Offer and contract

First, sign a contract.

Generally speaking, there are two kinds of signing contracts: signing an offer and signing a tripartite agreement. Among them, the former is far less binding on individuals and enterprises than the latter. The following are introduced separately.

1, sign an offer

Offer is generally the employment intention provided by the company to you. It is provided to you in the form of a contract, requiring your signature, indicating that you accept the employment intention of the other party and are willing to work in the company. Therefore, this is actually equivalent to a contract signed by an individual and an enterprise.

Generally, this form is more common in foreign companies. In addition, those units that don't give hukou will generally sign such an offer with you, and then sign a labor contract after you officially work. I want to remind you that before signing the offer, you should know the following points:

(1) The function of quotation

The Offer is the employment intention signed by you and the company, which does not involve the school, so it is not binding on you or the company. This means you can not go at any time, and the company can not want you at any time.

Therefore, if you really want to go to this company, you must sign a tripartite agreement with them, so as to ensure that you will be hired. Wen Ku. BLL。 If this company refuses to sign a tripartite agreement with you and only signs an offer, it means that it can't help you settle down. This situation is more common in enterprises in Beijing and Shanghai. Because of the limitation of household registration index, many units really can't help you settle down or receive your files, so they can't sign a tripartite agreement with you, only one offer can be signed.

In this case, you will face two choices: either, find a unit to link the account with the file before graduation, that is, sign a tripartite contract with this unit; Or, when you graduate, your household registration and files will go back to your hometown.

In either case, the result is the same: after graduation, your account and file will stay at the affiliated unit or go back to your hometown, and then sign a formal labor contract with the company that signed the offer before, and go to work. In both cases, you work as a foreigner in Beijing or Shanghai. In other words, you don't belong to this city, and you are no different from migrant workers.

(2) Is it a breach of contract not to go to this company after signing the offer? Do I need to pay liquidated damages?

A: Yes. Although the offer is not a tripartite agreement, it is actually an informal contract signed between you and the company. Therefore, if the liquidated damages are agreed in the offer, then when you don't go, even if you break the contract, you still have to pay the liquidated damages.

Please pay attention to this. If you violate the offer, you also need to pay liquidated damages, if there are provisions on it. If there is no liquidated damages in the offer, then under normal circumstances, there is no need to pay liquidated damages. But at this time, you are damaging your personal reputation.

Therefore, be careful when signing an offer. In short, in most cases, signing an offer does not prevent you from looking for other jobs, but it does not mean that it is not binding on you. So before signing the offer, you must think clearly: can you accept the treatment and work place provided by this offer? If it is not acceptable, then it is recommended not to sign.

2. Signing three parties

This is a formal agreement signed by fresh graduates with institutions and schools, which has a strong binding force on institutions, schools and individuals, and is also a formal signing form. This process involves many factors, which are introduced to you one by one below.

First of all, before signing the contract, you must know the following information from HR or others:

(1) account

Make it clear, what unit is this? Guarantee to solve the account? 、? Find a way to solve the account? 、? No guarantee to solve the account? Or? Regardless of the account? . This is very important, especially for students who have already applied for Beijing and Shanghai. Because Beijing and Shanghai have strict requirements for double foreign cards, it is very important for the employer to solve your account.

Generally speaking, most state-owned enterprises, institutions, research institutes and civil servants have the ability to solve the Beijing hukou. However, except for civil servants, everyone else should ask clearly.

The ability of foreign enterprises and private enterprises to solve hukou is much worse than that of previous units, but different units are also very different, such as IBM and Huawei, which can get a lot of places every year. Therefore, for these units, it is more important to ask clearly how likely it is to solve the hukou.

As for the importance of hukou, what's the use? It has been discussed countless times on the internet. I can only say: if you think it is important, it is important; If you think it's not important, then it's not important. Personally, I think it is very important, because if you want to develop in a city for a long time, the role of hukou is very great.

Take Beijing as an example: If you don't have a Beijing hukou, when you want to change jobs, you will find that the units you can choose are very limited, because many units often require Beijing students and Beijing hukou when recruiting people. Without a Beijing hukou, you can't take the Beijing Civil Service Examination.

