Do fresh graduates have to sign a tripartite agreement when looking for a job?

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14. What is an employment agreement? What's the role?

A: The full name of the employment agreement is the National Employment Agreement for College Graduates, which was formulated by the College Students Department of the Ministry of Education. According to the regulations of the state, graduates, employers and schools must sign the Employment Agreement for Graduates of National Colleges and Universities after reaching their employment intentions. Therefore, the national employment agreement for college graduates, commonly known as tripartite agreement, takes effect after being signed by graduates, employers and schools.

The employment agreement has certain universality and authority, which is the main basis for the school to formulate employment plans and send graduates and employers to apply for employment indicators, and is binding on all three parties who sign the contract. Therefore, graduates must sign employment agreements. Once the agreement is signed, all parties to the agreement must strictly implement the agreement: graduates should ensure that they can graduate normally and report to the unit on time; The employer shall receive graduates in accordance with the statutory employment procedures and properly arrange graduates' accounts and files; The school should send graduates to the agreement unit according to the prescribed procedures.

Therefore, the school does not recognize the employment agreement that the school has not signed, does not assume any responsibility arising therefrom, and does not use it as the basis for sending graduates. At the same time, if the graduate breaks the contract personally, but the employer does not agree, the school can only perform the contract according to the agreement returned by the graduate.

15. What is the procedure for graduates to sign employment agreements?

A: The basic procedure is as follows:

(1) Graduates determine the employer's acceptance intention;

(2) Graduates shall go to their college to receive the National Employment Agreement for College Graduates in triplicate;

(3) Graduates sign an employment agreement with the employing unit, and the employing unit is requested to fill in the relevant contents in the Employment Agreement for Graduates of National Colleges and Universities (including household registration, detailed file address and zip code);

(4) Graduates sign employment agreements in their institutions;

(5) Graduates finally sign employment agreements in the employment guidance center, and high-tech enterprises submit copies of valid high-tech enterprise certificates;

⑥ After the school signs the employment agreement, graduates, employers and students themselves each keep an employment agreement; Graduates are responsible for transferring the employment agreement of the employer to the employer; The school keeps a copy in the employment guidance center as the basis for the transfer of graduates' accounts and files.

The employment agreement is finally signed by the school, which is not only a prescribed procedure, but also a protection for the interests of graduates. Putting the school at the end to sign the agreement can not only give graduates a check, but also give everyone a time to think. If the school gives the sealed agreement to the students, once the unit commits fraud, there is nothing the school can do, and the graduates themselves will be injured in the end. It is unwise for every graduate to ask the school to sign the agreement first.

16. What problems should graduates pay attention to when signing employment agreements?

A: At present, the employment agreement used in colleges and universities is formulated by the Department of College Students of the Ministry of Education, and takes effect after being signed by the school, graduates and employers. Extensive and authoritative, it is the main basis for schools to formulate employment plans and employers to apply for employment indicators, and it is binding on all three parties who sign contracts.

Some employers have also made extra employment agreements with different terms for their own work. Some are signed by schools, graduates and employers, and some are only employers and graduates, and there is no school opinion column. Due to the severe employment situation, many graduates have to sign the Ministry of Education at the same time.

Forced to sign harsh contracts, sometimes contradictory. Therefore, it is necessary to remind graduates to pay attention to the following questions:

Signing a contract is a very serious matter and a legal act, so it is very important to understand and negotiate before signing a contract. Graduates should have a detailed understanding of the employer, generally including the size, welfare and management system of the unit; The affiliation of the unit is also very important. 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, and the agreement is valid. Graduates should also understand the special regulations of personnel departments in different places. In addition to the agreement, non-local students from Beijing have to go through the examination and approval of the College Students Office of the Municipal Personnel Bureau, and Shanghai, Guangdong and Fujian provinces also have similar regulations.

② The general procedure for signing a contract is: graduates take the letter of admission from the employer to the department to receive the employment agreement, which will be signed by the graduates and the employer before being handed over to the school, and the agreement will take effect after being signed by the school.

