How to sign a tripartite agreement on college students' employment

The relevant steps for graduates to sign tripartite contracts are as follows:

Graduates receive the Employment Agreement for Graduates of Ordinary Colleges and Universities, that is, the tripartite agreement. (Some schools may require the employer to issue an acceptance letter before issuing a tripartite agreement. )

Graduates fill in information and opinions related to themselves. Pay attention to fill in carefully and don't make mistakes.

After finding the work unit, the tripartite agreement will be handed over to the employer, who will fill in the relevant information and opinions and affix the official seal of the unit.

After the graduates themselves and the employing unit have completed the filling, signed or sealed, and the examination is correct, they will be submitted to the school employment guidance office, and the school will fill in the school opinions and seal them.

Finally, look at the tripartite agreement again. After confirmation, graduates, schools and employers each keep a copy for the record.

Do graduates still have to sign labor contracts when signing tripartite agreements?

An employment agreement is not a labor contract. After the graduates report for duty, they should ask the employer to sign a labor contract, clearly stipulating the probation period, working hours, working place, salary, rest and vacation, etc. If a labor contract has not been signed for more than one month, the employer shall pay double wages and cannot refuse to pay on the grounds of signing an employment agreement.

Individuals can not sign the contract, but there is no guarantee that the employer will fulfill its promise as agreed, and it is difficult to protect the rights and interests of job seekers.

In unit recruitment, some units think that it is illegal to sign an employment agreement without signing a labor contract, or refuse to sign a labor contract by signing an employment agreement.

The tripartite agreement is limited to the contract signed between the fresh graduates and the proposed employer during the job-hunting stage, and its effectiveness is limited to the time before obtaining the diploma;

The purpose of the tripartite agreement is to restrain the fresh graduates from entering the proposed employer after graduation, and at the same time require the proposed employer to sign a labor contract with the fresh graduates after graduation. Therefore, if the employer signs a formal labor contract with the fresh graduates, the effectiveness of the tripartite agreement will naturally be lifted;

The default clauses that can be agreed in a formal labor contract are limited to contracts involving confidentiality clauses and setting service periods, and no liquidated damages can be set for workers under any other circumstances. The breach clause of the tripartite agreement is only for fresh graduates who have not entered the employer after graduation. After the formal labor contract is signed, the foundation required by the breach clause no longer exists, and it is certainly impossible to extend the breach clause to the formal labor contract.

Tripartite agreement is the product of the transition from planned economy to market economy. Tripartite agreement has no accurate legal provisions, but after formal work, we can refer to labor laws and regulations such as labor law and labor contract law.

Article 3 Basic Principles of the Labor Contract Law In concluding a labor contract, the principles of legality, fairness, equality, voluntariness, consensus through consultation, honesty and credibility shall be followed.

The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Legal basis:

Article 10 of People's Republic of China (PRC) Labor Contract Law

To establish labor relations, a written labor contract shall be concluded.

If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.