are fooled and want to jump ship in a rage, but they are hesitant because of the pressure of liquidated damages in employment agreements or labor contracts. In fact, fully communicating with the employer before signing the employment agreement can completely avoid such troubles.

You might as well ask a few questions:

1. Is your salary before tax or after tax? The pre-tax salary includes the personal income tax that you should bear according to law, and the amount of personal income tax should be deducted from the salary you actually get. If the employer promises to pay your after-tax salary, I suggest that you ask the employer to make it clear in the employment agreement, otherwise any dispute will be regarded as pre-tax salary.

2. Clarify the social insurance paid by the employer, that is, clarify whether the employer pays "city insurance" or "town insurance" for you. If it is "town insurance", you don't have to deduct personal burden from your salary. If it is "city insurance", you should make it clear to the employer whether your salary includes the personal part of social insurance.

If the employer promises to bear the personal part of social insurance for you, I suggest you ask the employer to make it clear in the employment agreement.

3. Confirm whether your salary includes housing accumulation fund. Your personal burden of provident fund is calculated according to 7% of your first month's salary after you join the company. If there is no clear agreement, then your salary generally includes the personal burden of the housing provident fund, and the employer will withhold and remit it when paying the salary.

(4), beware of six kinds of labor contracts

In view of the increasing number of violations of workers' rights and interests in labor contracts, the Liaoning Provincial Department of Labor and Social Security yesterday reminded job seekers to be alert to six traps in labor contracts. In case of any of the following circumstances, the employee may refuse to sign the labor contract or report it to the labor department.

1, "overlord contract": In some labor contracts, the words "decided by Party A" and "implemented according to Party A's relevant regulations" are only from the perspective of the employer, but job seekers are placed in a passive subordinate position.

2. "deposit contract": some employers collect risk funds, deposits, mortgage payments, etc. Ask job seekers in various names in the labor contract. Once job seekers take the initiative to leave the employer, these mortgages will be difficult to get back.

3. "Black-box contract": There are still some employers who do not negotiate with the workers at all or explain the contents of the contract to them when signing labor contracts. In the contract, the rights of the employer and the obligations of the laborer are stipulated only from the interests of the enterprise, and the obligations of the employer and the rights of the laborer are rarely or never involved.

4. "Life contract": Some employers engaged in risky operations failed to fulfill their life safety obligations in accordance with the relevant provisions of the Labor Law, and put forward provisions such as "no responsibility for work-related injuries" to get rid of the responsibilities that employers should bear.

5. "Prostitution contract": Some employers put forward in the labor contract that job seekers can't change jobs to work in companies in the same industry for several years, or that all actions of job seekers must obey the arrangement of the employer, which infringes the rights of workers.

6. "Double-sided contract": Some employers have prepared at least two contracts, one of which is a fake contract, and the contents are signed in full accordance with the requirements of relevant departments to cope with the inspection of relevant departments. They may not follow this in the process of labor, but they may actually implement another contract.

(V) Matters needing attention in signing a labor contract

1. Probation period, probation period and apprenticeship period

probation period

Probation period is an assessment period agreed by the employer and the employee for mutual understanding and choice after the establishment of labor relations, which is suitable for the employee to change his post or type of work when he is employed for the first time or re-employed. During the probation period, the employee may notify the employer to terminate the labor contract at any time. According to the relevant regulations of the former Ministry of Labor, college graduates newly assigned to work in the employing unit are subject to a one-year probation period, during which a probation period of no more than half a year can be agreed.