(3) Generally, graduates should sign a labor contract with the employer after reporting to the employer, so they should know the contents of the contract before signing it, especially the working years and treatment of the contract. Graduates can ask for samples or copies from the recruiting unit to avoid disputes after registration and cause great losses.

(4) In order to avoid disputes after reporting to the employer, the income, housing, insurance and other welfare benefits reached before signing the contract should be clearly stated in the agreement. (Of course, this will be more troublesome, and it will also test the communication skills of graduates. ) If you apply for graduate students or prepare to go abroad, you should explain it to the employer in advance and write it in the agreement. Some graduates hide this information from employers, which is not desirable and will bring a lot of unnecessary trouble.

Last but not least. When you are hesitant about the question, you should ask the teachers in charge of employment in the school in time, ask for their opinions, and ask for the opinions of parents, relatives and friends. After careful consideration, you can sign the contract.

17. Can graduates sign employment agreements with multiple employers?

A: Each graduate can only sign an employment agreement with one employer. Any act of signing employment agreements with multiple employers is illegal and will be investigated, punished and even bear corresponding legal responsibilities. It is strictly forbidden for graduates to sign employment agreements with many units. Graduates should be honest and trustworthy, and don't cheat employers.

18. What's the difference between an employment agreement and a labor contract?

A: The employment agreement is a written civil contract reached by both parties, not an employment contract. Its effect is not to determine the labor contract relationship between graduates and employers, but to stipulate that both parties should conclude labor contracts after graduates report for duty. The differences between the two are as follows:

kind

main body

Function and nature

Main application

laws and regulations

term of validity

settlement of dispute

employment agreement

Graduates, employers, schools

A written statement clarifying the rights and obligations of graduates, employers and schools in graduate employment. Establishing labor relations is an "agreement".

Interim Provisions on the Employment of College Graduates promulgated by the Ministry of Education,

From the date of signing the contract until the graduates report to the unit and the employer officially accepts it, it will be automatically suspended.

The dispute settlement institution is uncertain.

labour contract

Graduates and employers

What kind of job graduates are engaged in, what kind of treatment they enjoy and the legal basis for their relevant rights and obligations after taking up their posts. Belonging to the establishment of labor relations.

Civil law and labor law

It is determined through consultation between graduates and employers.

Labor arbitration institution

19. Under what circumstances do you not sign an employment agreement?

A: The recommendation form, household registration index and employment agreement are an organic whole. If the employer does not solve the household registration, it will not sign an employment agreement.

20. What is flexible employment? What if you find a work unit and sign a labor contract, but you can't sign an employment agreement?

Answer: If the graduates already have jobs, but the employer does not sign a tripartite agreement, does not formally accept the graduates' household registration and file relationship, or the graduates themselves do not want to sign employment agreements for the time being (or will soon implement such jobs), there is only a labor relationship between the employer and the graduates (commonly known as "part-time"), which belongs to flexible employment.

According to China's current management regulations, graduates will be issued with an "employment registration card" after signing an employment agreement, and they will only have the status of cadres after reporting to the employer with the employment registration card, otherwise they will be social mobility and will not have the status of cadres.

According to the current personnel management system, the receiving unit is responsible for the trainee assessment and grading of professional and technical positions for graduates who take part in the work for the first time. The probation period for undergraduates is one year, and that for postgraduates is three months. The first year after graduation is a very important period for graduates, so it is best to find a unit that can formally accept graduates. Or, transfer the file account back to the original place in time, so that you can go through various personnel procedures such as paying various social insurances, calculating the length of service, and evaluating professional titles. Graduates with flexible employment can apply to the Personnel Bureau of their place of origin for transfer, and the Personnel Bureau is responsible for the relevant personnel procedures such as regularization, grading, social insurance management, and job title evaluation. At the same time, it provides a copy of the labor contract or a receipt certificate issued by the unit to all departments and obtains a registration certificate.

2 1. How do students with flexible employment get the registration card? How to handle the file account?

Students with flexible employment can get a registration card by transferring their household registration files to their home provinces. According to relevant policies, household registration files cannot be separated, so files should be returned to their original places with household registration, and can be transferred to work units or talent service institutions designated by work units after one year.

