Can a tripartite agreement be broken?

We know that recent graduates will sign a tripartite agreement now, but many people will want to break the contract after signing the tripartite agreement. The question is whether the tripartite agreement can be broken. What will happen if you break the contract? The following is what I carefully sorted out. Can a tripartite agreement be broken? For reference only, I hope it will help you.

First, can a tripartite agreement be broken?

It is possible to break the contract, but once the fresh graduates break the contract, they will have the following consequences:

The Employment Agreement for College Graduates has legal effect once it is signed by graduates, employers and schools. Either party shall not terminate this agreement without authorization, otherwise the breaching party will pay the liquidated damages paid by the terms of this agreement to the party whose rights are damaged. Judging from the actual situation, most graduates are employed in breach of contract.

In addition to the payment of liability and liquidated damages, there are also provisions on the handling of graduates' breach of contract.

Once a graduate breaches the contract, he must bear the responsibility for breach of contract. After obtaining the consent of the employer and paying the liquidated damages, he can re-sign the contract. When a graduate re-signs a contract, he/she must go to the original signing unit to cancel the contract (there is a written withdrawal letter from the original signing unit and pay the liquidated damages for completion), and then submit the original agreement to the Admissions and Employment Office and replace it with a new agreement.

Second, the details of the default steps

1, get in touch with the unit signed by the three parties, euphemistically express the willingness to break the contract and explain the reasons. I suggest using email to power up. Because the email can be used as written evidence, you have informed the original unit of the situation. Leave good evidence for any possible disputes.

2. Require the original contractor to issue a written letter of refusal to breach the contract.

Remember to stamp the official seal of the unit, because this is effective; In addition, many banks have set up liquidated damages, which will require you to pay before they will give you a letter of cancellation. At this time, you can think of some way to discuss it. In short, it is king to try to get the cancellation letter with the official seal of the unit in this link!

3. Get a written acceptance letter from the new unit.

Pay attention to the signing time of the new unit, and contact the new unit HR in time to understand the current situation. Many students missed the signing of the new unit because the original company did not pay liquidated damages. The written admission notice of the new unit also needs to be stamped with the official seal of the unit, because this is effective.

4. Submit the cancellation letter of the original contracting unit and the receipt letter of the new unit to the relevant department of the school (generally the Admissions and Employment Office) in exchange for a new third party.

Step 5: Take the new third party to the new unit to sign the contract, and then hand over the signed new third party to the school and college.

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 the employer before signing the tripartite agreement. State organs, institutions and state-owned enterprises generally have the right to receive personnel. Private enterprises and foreign trade enterprises need to go through the personnel bureau and the talent exchange center to recruit employees, and they must sign the agreement before it can take effect. Fresh graduates should know something about different personnel departments.

Three. Tripartite agreement signing process

Tripartite agreement, that is, all three parties should participate in the signing, and the signing order: graduate student-unit-school, must not be chaotic.

(1) The school will issue it uniformly, or the graduates will come to the school with the unit admission notice after the work is finalized, in triplicate;

(2) Graduates fill in the information themselves, and don't fill in the wrong information;

(3) Send it to the Employer for sealing;

(4) Back to school, the school fills in and seals;

(5) After this Agreement comes into effect, each party shall hold one copy.

Employment agreement and tripartite agreement

No matter what major you graduated from, mastering the relevant rights and obligations in the labor contract law, such as the conclusion, performance, alteration, termination and dissolution of the contract, can not only require the employer to correct it in time, but also prevent problems before they happen.

In order to fully implement the education policy of the Ministry of Education with social needs as the training goal and employment as the guidance, and to establish a teaching mode of "demand, training, practice and employment" so that graduates can apply what they have learned, Party A and Party B sign this agreement through consultation.