This is the direct impact of hukou. In the long run, marriage, going abroad, children's schooling, business contacts and other aspects will be affected. Of course, if you want to go abroad in the future, or don't want to stay in Beijing and Shanghai often, then the hukou may not matter.

If you don't get an account as a fresh student, there are four ways to get an account:

& lt 1 & gt； Buy an account. Many people on the Internet say that you can buy a Beijing hukou in 3W, but it's far from that simple. You must be a fresh graduate, have a very reliable relationship, and get an account through a very reliable way to ensure that you will not be cheated. In addition, judging from the settlement situation in Beijing, it is very difficult to buy an account.

& lt2> stayed in Beijing and Shanghai for several years, and then opened an account according to the introduction of high-tech talents. This method is so difficult that you can hardly count on it.

& lt3> Marry a local. This is the most direct way. The advantage is that your next generation can become Beijingers and Shanghainese. However, if you want to transfer your own account, it will take several years to meet certain conditions and go through certain procedures.

& lt4> Continue to take the exam (PhD). In other words, if you continue to study, when you graduate, you will try to get an account as a fresh graduate. At that time, you will still face the problem of settling down, and the household registration policy will inevitably be unpredictable. So for most people, if they want to get a Beijing or Shanghai hukou, they basically have only one chance to graduate. This, please think it over for students who are looking for a job.

If the employer guarantees to solve your account, of course, it is best. However, if the employer does not solve the account, then remember: you must never sign a tripartite agreement with it. Some units that take your tripartite account regardless of the account are extremely irresponsible, so be careful to be deceived.

(2) treatment

The part that must be discussed before signing the contract. There are many factors, but remember: don't look at the superficial money, and don't look at the possible income mentioned by HR. It depends on your actual annual income and local consumption level. The treatment mainly includes: salary, bonus, subsidy, welfare, stock (option), insurance and provident fund. Each part should pay attention to the following details:

& lt 1 & gt； Salary: It goes without saying that you must ask whether it is before tax or after tax. In addition, you need to ask how many months it will be sent. For example, the pre-tax salary is 7000, the salary 13 months, and the annual income is 7000* 13=9 1000. Many units have double pay at the end of the year.

& lt2> Bonuses: Bonuses in many companies account for a large part of their income. For example, Lenovo, Baidu and China Airlines all have quarterly awards, year-end awards and project awards.

Different companies have different situations, and the amount of bonuses is different, generally ranging from thousands to tens of thousands. So be sure to ask this clearly, and be sure to ask the minimum amount of bonus you can get.

& lt3> Subsidies: Some units will have various subsidies, such as communication subsidies, housing subsidies and food subsidies. In some units, these subsidies plus a piece of income will be very considerable, so please be clear.

& lt4> Benefits: For some state-owned enterprises and institutions, there are often some benefits, such as holiday expenses, heatstroke prevention and cooling expenses, heating expenses, shopping vouchers, movie tickets, daily necessities and so on. You'd better look inside.

& lt5> Stock: For many companies, stock is a very attractive benefit they provide. Generally speaking, listed companies are unlikely to provide stocks, but some companies that are about to go public are likely to provide stocks. Be sure to look at the opportunity. If there is such a discount, don't miss it.

& lt6> Insurance and Provident Fund: What do you often say? Five insurances and one gold? . Five insurances refer to: endowment insurance, medical insurance, unemployment insurance, personal accident insurance and maternity insurance, and one gold refers to housing accumulation fund.

Enterprises may not refuse to pay for you for any reason, and the ratio between individuals and enterprises is stipulated. But it should be noted that: the payment base.

Many companies have made a big fuss about this. For example, your salary is 5000 yuan, and they use 2000 yuan as the payment base. In other words, they use it to pay you five insurances and one gold at a fixed rate. In this regard, we must pay attention to asking the payment base clearly and don't be cheated.