Because different regions have different policies to receive the household registration files of unemployed students in their own regions, students with flexible employment should consult their origin on the following contents:

Name of reporting unit

File forwarding address

Household registration address

22. If an employment agreement cannot be signed with the employer, only a labor contract will be signed, and the household registration will not be transferred back to the place of origin. What will happen if there is no registration card?

A: The employment agreement is the basis for the school to send graduates. If a graduate does not sign an employment agreement, but only signs a labor contract with the unit, then the graduate's files, registered permanent residence and other personnel relations cannot be directly transferred from the school to the employer, and the graduate can only be regarded as working in the unit, and can't handle all matters related to registered permanent residence and files, such as probation appraisal, regularization, calculation length and insurance.

23. What is a personnel agency?

A: Personnel agency is a new personnel management system in the development of market economy. Specifically, the personnel agency refers to the personnel flow service agency affiliated to the personnel administrative department of the government. According to the relevant national personnel policies and regulations, accept the entrustment of the employing unit or individual, and implement centralized, standardized and unified socialized management and series of services for its personnel business in the form of socialized services to solve the problems encountered by the entrusted unit or individual. Personnel agents can handle file management, file salary promotion, qualification review, job title evaluation, social insurance, etc.

24. What is talent dispatch?

A: Talent dispatch, also known as "talent leasing", is a new way for employers to lease talents through talent service agencies according to their work needs, and it is also a comprehensive and high-level personnel agency service. Talent service institutions regulate the rights and obligations of the three parties during the dispatch period by signing talent dispatch (lease) agreements and labor contracts with employers and dispatched personnel respectively. According to the agreement, the talent service agency signed a talent dispatch (lease) agreement with the employer to be responsible for the personnel and salary management of the dispatched personnel. The employer only takes care of the employment and pays the dispatch (lease) fee to the talent service organization. Talent service agencies sign labor contracts with dispatched employees to form labor relations. Talent service agencies pay the wages of dispatched employees and handle various social insurances. The employing unit signs an employment agreement with the dispatched workers, who are subject to the labor management of the employing unit and have no personnel affiliation with the employing unit.

25. What are the advantages of handling personnel agency for fresh graduates?

Answer: For graduates, handling personnel agency should first solve the problem of settling down, and then ensure that their legitimate rights and interests, due social and political treatment and personnel services are guaranteed no matter what type of units (including private, foreign-funded and private enterprises) they work in, such as retaining their cadre status, grading after graduation, continuous service, file salary increase stipulated by the state, job title evaluation, overseas policy, party-mass management, and handling social insurance.

26. Where should I handle the custody of files and accounts?

Students with flexible employment need to transfer their files and accounts back to their original places in time after graduation. It is suggested to find a talent exchange center with personnel agency service. The work unit is at the city and county level, and it is recommended that the files and accounts be entrusted to the talent exchange service center under the personnel department at the corresponding city and county level. The unit belongs to a municipal enterprise, so it is recommended to go through the custody procedures at the talent exchange service center. If the work unit is a subordinate unit, it is recommended to go through the custody formalities at the district talent exchange service center. Of course, many units have long-term fixed custody business with a talent exchange service center. At this time, graduates who have just joined the work must of course obey the unified arrangement of the unit.

27. What is the difference between keeping files in schools and keeping files in talent exchange service centers?

A: The talent exchange service center can provide personnel agency services for the custodians of files and accounts, but it does not provide them when staying at school. Staying in school only ensures that files and accounts will not be lost. For graduates who can work in a short time, it may be more convenient to put their file accounts in the talent exchange service center when handling various employment registration procedures. If it is placed in the school, because the seal of the employment agreement and the management of household registration and files are not in the same department, it may bring a lot of inconvenience if registered permanent residence and file transfer procedures are needed, relevant certificates are issued or files are consulted by the employer in holidays. According to the situation in previous years, the recruitment of civil servants at the city and county levels and the selection of Selected Graduates require registration with the employment registration certificate of graduates, and at the same time, they should consult the files (political examination). In the second employment recommendation, the personnel department often refuses to provide you with employment recommendation on the grounds that "the files are not coming back, so how can I recommend them to you?" Moreover, it is not easy to keep a file account at school now, and the school is not qualified to issue any relevant certificates to students who have graduated.