1. Employment Agreement is the abbreviation of National Employment Agreement for College Graduates. It is a written agreement between college graduates and employers to establish an employment relationship within a specified period of time through two-way selection before formally establishing a labor and personnel relationship, and to clarify the rights and obligations of both parties. It is an important evidence for employers to confirm the authenticity and reliability of graduates' relevant information and enroll graduates. It is also an important basis for colleges and universities to manage graduates' employment, prepare employment plans and handle employment settlement procedures. The agreement will be automatically terminated after the graduates report to the unit and the employer formally accepts it. Employment agreements are generally prepared by the Ministry of Education or the competent employment departments of provinces, municipalities and autonomous regions.

Different units have different signing years, please be clear. For liquidated damages, we should strive to minimize them through negotiation. Units with extremely high liquidated damages should carefully sign contracts to avoid binding graduates with high liquidated damages on the grounds of poor conditions.

2. Tripartite Agreement is the abbreviation of Employment Agreement for Graduates and Postgraduates in 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 and provident fund for recent graduates. Graduates report to the unit (with the national employment registration certificate for college graduates or the national graduate registration certificate), and the agreement will be automatically terminated after the employer officially accepts it.

No, the information filled in online is only for registration. What I received in the study was a blank paper version, and all the information had to be filled in again. Finally, the company information is subject to the paper version of the final contract, which will be revised by the staff later.

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.

The school should arrange a physical examination before students graduate, and those who fail will not be sent. If the employer has special requirements for the physical condition of graduates, in principle, a separate physical examination shall be conducted before signing the agreement, otherwise the school physical examination shall prevail.

For example, many people work in banks, but they are not employees of banks, because they sign tripartite contracts. A formal contract means that there are only two parties to the contract, one is you and the other is the bank. A tripartite contract means that there are three parties in the contract, one is you, the other is the human resources company and the other is the bank. There is also a tripartite contract in which there are only two parties, one is you and the other is the human resources company.

The payment of five insurances and one gold is also a place we need to pay attention to. For example, some companies only pay five insurances (social security, medical insurance, unemployment insurance, old-age insurance, industrial injury insurance) and do not pay provident fund. There are also some companies that only pay five insurances and one gold according to the most basic salary standard, rather than paying in full according to the salary. These are also what we need to know before signing the contract.

Matters needing attention in signing tripartite agreement

First of all, it depends on 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 in the negotiation, usually not exceeding 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 very different from what it promised in the past. However, students can't go back to heaven because they and the school have signed and sealed. Either accept resignation or be forced to compensate the employer for breach of contract.

Internship agreement and tripartite agreement are two concepts.

The effect of internship agreement is similar to that of labor contract, which clarifies the labor relationship between the two parties. If you graduate and are a member of the public, the company will sign a labor contract with you, but you should not have graduated yet, so the company will sign an internship agreement with you. The general internship agreement will specify your labor fee and position, as well as other personnel agreements between the two parties.

Tripartite agreement linked to dispatch certificate. If the company has signed a tripartite agreement with you, it means that you have been admitted as a graduate, your dispatch certificate will be sent to the company, and your personnel file will be received at the same time. After one year's work, the company will give you a formal grading procedure, and officially change from student status to cadre status.

Tripartite Agreement is the abbreviation of Employment Agreement for Graduates and Postgraduates in 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 and provident fund for recent graduates.

Graduates report to the unit (with the national employment registration certificate for college graduates or the national graduate registration certificate), and the agreement will be automatically terminated after the employer officially accepts it. This is a formal agreement signed by fresh graduates with units and schools, which has strong binding force on units, schools and individuals, and is also a formal signing form.

After the graduates report to the company, they also need to sign an employment contract with the company, which is the labor contract mentioned below. A labor contract is a legal document that records the rights and obligations between us and the employer and determines the labor relationship.

Generally, those who sign the tripartite agreement will definitely sign (or have already signed) the internship agreement, but those who sign the internship agreement may not sign the tripartite agreement with you. This is related to whether the company will accept you after graduation. If you are a foreign hukou (not Qingdao), signing a tripartite agreement is equivalent to receiving your file and hukou, and it depends on whether this company has a quota for you to settle down.

