What Is a Third-Party Agreement?

The tripartite agreement is the abbreviation of "Employment Agreement for Graduates and Graduate Students of General Colleges and Universities". It is a written expression that clarifies the rights and duties of graduates, employers and schools in the employment of graduates. A series of related issues such as household registration, archives, insurance, and provident fund.

The tripartite agreement is the

Tripartite employment agreements are different from labor contracts.

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 matters. Before signing a tripartite agreement, college students must carefully check the affiliation of the employer.

Pay attention to four aspects when signing a labor contract:

First, we must clarify the position and position, otherwise, the employer will use the transfer method to pressure the graduates to resign in disguise without paying any economic compensation;

Second, it is necessary to prevent employers from continuously changing their positions and repeatedly extending the probation period, because the same person cannot apply for the same probation period twice, and there is no limit to changing positions. (In fact, this trick is no longer necessary to prevent, according to 2008 The "Labor Contract Law" that came into effect on January 1 can only be agreed once for the same employer and the same worker);

Third, it is necessary to specify the minimum wage standard in the labor contract, and it is best to fix the terms of the year-end bonus as part of the wage. Because China does not have a qualitative year-end award for the time being, this legal gap may be used by employers and will become a way to deduct salary in the future;

Fourth, we must know whether the employer applies for social insurance for employees. If there is no social security, it is equal to the salary minus a lot, and the social security benefits of the state and the unit cannot be enjoyed.

There are six details to be aware of when signing a tripartite agreement:

First , it depends on whether the name of the employer is the same as the valid seal name of the unit. If it is inconsistent, the agreement is invalid. When filling in your own professional name, it must be consistent with the professional name of the school's teaching affairs office. It cannot be abbreviated.

Second , foreign companies, joint ventures, and private companies generally use probation periods. Depending on the length of the contract period, they can range from 1-3 months. The probation period is usually 3 months and cannot exceed 6 months. State organs, universities, and research institutes generally use probationary periods, usually one year.

Third , in order to retain students, many units bind students with high penalties. Students should strive to minimize liquidated damages during negotiation, usually the liquidated damages should not exceed 5,000 yuan. However, the Labor Law stipulates that "for employers who have a duty of confidentiality, the employer may agree with the employee on the restrictions on competition in the labor contract or confidentiality agreement, and stipulate that after the termination or termination of the labor contract, the period of limitation on competition Workers shall be compensated economically on a monthly basis. If a worker violates the stipulations on competition restrictions, he shall pay a liquidated damages to the employer in accordance with the contract. Except in the cases stipulated by the two laws mentioned above, the employer shall not agree with the laborer that the laborer shall bear the breach of contract. Gold. "So students should strive to cancel the penalty clause.

Fourth , the current graduate employment agreement is a "format contract", but the "Remarks" section allows the three parties to agree on their respective rights and obligations. In order to prevent employers from committing one set and making one set, graduates can specify the benefits, such as vacations, housing, insurance, etc., reached before signing the contract in the remarks column. In the event of a dispute, they can maintain their legal rights.

Fifth , in order to improve their own employment rate, many universities now force students to find acquaintances' relatives to sign "false" agreements, which is not good for graduates, and graduates should not give in.

Sixth , when signing the agreement, students should strictly follow the prescribed steps. Wait for the employer to complete the visa application and seal before applying for a seal at the School Employment Guidance Center. Do nt ask for the stamp directly after you fill it out. The consequence of this is that when the unit fills in, the salary and other benefits are very different from the past commitments. However, students are weak because they and the school have signed and stamped. Either accept it adversely, or be forced to compensate the employer for breach of contract.

The tripartite agreement serves as a basis for the national statistics on the employment rate of college students, and is also a proof of the issuance of national dispatch cards. Only after you sign the tripartite agreement and get back to the school, the school will issue a dispatch card to you after you graduate, and you report to the unit where you work with the dispatch card, and start to calculate the working age, and you have

Common labor disputes during the trial period of the tripartite agreement

After the graduates report to the employer, the tripartite agreement is terminated. At this time, the employer will sign a formal labor contract with the employer, which stipulates the probation period, service period, salary and other benefits of the employee in the unit. After the signing of the contract, the two parties formally determined the labor relationship. Among the various agreements mentioned above, the trial period is the most prone to disputes. Therefore, regarding the legal issues of the probation period, graduates are reminded of the following points:

(That is to say: the general sequence is to first sign a tripartite agreement, and then sign a labor contract when reporting, specifying related issues and probationary issues. Also, if the employer refuses during the probationary period or after the trial period, it needs to list the relevant evidence.)