Some units have a very high proportion of provident fund, so your salary is deducted a lot, which means that the company pays a lot of money, and once you buy a house, the money is your own, so this part of your income can not be ignored. In addition, some units will provide you with supplementary medical insurance, supplementary old-age insurance, supplementary accident insurance, interest-free housing loans or affordable housing. And you have to ask clearly.

(3) Work content

Ask about your specific position, the job content of this position and where the company is. Generally speaking, if it is the core business department of the company, it will be paid more attention and its development prospects will be better. If it is other auxiliary departments, it may not be taken seriously, but it is certainly not absolute.

The key is to see whether your work has technical content, whether it is helpful for improving your personal ability and career, and whether it is helpful for you to change jobs and get promoted.

(4) Overtime/business trip

For some companies, overtime is inevitable, and basically most IT companies have to work overtime. For some positions, frequent business trips are inevitable.

For example: field engineer, HR, sales, etc. For these, you should know in advance and be mentally prepared. If you can't stand long-term overtime and business trips, it is recommended not to sign.

In addition, ask if there is overtime pay for overtime work. The other is travel allowance. Generally speaking, there is no need to spend money on business trips, and many companies will have extra travel subsidies. You should also ask this clearly, because this is your legitimate rights and interests.

(5) Training

For fresh graduates, the company's training system is a very important consideration. If a company has a very good training system, you can quickly grow into an excellent talent in a few years, which will undoubtedly be of great help to your career.

A perfect training system can really improve personal ability in a short time. To some extent, good training is more attractive than generous treatment. Therefore, before signing the contract, be sure to ask what training plans the unit has, and then see if these training plans are helpful for personal growth.

(6) Development opportunities

This is also a very critical factor. In my opinion, when looking for a job, it should be the first factor to consider. Imagine: If there is a good job opportunity, you can directly get in touch with the most cutting-edge and core business, or you can get in touch with the top management of the company, or you can get some very useful customer resources, or you can quickly enter the management in a short time, what are the other factors?

Personally, when considering development opportunities, we should mainly consider three aspects:

& lt 1 & gt； Industry background: It is necessary to comprehensively consider the background and development status of the industry in which the company is located, and more importantly, to accurately predict the development prospects of this industry. Personally, I think it is best to choose an industry that is in a rapid development stage.

& lt2> company background: We should consider the company's position in the industry, current development, business performance and future development expectations. Personally, I think it is best to choose a company that is in a rapid development stage.

& lt3> Personal Opportunities: It depends on the position of your department in the company, the promotion opportunities and development prospects of your position. In short, the more important the department, the better, the fewer people and the more opportunities.

(7) Signing period and liquidated damages

General companies sign for 3 years, some sign for 5 years, and some sign for 1 year. In addition, some companies still have a confidentiality period, and some companies will sign a non-competition contract with you. Different companies have different situations.

At the same time, there will also be relevant provisions on liquidated damages. Generally speaking, if the liquidated damages are particularly high, it is necessary to sign the contract carefully, because it is likely that the unit is not good and can't keep people, so it will be bound by high liquidated damages. However, the state has stipulated that the upper limit of liquidated damages cannot exceed xx months' personal salary. If the company dismisses you during this period, you will get compensation of N+2 months' salary.

For example, if you sign a three-year contract with the company, both parties agree that the company's liquidated damages will be N+2. Suppose the company dismisses you in the second year, that is, if you have worked in the company for one year, you will get compensation of 1+2=3 months' salary, and if you have worked for less than one year, it will be counted as one year. During the probation period, neither party shall be liable for breach of contract.

(8) Three-party liquidated damages

Tripartite liquidated damages are different from the liquidated damages in labor contracts. Just limit your behavior before reporting to the company, so you should also know the liquidated damages of the three parties. Never take the initiative to ask, the general company will take the initiative to tell you when signing the contract, and then write it in the remarks column of the tripartite agreement. Some companies don't want liquidated damages.