Only signed a tripartite agreement. How much is the breach of contract?

The liquidated damages of the tripartite agreement depend on the contract. If the liquidated damages agreed in the contract are too high, you can ask for a reduction. If the penalty is higher than 30% of the actual loss, it is considered too high.

What should I pay attention to when signing a tripartite agreement?

As the tripartite agreement is the first step of college students' employment and the most prone to disputes, the legal issues related to the tripartite agreement are explained first.

Tripartite agreement is an intentional agreement signed between the school and graduates and employers. It has legal effect, but it cannot replace the labor contract. Students should correctly understand and use the tripartite agreement from four aspects:

One is uniqueness, that is, graduates are not allowed to hold multiple tripartite agreements. If a student has signed multiple tripartite agreements, in case of conflict, the first agreement shall prevail.

Second, the term of legal effect, the legal effect of the tripartite agreement is terminated after the graduates report to the employer.

Third, the liquidated damages in the tripartite agreement must be agreed by the graduates after consultation with the employer, and the amount of liquidated damages must comply with the relevant regulations of the employer's location; The tripartite agreement signed after 2008 shall not involve punitive liquidated damages and other matters.

Fourth, the remarks column, graduates should try to put the commitments of the unit, such as vacation, housing subsidies, account settlement, insurance and other commitments in the remarks column clearly. The reality is that more than 90% of the tripartite agreements in the remarks column are blank.

In addition, it is pointed out that among the three parties involved in the tripartite agreement, the employer and the graduate are the two parties who really perform their responsibilities and rights, and the school is only a witness and does not bear any responsibility.

What is a tripartite agreement?

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.

Can the tripartite agreement of graduates break the contract?

Tripartite agreement is the abbreviation of "Employment Agreement for College Graduates". When recruiting fresh graduates on campus, the rights and obligations of graduates, employers and schools in the employment of graduates should be clearly defined in writing, and a series of related problems such as household registration, archives, insurance and provident fund can be solved for fresh graduates. The agreement will be automatically terminated after the graduates report to the unit and the employer formally accepts it.

Once the tripartite agreement between graduates, employers and schools is signed, it has legal effect, and neither party may dissolve it without authorization, otherwise the breaching party shall pay the liquidated damages stipulated in the terms of the agreement to the party whose rights are damaged. Judging from the actual situation, employment default is mostly for graduates. Can the tripartite agreement of graduates break the contract?

It's not that a tripartite agreement is not allowed to break the contract. To break the tripartite agreement, the following two steps must be completed:

First of all, you have to issue an application for termination and give it to the original unit, and then get back the employment agreement you signed with it from the original unit. Of course, the money will definitely not come back if you break the contract.

Second, take the employment agreement you kept and the employment agreement returned to you by the original unit, go to the school employment distribution department, ask the agreement to be invalid, and change to a new blank agreement, and you can sign a contract with the new unit. Generally speaking, in order to prevent students from breaking the contract frequently, schools may also charge a part of liquidated damages, but the amount is not large.

However, in order to retain graduates, many units have agreed on high liquidated damages to restrain graduates. Many graduates don't understand the connotation of employment agreement. Some graduates hastily signed the contract with a perfunctory attitude in order to complete the tasks arranged by the school, and once there is a dispute, they will regret it. I would like to remind all graduates that they must be cautious when signing employment agreements, fully consider their own employment direction and future career development plans, and carefully decide whether to sign contracts. When signing a contract, graduates should negotiate with the employer to minimize the liquidated damages, the amount of which should not exceed one month's salary. The tripartite agreement is legally binding, and the penalty clause in the agreement is valid. Graduates who break the contract without reason should bear the responsibility for breach of contract, which may affect the integrity record of graduates. In the event of a dispute, it is best for graduates to negotiate with the employer to minimize the loss of the other party.

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