Tripartite Agreement Trial Period

The probation period is an inspection period of no more than six months that is agreed upon for the purpose of mutual understanding and selection after the employer and the laborer have established a labor relationship. According to Article 19 of the Labor Contract Law of the People's Republic of China, the probation period shall not exceed one month if the duration of the labor contract is more than three months and less than one year; the probation period shall not exceed the probation period of one to three years. Two months; for labor contracts with a fixed term of more than three years and without fixed term, the probation period shall not exceed six months. A labor contract with a period of time to complete a certain work task or a labor contract with a period of less than three months shall not agree on a probation period. The same employer and the same worker can only agree on one trial period. The probation period is included in the term of the labor contract. If the labor contract only stipulates a probation period, the probation period does not hold, and this period is the labor contract period.

State organs, universities, medical research institutes, and medical administrative departments adopt the probationary period, which is one year. The probationary period is adopted by enterprises, companies (including foreign companies, joint ventures, and private enterprises). The probationary period is used to establish labor relations with hospitals. For 15 days to 6 months. The probationary period can be extended, and the probationary period cannot be. The probation period is mandatory, and the probation period is agreed by both parties.

Tripartite agreement resigns during probationary period

The reason why the probation period is called probation is that both the employer and the laborer can check whether the other party meets their requirements during this period, and both parties have a relatively free way to terminate the contract. According to the provisions of Article 37 of the Labor Contract Law, the laborer may terminate the labor contract by notifying the employer three days in advance during the probation period.

Some employers have stipulated in the labor contract that the worker shall bear the liability for breach of contract during the probation period, which actually limits the worker's right to terminate. Therefore, this agreement is an act that infringes on the legal rights of the worker. Laws, laws are generally recognized as invalid.

Tripartite agreement dismissal during trial period

According to Article 25 of the Labor Law, if a worker is proved not to meet the employment conditions during the probation period, the employer can terminate the labor contract. The law clearly states that the condition for the employer to terminate the labor contract is that it must provide proof. Prove that the workers did not meet the employment conditions during the probation period. Graduates here should make clear that when the employer requests the termination of the labor contract, the burden of proof lies on the employer, and the worker does not need to provide proof that he meets the employment conditions. ^[1]

The burden of proof undoubtedly limits the arbitrariness of the employer's termination of the labor contract. If the employer does not have evidence to prove that the employee does not meet the employment conditions during the probation period, the employer cannot terminate the labor contract. Otherwise, the employer must bear the termination of the labor contract due to violation of the law. All legal consequences.

Whether the two trial periods of the tripartite agreement are legal

Some employers will agree with workers on the second probation period after the first probation period, which should be treated differently. If the two probation periods before and after are determined in the contract after negotiation between the two parties, then the sum of the two probation periods that exceed the maximum probation period prescribed by law is illegal, and both probation periods are legal.

Tripartite agreement only signing probation period contract and not signing labor contract

After the employee is hired by the employer, both parties can agree on a probation period in the labor contract. The probation period should be included in the labor contract period. The labor contract is a prerequisite for the existence of the probation period. It is not allowed to sign only a probationary contract without a labor contract. The probationary contract signed in this way is invalid, but the invalidity of the "probationary period" contract does not invalidate the protection of workers under the labor law. According to Article 19 of the Labor Contract Law, if the labor contract only stipulates a probation period, the probation period does not hold, and this period is the labor contract period. There are regulations in Beijing: Beijing labor contract management rules: only signing a probation period contract, after the probation period, the employer is unwilling to sign a labor contract, and the worker can reverse it (if the probation period is one month, the contract period is one year , Inferred in accordance with the relevant provisions of the Labor Law on the probation period). In addition, the "Shanghai Labor Contract Regulations" also have special provisions for this.