The following questions about the employment agreement are collected and sorted out by PQ. I hope I can help you.

1. What is an employment agreement? What's the role?

The full name of the employment agreement is the National Employment Agreement for Graduates of Colleges and Universities, which is formulated by the College Students Department of the Ministry of Education. According to national regulations, graduates, employers and schools must sign employment agreements after reaching employment intentions. The employment agreement has certain universality and authority, which is the main basis for the school to formulate employment plans and send graduates and employers to apply for employment indicators. The employment agreement is made in quadruplicate, with graduates, employers, colleges and schools holding one copy after signing.

2. What is the signing process of the employment agreement?

(1) Where are the graduates? What about the graduates? Fill in the basic personal information in the column and fill in? Apply for advice? Fill in the column: agree to work in XX (company name), sign it and date it.

(2) Where is the employer? What about the employer? Fill in the complete information in the column, sign the acceptance opinions and affix the official seal of the unit.

(3) After the graduates sign the employment agreement with the employer, they use their registered account and password to log on to the employment information network (). Edit employment agreement? Fill in your own employment agreement information in the column, and then select? Submit? College graduate counselors are responsible for the preliminary examination of online agreement information, and affix the official seal of the school.

(4) Graduates will send the agreement to the service hall of the school career development guidance center for review and affix the special seal for employment of school graduates. After the career development guidance center determines that the online agreement information is correct, it locks the graduates' employment information and keeps an employment agreement. The remaining three employment agreements are kept by graduates themselves, and the other two are given to employers and college counselors respectively.

3. What are the precautions when signing the employment agreement?

(1) The company name must be filled in strictly according to the official seal. If the recruitment official seal of the employer is inconsistent with the actual work unit reported by the graduates due to internal affiliation and other reasons, the employer shall provide supporting materials, explain the reasons, specify the name of the reporting unit and affix the official seal.

(2) If the employer who signed the contract for graduates is a municipal-level employer in Liaoning Province (except state-owned enterprises, central enterprises and employers above the provincial level), it must be in? Opinions of the superior competent department of the employer or the local human resources and social security bureau? The column is stamped with the official seal of the Human Resources and Social Security Bureau.

(3) Students who have signed up to work in other provinces shall implement the documents and relevant regulations issued by the competent department of employment of college graduates in this province (city). Graduates who are employed in Beijing, Tianjin, Shanghai, Guangzhou and Shenzhen need to go through the employment procedures in accordance with the local employment policy for graduates and provide the admission notice issued by the local personnel bureau before they can be sent to the contracting units. If the procedures are incomplete, the registration card of the unit can not be issued for the time being, and can only be sent back to the place of origin.

(4) If the contractor is located in cities other than Beijing, Tianjin, Shanghai, Guangzhou and Shenzhen, and the company does not accept files and accounts (some foreign companies and private enterprises have no right to keep files), the unit must issue a certificate of not accepting files and accounts.

(5) When filling in the detailed address of file forwarding, it should be noted that the file forwarding address of the company with file custody rights should generally be? XX (company name) human resources department (personnel department)? , and attach a detailed address; What is the file forwarding address of the company without file custody? XX (where the unit is located) Personnel Bureau (talent exchange center)? , attach the detailed address. Graduates who have signed contracts in Beijing, Tianjin, Shanghai, Guangzhou, Shenzhen and other places, if the unit refuses to settle down, do not need to fill in the file forwarding address, and send them back to their hometown when they graduate. The files are directly sent back to the graduate employment authorities in the city where the students live (prefecture-level human resources and social security bureau, education bureau). The specific filing time and method shall be subject to the actual filing of archives, generally about one month after graduation.

(6)? Both sides agreed? Does the column need mutual approval? The other party's consent? Fill in the corresponding columns, sign and stamp and date. If the agreement is signed without the consent of the other party, it will lead to unnecessary disputes. Attach another page to the employer's agreement on graduates? What is the graduate employer agreement? Column, if there is a graduate signature identification, is also effective.

4. What's the difference between a letter of intent for employment and an employment agreement?

The employment letter of intent of both parties is not the same as the employment agreement. The employment agreement is a national employment agreement for graduates of ordinary colleges and universities, which is uniformly printed by the Ministry of Education and signed by the school, the employer and the graduates. The employment letters of intent of both parties are usually formulated by the employer itself and signed by the employer and the graduates. Some employers are eager to sign employment letters of intent with graduates in order to ensure their signing intention, but the school will not make employment plans based on this, and graduates still need to sign employment agreements with employers. There are two points worth noting: first, these employers may form the final employment list according to the letter of intent signed by both parties; Second, we must be careful when signing a contract. If both parties violate the letter of intent for employment, they must also bear the liability for breach of contract agreed by both parties.

