Is it reasonable for Zhongnan Group to detain college students through tripartite agreement?

Any party to the tripartite agreement must unconditionally perform the contents of the agreement and must not tear it up without reason, otherwise it will be liable for breach of contract. Please refer to my blog post:

This student, no matter what the reason, should carefully sign the tripartite employment agreement, which is the rest of his life. Please go through the transfer formalities according to my tips. This is my blog post.

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. ?

Once the tripartite agreement is signed, it means that the first job of college students is basically determined. Therefore, fresh graduates should pay special attention to signing contracts. A teacher from the Employment Office of colleges and universities said that college students should carefully check the affiliation of employers before signing a tripartite agreement. State organs, institutions and state-owned enterprises generally have the right to receive personnel. Private enterprises and foreign-funded enterprises need to be approved by the personnel bureau or the talent exchange center to recruit employees, and they must sign the agreement to be effective. Fresh graduates should also have an understanding of the special regulations of local personnel departments. ?

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.

Pay attention to four aspects when signing a labor contract and five details when signing a tripartite agreement. ?

When signing a labor contract, college students should be clear about their posts and duties, otherwise the employer will use the transfer method to oppress you to resign voluntarily in disguise and send you away without paying any economic compensation. Second, it is necessary to prevent employers from repeatedly extending the probation period through job hopping, because the same person in the same position cannot apply the probation period twice, and there is no job hopping restriction. Third, to specify the minimum wage standard in the labor contract, it is best to fix the year-end bonus clause as part of the salary. Because China has not defined the year-end bonus for the time being, this legal gap may be used by employers and will become a way to deduct wages in the future. Fourth, it is necessary to know whether the employer provides social insurance for employees. If there is no social security, it is equivalent to a lot of wages, and you can't enjoy the social security benefits of the state and units.

When signing a tripartite agreement, college students should first look at whether 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. 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. Fifth, students should strictly follow the prescribed steps when signing the agreement. Wait for the employer to fill in and stamp, and then go to the school employment guidance center for visa and stamp. Don't fill it out and go directly to the employment guidance center for school graduates. You should stamp it. The consequence of this is that when the unit fills in the form, the salary is greater than promised in the past. Very different. But the students can't do anything, because they have signed and sealed with the school. Either accept resignation or be forced to compensate the employer for breach of contract.

Tripartite agreement, as the basis of national statistics on the employment rate of college students, is also a national? Certificate of domestic dispatch. Only when you sign a tripartite agreement and get it back to the school will the school send you a dispatch card after graduation. You will report to the unit where you work with the dispatch card, and then you will start to calculate the length of service, and you will have the status of a cadre.

If the student does not work as agreed by the three parties, the employer has the right to require him to bear the liability for breach of contract; If the employer fails to perform the tripartite agreement, the students can ask them to pay liquidated damages. If the student can't find a satisfactory job, the employer should continue to perform the agreement. If you want to quit your internship before graduation, there is no other way but to go to the original unit to withdraw the agreement, then sign an agreement with the new unit you want to go to, the school will change the dispatch card, and then report to the new unit. We have recruited many of them and changed their dispatch. However, regular state-owned enterprises will not recruit people without sending cards, and you can't do it without changing them. Some people will give you advice to ignore the original unit and report directly to the unit you want to go to. I tell you, it's because he doesn't understand, or he dug a hole for you on purpose. You don't have a dispatch card and agreement, and you can't even do hukou, four insurances and one gold, labor and employment. You can only work, not get a job. Moreover, students who sign agreements with other enterprises may face the risk of being sued. Formal state units don't do this. You must prove that your dispatch card is the unit to be hired. Just like a football player who wants to transfer, he must pay the same transfer fee to his original unit or become a free agent.