28. How to go through the formalities of studying abroad?

A: Graduates who want to go through the formalities of studying abroad before graduation should apply to the school for non-employment and properly arrange their accounts and files. Graduates should fill in the Application Form for Graduates of Beijing Normal University to Study Abroad (Leave the Country) and Not Participate in Employment. In the application form for non-employment, they should indicate the detailed moving address of their files and accounts.

There are two ways to handle general files and accounts:

① Move the files and accounts back to the place where the family is located, or the talent agency where the family is located;

(2) Leave the files in institutions that serve international students (such as the International Student Archives of the Service Center for Overseas Students of the Ministry of Education, address: beijing language and culture university Hospital, Xueyuan Road 15, Haidian District, Beijing). Only those who have obtained a tourist visa abroad can go through the relevant formalities within the specified time. Please consult the Service Center for Overseas Students of the Ministry of Education for specific policies, which shall be subject to the announcement made by the state that year.

29. How can I find a job if I fail to study abroad?

A: Graduates who fail to make it abroad have jobs in Beijing before September 3 1 of that year, and can also be sent back to their original places for employment after September 3 1.

Graduates who go abroad after signing the employment agreement shall be issued by the employer with written materials to terminate the employment agreement.

30. What are the regulations for the employment of graduates trained by orientation or entrustment?

A: Graduates entrusted by the orientation are employed in strict accordance with the agreement at the time of admission. If I have terminated the agreement with the original unit and found a new unit, I shall go through the transfer procedures for changing the working relationship between the new and old units. The school will issue registration cards sent to the original unit in strict accordance with the students' information, and send their study files to the original unit in order to avoid unnecessary disputes.

3 1. How do graduates find jobs?

A: In principle, the graduate school is not responsible for employment, but before the unified dispatch (that is, before graduation), the school can recommend or recommend employment to the employer. If you find a work unit, you can send it, but you should indicate "graduation" on the registration card.

32. How do school dropouts find jobs?

A: Students who have not studied in universities are awarded college diplomas by the universities, and the state is not responsible for their employment dispatch. And transfer their files and accounts back to their original places for self-employment.

33. How do sick graduates find jobs?

A: Before graduation dispatch, the school will conduct health examination for graduates. If they can't stick to their daily work, let them go home to recuperate. Those who are cured within one year (must have a hospital at or above the county level designated by the school to prove that they can adhere to normal workers) can go through employment procedures with the next graduates; One year later, if it is still not cured or accepted by useless units, the household registration relationship and archival materials will be transferred to the place where the family is located and self-employed.

34. After the graduates report for duty, can they go back to school because they can't stick to their normal work due to illness?

A: If the employer needs to have a separate physical examination for graduates, it should arrange it before signing the tripartite agreement, otherwise the school physical examination will prevail. Graduates who can't stick to their normal work due to illness after reporting for duty shall be handled in accordance with the relevant regulations of on-the-job personnel, and the unit shall not return the sick graduates after entering the job to the school.

35. Can graduates who continue their further studies be employed with the next graduates?

A: According to the relevant regulations, students who continue their studies do not have formal school status and cannot enjoy other rights beyond the regulations. In other words, continuing education is the opportunity provided by the school for students to continue their studies and help them get diplomas and degree certificates. Graduates who continue their studies cannot be employed with the next graduates.

36. What is an Employment Registration Card? What's the use of a registration card?

A: The Employment Registration Certificate is a certificate issued by the Beijing Municipal Education Commission according to the employment agreement and other materials, and it is an important certificate for graduates to register for employment. Its function has at least the following six points:

(1) The registration card is a certificate officially issued by the education department to graduates;

The registration card is the certificate for graduates to report to the employer;

The registration card is an important written proof that the employer accepts graduates;

(4) The registration card is a certificate for any legal talent center or file management institution to receive graduates' files;

(5) The registration card is an important certificate and basis for the employer to settle down and receive files for graduates;

⑥ It is the cadre identity certificate of graduates.