5. What's the difference between an employment agreement and a labor contract?

(1) The topic is different. The main body of the employment agreement is graduates, employers and schools, among which the main role of graduates and employers is self-evident. As the main body, the school plays a role in maintaining the good order of graduates' employment, protecting the legitimate rights and interests of graduates and employers, and has the role of confirming the authenticity of students' graduation information. The labor contract is signed by the employee and the employer on the principle of equality and voluntariness, and there are only two subjects: the employee and the employer.

(2) The basis is different. The employment agreement is based on the national laws and regulations on the employment of college graduates, and the labor contract is based on the labor contract law.

(3) Content differences. The employment agreement can stipulate the graduates' own situation, employment intention, the employer's consent to receive and the school's brewing and dispatching. In the labor contract, the necessary clauses such as the term of the labor contract, work content, labor protection and working conditions, labor remuneration and labor discipline, contract termination conditions, and liability for breach of contract must be clearly defined according to law. In addition, the two sides can also negotiate other contents, and when a specific matter is involved, local regulations can also prevail.

(4) The signing period is different. Employment agreements are generally signed before students graduate, and labor contracts are generally formally signed at the time of entry.

(5) The effect is different. Employment agreements are only for graduates? Choosing a career? The agreement signed in the process is valid from the date of signing to the time when the graduates report to the employer. The term of validity of a labor contract shall be determined by the employee and the employer through the contract, and both parties shall not change or terminate it at will except under the circumstances stipulated by law. For graduates, after reporting to the employer and signing the labor contract, the original employment agreement will be invalid. From this perspective, the employment agreement cannot replace the labor contract.

To sum up, employment agreement and labor contract are two kinds of written agreements concluded by employers to recruit graduates, which are in two different stages, play different roles and have obvious differences.

6. Why should the employment agreement be finally stamped with the special seal for employment of school graduates?

According to the requirements of the school's signing process, the sealing order of the employment agreement is: the employer signs and seals, the superior competent department of the employer or the local people's social security bureau seals (except for state-owned enterprises, central enterprises and employers above the provincial level), the college seals the school office, and the school career development guidance center seals the special seal for graduates' employment. As a witness of the employment agreement, the school can effectively safeguard the rights and interests of graduates and prevent the employer from unilaterally dissolving the employment agreement from causing damage to graduates. If the school seals before the employer, it may lose control over whether the follow-up unit will perform the contract. Graduates need to be clear about the possible risks of signing the bill and negotiate with the employer seriously.

7. What materials does the employer require the school to stamp first?

In order to simplify the signing process, some employers hope that the school will stamp the employment agreement before mailing it to the unit, and the unit will keep a copy directly after stamping it. Therefore, the following procedures should be followed: the employer issues an admission notice stamped with the official seal of the unit, the career development guidance center keeps a copy of the admission notice, and graduates should indicate it on the copy of the admission notice? Agree to work in * *? And sign for confirmation; Or is the unit uniformly issuing the list of graduates to be hired, and the person in charge of recruitment is in the employment agreement for graduates? Employer's opinion? Sign your name in the employment opinion column and sign it. Graduates should register on the unsigned agreement registration form and confirm their signatures. The Career Development Guidance Center confirms that the employment agreement of graduates is complete, the name of the employer is filled in accurately, and then seals it, and marks the employment information on the employment information website.

8. If both the student and the unit sign the employment agreement, will the agreement come into effect before the school seals it? Should students be liable for breach of contract at this time?

Regardless of whether the school seals or not, as long as the students and the employer reach an intention, the agreement has legal effect, and the relevant breach clauses are binding on both parties. In case of termination, relevant responsibilities shall be performed in accordance with the agreed terms.

9. How to reissue the lost employment agreement?

Graduates log on to the homepage of Northeastern University Employment Information Network to download the employment information area, download the application form for missing items in employment agreement, fill it in completely, and sign and seal it after investigation and verification by counselors and teachers. Students will submit paper materials to the career development guidance center. After the school audit, it will be publicized on the employment information online for 5 working days, and the results of online publicity will be investigated. After confirming that there is no objection to the publicity results, call the students to receive a new employment agreement.

10. After the employment agreement is signed, it is necessary to modify the contents of the agreement due to the change of the name of the employer or the change of the file information of the specific recipient. What should I do?

The employer may issue a certificate explaining the reasons for the change of information in the agreement, indicating the changes and the correct filling method, and affix the official seal of the employer. The school career development guidance center saves the certification materials and modifies the employment information of graduates according to the content of the materials. If the employer needs to re-sign the employment agreement with the graduates according to the updated information, the center can issue a new employment agreement with this certificate and destroy the original employment agreement at the same time.

1 1. What if the graduates break the contract after signing the tripartite agreement?

Graduates shall go through the formalities of breach of contract in the service hall of the school career development guidance center with the original letter of termination and original employment agreement. Every graduate has only one chance to breach the contract. The school issues a new employment agreement for the graduates who breach the contract for the first time, indicating the student number at the top of the home page and affixing the official seal; Graduates who breach the contract for the second time will not be given a new employment agreement. After graduation, send them back to their hometown and report to the graduate employment department of the city where the graduates are located.

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