Graduates' Issues on Tripartite Agreement and Labor Contract

1.August 20th11You left before the contract came into effect: it's not a breach of contract. But if a tripartite agreement is signed at the same time, leaving before 20 1 1 is a violation of the tripartite agreement.

2. If the tripartite agreement stipulates liquidated damages, the agreement shall apply; If there is no agreed liquidated damages, there is no need to pay liquidated damages when leaving.

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1. "Generally, the tripartite agreement is not signed first, and then the labor contract is signed after graduation. Is it wrong to sign the contract directly? " ：

(1) If you are a fresh graduate who has not yet got a diploma, you will generally sign a tripartite agreement, get a diploma, work in the company, and then sign a labor contract. However, the tripartite agreement is not as clear as the formal labor contract in protecting students.

(2) The company you apply for requires you to sign a labor contract directly, which is more beneficial to you.

2. About your supplementary information:

(1) Part of the agreement in Article 1 is illegal: Party B has the right to refuse. Party A has the right to require employees to work overtime according to the company's rules and regulations. However, according to the labor law, overtime should be negotiated with employees. If there is any objection, the employee has the right to refuse.

Therefore, even if you sign this clause, you can not perform it in the future. If you don't want to work overtime, the company is forced to work overtime, and you can complain to the local labor inspection department.

(2) Employees who agree to work overtime shall be paid overtime wages according to the standards stipulated in the Labor Law: those who work more than 8 hours a day and 44 hours a week shall be counted as overtime, and they shall be paid 150% of their wages at ordinary times, twice their wages on rest days and three times their wages on legal holidays.

(3) The agreement in Article 2 is not illegal as long as both parties agree: however, it is not good for you to sign it. In the future, the company can adjust your post and work place at will. If you don't obey, it will be a breach of contract. The company has the right to terminate the labor contract with you without paying compensation.