First of all, it was not found by the school, but by the local education bureau. The inquiry of the Education Bureau is generally based on the corporate telephone number reserved in the tripartite agreement. If the other party says there is such a person, it will not be checked again. This matter is an audit of the school and it is not recommended to stamp it.
The employment of graduates is specifically agreed as follows:
If you find an ideal job after graduation, you can sign a tripartite agreement with enterprises and schools, which can protect the rights and interests of graduates;
For reasons such as postgraduate entrance examination, graduates can apply for archives to stay in school, and will not sign a tripartite agreement for the time being;
Graduates can also sign flexible employment contracts.
Tripartite agreement is the abbreviation of National Employment Agreement for Graduates of Colleges and Universities. It is a written form that clarifies the rights and obligations of graduates, employers and schools in the employment of graduates, and can solve a series of related problems such as household registration, archives, insurance, provident fund, reassignment and so on. The agreement will be automatically terminated after the graduates report to the unit and the employer formally accepts it.
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 contracts. A teacher from the Employment Office of colleges and universities said that college students should carefully check the affiliation of employers before signing a tripartite agreement. State organs, institutions and state-owned enterprises generally have the right to receive personnel. Private enterprises and foreign-funded enterprises need to be approved by the personnel bureau or the talent exchange center to recruit employees, and they must sign the agreement to be effective. Fresh graduates should also have an understanding of the special regulations of local personnel departments.
Tripartite employment agreement is different from labor contract. First of all, the tripartite employment agreement is uniformly printed by the Ministry of Education, mainly to clarify the basic situation and requirements of the three parties. The tripartite employment agreement is formulated according to the national laws and regulations on the employment of college graduates, and the validity period is from the date of signing to the time when the graduates report to the employer. Labor contracts are restricted and protected by labor law and contract law. Some employers, such as many foreign companies, require graduates to sign similar labor contracts when they confirm their employment (note: before reporting to the employer). More employers require to sign an "employment letter of intent" first, and then sign a labor contract after the graduates report for duty. Secondly, the employment agreement is a tripartite contract involving schools, employers and students. The three parties are interrelated and independent. A labor contract is a contract between two parties, which consists of the rights and obligations of both workers and employers. Third, graduates are still students when signing employment agreements, but they should be workers when signing labor contracts. Once the labor contract is signed, the employment agreement becomes invalid. If there is any contradiction between the labor contract and the annex of the tripartite agreement, the labor contract shall prevail.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 458. Possession due to contractual relationship, etc. The use, income and liability for breach of contract of real estate or chattel shall be in accordance with the contract; If the contract is not stipulated or clearly stipulated, it shall be implemented in accordance with relevant laws and regulations. Article 464 A contract is an agreement between civil subjects to establish, change or terminate a civil legal relationship.
Agreements on status relations such as marriage, adoption and guardianship shall be governed by legal provisions on such status relations; If there are no provisions, the provisions of this part can be applied according to their nature. Article 469 The parties may conclude a contract in writing, orally or in other forms.
Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained.
A data message that can tangibly express its content through electronic data interchange, e-mail, etc. , and can be retrieved at any time, are considered in writing. Article 472 An offer is an expression of intention to conclude a contract with another person and shall meet the following conditions:
Specific content;
(2) The offeror is bound by the expression of will by indicating that he has accepted the offer. Article 476 An offer may be revoked, except under any of the following circumstances:
(1) The offeror clearly indicates that the offer is irrevocable by determining the time limit for acceptance or by other means;
(2) The offeree has reason to believe that the offer is irrevocable and has made reasonable preparations for the performance of the contract.