Are graduates fresh graduates not paying social security?

Freshmen who have not paid social security, who have not participated in the work or failed to pay social security within three years, can also be regarded as freshmen. Those who have not paid social security can resign at any time. It is illegal not to pay social security, and workers can report it to the local labor department.

According to the "Guide to the Registration of the National Civil Service Examination in 2022", graduates of ordinary colleges and universities who are enrolled by the state in a unified way and have not completed their work units when they leave school can be treated as fresh college graduates during their career-choosing period (the state stipulates that the career-choosing period is two years), or graduates who remain in the employment authorities at all levels (graduate employment guidance service centers), talent exchange service institutions at all levels and public employment service institutions at all levels.

① Classification of fresh graduates

Fresh graduates of that year: college students recruited by the state, who are in the last year of study, but are about to graduate but have not yet obtained a diploma, and are in an internship or unemployed state;

Graduates in the career selection period: they have got the diploma, but the time to get the diploma is within the career selection period.

The period of choosing a job stipulated by the state is 2 years, and in some places it is extended to 3 years.

A "career-choosing fresh graduate" must meet the following conditions: obtaining a diploma; Failing to sign any form of labor contract or pay social security records with any unit within the specified employment period; Accounts, files, etc. Stay in the original graduate school or talent market.

(2) The realistic definition of the new identity.

In enterprise recruitment, "fresh graduates" mostly refer to "fresh graduates of the current year", and many employers explicitly require fresh graduates who graduate in 20XX. Most of the "fresh graduates" mentioned in the recruitment announcements of civil servants and institutions include "fresh graduates during their career choices".

This also reminds us that if students want to work in enterprises, they must make good use of the opportunity in the last year of school to find their favorite jobs through campus recruitment. If you are determined to engage in public office, you should also make good use of the status of fresh graduates, and don't sign labor contracts and pay social security at will ~

The importance of the status of fresh graduates.

1, public examination preparation

In the public examination, many recruitment positions are aimed at fresh graduates, and only fresh graduates can apply. As well as Selected Graduates's qualifications, fresh graduates are required to be eligible to participate in the selection. One more restriction can reduce many competitors in the civil service examination. Many candidates who do not have the status of fresh graduates can only apply for three unlimited positions (not limited to majors, academic qualifications and household registration), and the competitive pressure can be imagined.

2. Campus recruitment

The status of fresh graduates is full of advantages in finding jobs. Whether it is a state-owned enterprise, a fortune 500 enterprise or an Internet giant, there will basically be campus recruitment, and it is only for fresh graduates. Compared with social recruitment, campus recruitment is much less difficult. For fresh graduates seeking jobs, participating in campus recruitment is the best choice and the most efficient way to enter some famous enterprises.

3. Talent settlement and graduate subsidies

For the long-term development, many cities hope to retain and introduce talents, and introduce the policy that fresh graduates can settle down directly. Many cities have also implemented postgraduate subsidy policies.

1. What is a tripartite agreement?

Tripartite agreement is an agreement signed through consultation, which clarifies the rights and obligations of graduates, employers and schools where graduates work. The agreement is also the basis for the school to send graduates. Before students leave school, the school will issue graduates' employment registration cards and household registration cards according to the agreement, and forward students' files at the same time.

If graduates do not sign employment agreements, the school will transfer their relationships and files back to their original places. Each graduate has a unique numbering agreement (in triplicate), which implements numbering management.

2. What is the purpose of signing the tripartite agreement?

"Tripartite agreement" is a written form used to clarify the rights and obligations of graduates, employers and schools in graduate employment practice, which can solve a series of related problems such as household registration, archives, insurance and provident fund. (Freshman friends can pay attention to the latest national regulations. After 2023, the state will no longer issue registration cards, and will no longer use registration cards as proof to solve related problems such as settlement. )

3, signed a tripartite agreement, is it still a fresh student?

If you sign a tripartite agreement, but haven't graduated (without using dispatch cards and registration cards) or choose to work in the company within two years without paying social security, you can still count as a fresh student, or you can participate in campus recruitment and apply for civil servants. However, it should be noted that if you breach the contract, you need to bear the related risks such as paying liquidated damages!

4. Does the signing of the tripartite agreement affect the identity of new graduates?

It doesn't matter. Generally, the tripartite agreement will state that "the tripartite agreement will automatically expire after being admitted to civil servants and graduate students". Before signing the agreement, carefully observe whether there is such a clause in the tripartite agreement. If not, it is recommended not to sign casually. In addition, depending on whether there is a termination clause, the employer may need to be compensated when the contract is terminated.

5. After signing the tripartite agreement, Xuexin.com shows non-fresh graduates?

Many students will worry that the signing of the tripartite agreement will affect this year's national and provincial examinations, business plans, and the registration of banks and state-owned enterprises. In fact, it will not affect the situation under normal circumstances. No matter whether you sign a tripartite agreement or other labor contracts, it will not change the fact that you are a fresh graduate of 2022, unless some units specifically require it.

The employment agreement signed by fresh graduates has nothing to do with the identification of "the identity of fresh graduates" by the organization department and the Human Resources and Social Security Bureau. So don't be afraid of the agreement signed before graduation.

6. Signing a tripartite agreement is equivalent to signing a labor contract?

Focus on:

Tripartite Employment Agreement ≠ Formal Labor Contract

7. When will the tripartite agreement be terminated?

The tripartite agreement is only a proof that the fresh graduates have reached a job with their favorite company, so as to prevent the company from going back on its word. The tripartite agreement is only valid before the signing of the labor contract. Graduates report to the unit with the registration card, and it will be automatically terminated after the employer officially accepts it. As soon as the labor contract is signed, the tripartite agreement will be invalid.

Generally, after signing a labor contract, you lose your status as a fresh graduate.

8. When will the status of fresh graduates expire?

Has signed a labor contract, and will lose the status of fresh graduates after paying social security; After the period of choosing a job, whether you find a job or not, the status of fresh graduates is invalid.

9. What is the relationship between social security and the status of fresh graduates?

Having social security records before going to school does not affect the status of fresh graduates: having social security records before going to college generally does not affect the status of fresh graduates after graduating from college; After graduation, I have joined the work and have social security records. When I graduate, it won't affect my graduate status.

Social security records during school affect the identity of fresh graduates: when applying for civil servant-related positions as fresh graduates, they will be required to pay the certificate of "no social security payment record" during the admission process of civil servants.

Note: For students who enter the school for the second time, that is, students who continue to study for full-time degrees after work, they must pay attention to the suspension of social security payment during their enrollment, otherwise it may affect the final judgment of graduate status.

10, are returnees fresh graduates?

The Center for Studying Abroad of the Ministry of Education clearly stipulates that whether the returned overseas students are fresh graduates or not is defined by the employing unit, regardless of the tripartite agreement in the previous year. In other words, whether you can join a company depends on the company's requirements for graduation time.

At present, every enterprise has different requirements for graduation time. It can be said that "1 000 enterprises have 1 000 graduation time settings". Some enterprises have strict restrictions on graduation time, while others are very relaxed, but generally speaking:

Finance: foreign banks and investment banks accept delivery within two or even three years after graduation.

Internet: Generally, you can invest within one year after graduation, such as Tencent, Ali and Baidu.

Fast-moving consumer category: generally, you can vote two years after graduation, and some fast-moving consumer brands accept students who already have work experience.

legal ground

Article 3 of the Labor Contract Law of People's Republic of China (PRC) shall follow the principles of legality, fairness, equality, voluntariness, consensus, honesty and credibility when concluding a labor contract. The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 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.

Article 36 The employing unit and the employee may terminate the labor contract through consultation.