The probation period is a part of the term of the labor contract, and it is illegal for the employer to refuse to sign the labor contract or assume obligations on the grounds of probation period. The probation period stipulated in the labor contract is included in the contract term, and the longest period shall not exceed 6 months. At the same time, the extension or shortening of the probation period is a change agreed by both parties, including changes in other terms of the labor contract, which should be agreed by both parties through consultation. If either party cannot accept it, it shall continue to perform it in accordance with the original agreement, unless otherwise stipulated by laws and regulations. The employer can only try the same worker whose job position has not changed once. The exception to this restriction is that if the employee is not competent for the job, the employer can try out or try out the job according to the employer's rules and regulations. According to the notice, if the term of the labor contract is less than 6 months, the probation period shall not exceed 15 days; If the term of the labor contract is more than 6 months but less than 1 year, the probation period shall not exceed 30 days; If the term of the labor contract is 1 year and less than 2 years, the probation period shall not exceed 60 days.

learn on the job

Probation period is a business adaptation and assessment system for fresh graduates in China, which is suitable for employers to recruit fresh graduates. If the trainee is qualified after the probation period expires, the employee shall go through the formalities of becoming a full member and evaluate the professional title; After the probation period expires, if the intern does not meet the requirements, the probation period can be extended from six months to one year or the salary standard can be reduced. If the performance is particularly poor, the employer may dismiss.

apprenticeship

Apprenticeship is actually similar to probation, but for different people. Mainly refers to the pre-job training stage when the factory recruits workers. According to the relevant regulations formulated by the former Ministry of Labor 1996, apprenticeship is a training method for newcomers to familiarize themselves with business and improve their work skills. After the implementation of the labor contract system, we should continue to adopt and implement this training method according to the time limit stipulated by the technical grade standard.

The probation period and the apprenticeship period are included in the term of the labor contract and can be agreed at the same time, but the probation period shall not exceed half a year.

2. About salary and training fee

Wage: Labor remuneration, including salary during probation period, shall be determined by the employer and the employee through consultation, but it shall not be lower than the statutory standard, that is, the local minimum wage standard.

Training fee: On the premise that the employer provides certain special treatment for specific workers, the employer can agree with the workers who enjoy these special treatment for an auxiliary period, that is, the service period. During this period, workers are not allowed to jump ship at will, otherwise they will bear certain liabilities for breach of contract. These special treatments are usually provided by the unit at a certain cost, and these special treatments are generally not provided to other workers.

During the probation period, the unit provides various technical trainings at its own expense. If you resign during the probation period, the unit may not ask for training fees. Those who resign after the expiration of the probation period shall bear the liability for breach of contract in accordance with the agreement.

3. How to sign a contract when going to a foreign company?

According to the current laws in China, foreign companies must go through foreign affairs service agencies chartered by the state to recruit China employees. In other words, the statutory employers can only be domestic foreign affairs service agencies, and employees can only sign labor contracts with these agencies before they can "send" to work in foreign companies. If China citizens bypass foreign affairs service agencies and sign labor contracts directly with foreign companies, once a dispute arises, China's labor dispute arbitration commission and the people's court will not accept it. The reason is simple: The Labor Law of People's Republic of China (PRC) and the Regulations on Handling Labor Disputes of People's Republic of China (PRC) are only applicable to enterprises in People's Republic of China (PRC) and workers who have established labor relations with them, and foreign enterprises are not included.

4. Resignation and dismissal

The difference between resignation and dismissal lies in who proposed to terminate the labor contract. If the employee voluntarily proposes to terminate the labor contract, it belongs to resignation; The employer voluntarily proposes to terminate the labor contract, which belongs to dismissal. According to the Labor Law and the relevant regulations of the Ministry of Labor, if the employer terminates the labor contract in accordance with legal procedures, it shall pay economic compensation to the workers. However, if the employee resigns voluntarily, the employer may not pay economic compensation.

5. What should I do if there is a labor dispute?

After the occurrence of a labor dispute, the party initiating labor arbitration shall, within 60 days from the date of the occurrence of the labor dispute, submit an application for arbitration to the labor dispute arbitration committee where the employee's wage relationship is located. Anyone who refuses to accept the labor arbitration award shall bring a lawsuit to the people's court within 15 days from the date of receiving the labor arbitration award. "The date of labor dispute" refers to the date when the parties know or should know that their rights have been infringed. If the time limit for arbitration is exceeded, the parties will lose the right to win the case. In other words, unless the other party is willing to take responsibility, the rights of the parties cannot be realized.