37. What happens if there is no registration card?

A: Students are used to calling the registration card "dispatch card". Registration card in duplicate. The first copy is collected by the graduates themselves and reported to the employer, and the second copy is loaded into the graduates' files.

If there is no registration card, graduates will lose their cadre status and become social workers (worker establishment); Moreover, the talent center cannot receive graduates' files.

I still have to say a few words about the identity of cadres. According to China's current personnel management regulations, the Personnel Bureau is in charge of cadres (files are generally placed in talent centers) and the Labor and Social Security Bureau is in charge of workers (files are generally placed in employment agencies). Although the two tend to be merged into the management of the Labor and Personnel Bureau, they are still classified in the operation of talent management and will not be unified for a long time. This is determined by China's unique history, social status and human resources structure.

38. After Beijing Shengyuan graduates implemented their work units, where did their household registration move?

A: Generally, students from Beijing do not move into schools, so there is no problem of household registration transfer. For graduates whose household registration has moved into the school when they enter school, their household registration should be moved out when they graduate.

Beijing Shengyuan graduates move to different addresses according to different situations after implementing their work units:

(1) Implement the work unit in Beijing and move the household registration back to the family's pre-school residence;

(2) Implement the work unit outside Beijing and move the household registration to the place where the unit is located;

(3) If I work in the western region, I can move my registered permanent residence back to my home before I entered school, without moving out.

39. If the graduates of Beijing Shengyuan have not yet completed their work units when they graduate, where should the files be kept? What are the specific rules?

Answer: The files of Beijing fresh graduates (hereinafter referred to as "Beijing to be separated") who have not implemented the unit will be handed over by the school to the Beijing College Graduates Employment Guidance Center (hereinafter referred to as the Center) for safekeeping when the school sends them in a unified way.

During the filing period of Beijing graduates in the "center", the "center" provides them with employment services, and graduates can continue to implement employment units. Graduates go through the employment registration formalities at the Center with the signed employment agreement, and the Center will hand over the files to the receiving unit. During the filing period of "Center", the department undertakes the political examination of studying abroad, applying for graduate students, and issuing relevant certificates recorded in other files.

40. What are the procedures for graduates who have not worked in Beijing to settle down? What is the specific settlement procedure?

A: Generally, students from Beijing do not move into schools, so there is no problem of household registration transfer. For graduates whose registered permanent residence has moved into the school when they enter school, they should move out their registered permanent residence when they graduate: Beijing students who are going to be separated should get their registered permanent residence cards when they leave school, and registered permanent residence, a Beijing student, will prove that their registered permanent residence will be transferred back to the place where they registered permanent residence before entering school with their registered permanent residence cards and certificates.

4 1. How should graduates from Beijing who have not implemented their jobs after graduation go through the employment formalities if they find a new work unit?

A: When you graduate from Beijing, you will transfer the files to the Beijing Employment Guidance Center for College Graduates. If you find a work unit in the future, the procedures for employment procedures are as follows:

(1) Sign an employment agreement with the employer (referring to a tripartite agreement);

② Go back to school and sign employment agreements with colleges and employment guidance centers;

③ Take the signed employment agreement, the company's transfer letter and my ID card to the Beijing College Graduates Employment Guidance Center to get the registration card and go through the file transfer procedures.

42. How do foreign students who stay in Beijing go through the formalities of settling down after graduation from their units in Beijing?

A: The procedures for graduates from Beijing to stay and settle in Beijing are complicated, but they are mainly handled by the personnel department of the employer, so I won't go into details here. Graduates can wait for good news as long as they report on time according to the date on the employment registration card and hand over the registration card and household registration card (household registration card) to the employer. Some units may also require graduates to provide other materials, as long as they do it according to the requirements of the unit.

43. How to forward the graduates' files? What procedures do I need to go through if I want to bring files to the unit for registration?

