★ How does the tripartite agreement for graduates take effect?
This agreement shall come into effect after being signed or sealed by the three parties, and shall come into effect after meeting the effective conditions agreed in the agreement. To put it simply, you signed a tripartite agreement with the employer, and both the employer and the school sealed it. You also gave a copy of the school to the school, indicating that your tripartite agreement came into effect.
The agreement will be automatically terminated after the graduates report to the unit and the employer formally accepts it.
The tripartite agreement is only the employment intention signed by graduates, employers and schools, not a legal document of labor relations, and is not binding on labor relations. Graduates can only form formal labor relations with employers after they report to the unit and sign labor contracts with the unit or form factual labor relations.
In addition to counting the employment rate, the tripartite agreement also has a function of providing proof for file forwarding.
★ The effectiveness of the tripartite agreement.
If you don't sign, it means it's invalid. If you sign and break the contract, you have to pay liquidated damages.
If you don't pay the liquidated damages, the original unit may not send you a letter of termination, and you can't go back to school to redistribute.
Unable to regain the qualification of fresh graduates. Many employment opportunities will only be given to fresh graduates, and there will be many restrictions on finding a job again.
There is one exception: if you are admitted to graduate school, you don't need compensation. But if it is a simple breach of contract, it is necessary to compensate. The maximum amount of compensation is 5000 yuan.
★ What will happen after signing the tripartite agreement?
Generally speaking, there is no impact, mainly some problems stipulated in the contract. After signing a tripartite agreement, there are two main ways to terminate the contract. First negotiate with the company, get the notice of dismissal, and then go to the school employment center to apply for a new tripartite. Because each student in the three parties has a unique number, it will be more troublesome to do it again. Most companies don't have this right, so they can't cancel it alone.
However, if the company's human resources department does not agree with the solution, there is another way to report to the company within the reporting date of the tripartite agreement, and submit the resignation application directly after signing the labor contract.
Students who take the postgraduate entrance examination and take the public examination need not worry, because there is no tripartite agreement with the company. They only need to report to the local talent market or employment center after graduation, which is where your file is mailed.
★ Is the tripartite agreement a labor contract?
The answer is "no!" .
The tripartite agreement is basically equivalent to a "job intention contract". The purpose of signing tripartite agreement is to urge employers and graduates to conclude labor contracts when they are formally employed. Its biggest feature is that there are more schools between graduates and employers.
The notice of signing the agreement will indicate that "one party must obtain the consent of the other two parties to change the agreement", which is intended to join the supervision of the school, prevent the employer from reducing the salary agreed in advance, and protect the interests of graduates. But for colleges and universities, the tripartite agreement is linked to the employment rate of the school. It is not easy to get back the agreement that has been signed by the three parties and handed over to the school.
All in all, in order to avoid future troubles, the signing of the tripartite agreement must be cautious. Even if you sign it, don't give it to the school in a hurry. When you encounter related problems, don't believe the one-sided words of the employer, and consult more professionals.