(9) Company reputation

This is also very important, and we should inquire through other channels. Specifically, you can search online for comments about this company, or you can ask your brothers, sisters or other acquaintances who work in it to find out what you think of this company. If most people have negative comments on this company, it is recommended to think carefully. Next, when formally signing a tripartite agreement with the company, we should pay attention to the following matters:

(1) If you really want to go to this company, just fill in the personal opinion column? Agree to work in xxx unit?

(2) If the other party promises to solve the Beijing hukou, you must write this in the remarks column behind the three parties, such as? Xx company promised to solve my Beijing account? This is to safeguard their legitimate rights and interests. Of course, the company will also write it in it? Liquidated damages xxx?

Conclusion: Signing a contract is a very serious matter, which may be the most important thing in your life. Therefore, please take it seriously, get as much information as possible, listen to opinions from all sides and make a rational decision. Don't let yourself regret it at last.

(2) Breach of contract

When there is a contract, there is a breach of contract, which has become a very common phenomenon in the current job hunting situation. Now let's talk about the precautions when breaking the contract.

First of all, once again, signing a contract is a very serious matter and must be taken seriously. Don't sign a contract casually, let alone break it. What it brings is damage to the company, the school and your personal reputation.

At the same time, you may pay a huge price for your breach of contract. Most people are prepared to default for only one reason: they met a better unit. A basic default process is:

1. negotiate with the original unit, accept the original unit's breach of contract, pay the liquidated damages according to the provisions of the tripartite agreement (some units do not accept the liquidated damages), and issue the original unit's rejection letter.

2. Get the admission notice of the new unit.

3. Take the letter of rejection from the original unit and the letter of admission from the new unit to the employment guidance center to get a new third party (sometimes the letter of admission is not needed).

4. Sign a new unit contract with a new third party.

In this process, the key lies in the first step: how to negotiate with the original unit and get the rejection letter. The specific situation varies from unit to unit, and some units may be delayed for a long time. For example, Hua 3 usually doesn't give a refund letter until March. Therefore, if the signing time of the new unit is very tight, and the original unit will not write you a rejection letter soon, the result is likely to be: if both units fail to sign, you will be unemployed.

Therefore, remind students to calculate the cost of default before deciding to default, and think clearly about the following questions:

1. Is the new unit one grade higher than the original unit? Namely: Is it worth breaking the original unit for the new unit? If the two units are similar, it is recommended not to breach the contract.

2. When is the latest deadline for signing the contract given by the new unit? If a breach of contract is filed with the original unit, can it be completed before the deadline for signing the new unit? If you are uncertain, it is recommended not to breach the contract.

3. Did the original unit break the contract successfully before? What's the impact? If most of the previous cases of breach of contract are not smooth, it is recommended not to breach the contract. Among them, the most critical factor is the attitude of the original unit towards your breach of contract. After all, this is a very bad behavior, and this attitude determines whether you can break the contract smoothly, the time it takes to break the contract, and whether you can sign a contract with a new unit in time.

Personal advice:

1, tell the new unit frankly, explain your situation and ask if you can extend the time. The new unit may not accept students who break their contracts, and may not give you more time, so you don't have to bother. Of course, you don't have to say anything, but you must ensure that you can successfully complete the breach of contract with the original unit and take out a new third party before the deadline for signing the new unit. Otherwise, you are likely to face the danger of drawing water with a sieve.

2. Be sure to negotiate with the original unit, be sincere, explain clearly why you broke the contract, and apologize to the other party for your behavior. At the same time, try to reduce the damage to the reputation of the school caused by your breach of contract. Because that company is likely to change its impression of a school because of your breach of contract, the next classmate looking for a job will suffer. Therefore, we must find ways to make up for it.

Usually, you can write a sincere public apology letter; Write a detailed proposal to the unit and put forward some suggestions for the future development of the unit and the recruitment work next year; Recommend some students to the company, hoping to give them a chance. Remember: when you give up the opportunity, don't forget to fight for the opportunity for the classmates around you. Save more RP for yourself.

In short, it is the same sentence: be careful, don't sign and break the contract easily, which will do great harm to everyone. Every decision you make has to bear the corresponding consequences and costs.

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