A: The graduate files are handed over by the school. Employment, to participate in the postgraduate entrance examination (re-examination), to go abroad, back to the province to participate in the secondary distribution of graduates files to be sent to the relevant units. According to the current regulations, graduates' files are sent by Beijing Secrecy Bureau in principle. Graduates should provide detailed address, postal code, contact person, etc. When signing employment agreement, notice of admission to postgraduate entrance examination, application for going abroad and secondary distribution. After the graduates leave school, the school will send their files to the relevant units through the Beijing Secrecy Bureau according to the addresses provided by the graduates themselves.

It should be noted that the sending address of the document should be filled in the manual, and the format of "address+company name" is generally adopted, for example, No.2 Yanzishan Road, Jinan City, Shandong Province.

Shandong Provincial Department of Personnel Graduate Employment Office.

Graduates who request to bring files to the unit for registration need the unit to issue a file transfer letter, indicating the unit receiving files, and clearly indicating that the graduates themselves are responsible for bringing files to the unit.

44. What is "dispatch"?

A: A term left over from history when sending graduates refers to the files and accounts that the school sends graduates after graduation. According to their various destinations such as postgraduate entrance examination, study abroad, employment and non-employment, they will go to relevant units in accordance with the prescribed procedures, thus completing the relationship transfer of graduates.

45. What are the school rules for breach of contract?

A: Graduates and contract signing parties should keep their promises, consciously maintain the employment order of graduates, and strictly abide by the relevant state regulations and school employment policies. If there are special circumstances that need to be changed, it is necessary to obtain the written consent and understanding of both parties, and the agreement can only be changed after the consent of the college and the employment guidance center. The party proposing the change shall bear the liability for breach of contract. In principle, breach of contract needs to control the flow of employment and cannot be employed in Beijing.

46. How do graduates go through the formalities of breach of contract?

A: Graduates should carefully consider signing contracts. If they really want to break the contract, they should negotiate with the original contractor and properly handle the disputes caused by the breach of contract. After the graduates reach an agreement with the original contracting unit, the graduates themselves apply to the school employment guidance center, and can sign a contract with the new unit only after approval. The following materials shall be submitted for visa change procedures:

(1) application form for graduates' breach of contract audited by the department;

(2) the original agreement (that is, two agreements between myself and the unit);

(3) the original unit agreed in writing, indicating that the tripartite agreement signed with the graduates is invalid;

4. My visa change application;

(5) the new unit's letter of acceptance.

Incomplete procedures and unclear responsibilities will not be accepted by the school.

47. What is redistribution?

A: Reassignment means that after the school employment plan is reported to the Beijing Municipal Education Commission (autumn graduates are generally in June, and spring graduates are generally in 65438+February), graduates need to change jobs. Must be reassigned within one year after graduation; Changing companies after one year belongs to the flow of on-the-job personnel and will not be redistributed. Reassignment requires submission of relevant materials. After the graduates hand in the reassignment materials, the school applies to the Beijing Municipal Education Commission for reassignment; Only after the approval of the Beijing Municipal Education Commission can schools be redistributed and new registration cards be issued.

48. How do graduates go through the reassignment procedures? What is the time limit?

A: After the graduates are dispatched (or after the deadline for signing the employment agreement), they need to be reassigned if they want to leave their original units and work in new units. Transfer is a matter that should be treated with caution, and its approval process is also very complicated. Graduates are asked to think carefully about their redistribution. If reassignment is really necessary, it shall be settled through consultation with the original work unit and properly handle all kinds of disputes caused by reassignment.

After the graduates reach an agreement with their original work units through consultation, the graduates themselves apply to the employment guidance center of the school, and the school reports the materials needed for reassignment to the Beijing Municipal Education Commission, and can only be reassigned after the approval of the Beijing Municipal Education Commission. The materials required to apply for transfer are:

(1) Original registration card;

(2) Resignation letter of the original work unit (that is, the written consent letter of the original unit, which needs to explain the reasons for breach of contract, indicate that the original agreement is invalid, and agree to the reassignment of graduates);

(3) the admission notice of the new unit (preferably a newly signed tripartite agreement);

(4) application for graduates to change jobs.

The transfer period of graduates is within one year after graduation. That is, the autumn graduates will be redistributed before June 3 1 of the following year. You can't apply for redistribution after expiration.

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