The tripartite agreement is an intentional agreement witnessed by the school and signed by graduates and employers. It has legal effect, but it cannot replace the labor contract. In legal nature, it is not bound by law. During the signing of the tripartite agreement, we must not violate China's labor laws and regulations and relevant employment policies. If there is a breach of contract, we will investigate its liability for breach of contract according to the corresponding provisions of the civil law. After the graduates report to the unit and the employer formally accepts the graduates, the tripartite agreement will automatically terminate, and then the unit will sign a formal labor contract with the graduates. Once the labor contract is signed, the employment agreement becomes invalid; Where the contents of the labor contract conflict with the tripartite agreement, the labor contract shall prevail.
Attention should be paid to the following issues when signing a tripartite agreement:
1. When filling in the name of the employer, be sure to pay attention to whether it is consistent with the name on the effective seal of the employer. If not, the agreement is invalid. When students fill in the professional name, it should be consistent with the professional name of the academic affairs office of the school and cannot be abbreviated;
2. Correctly distinguishing the agreement period, probation period and probation period is directly related to the maintenance of graduates' rights and interests.
Tripartite agreement template
Party A: _ _ _ _ _ _ (name of student)
Student number:
ID number:
Contact information:
Party B: _ _ _ _ _ _ (company name)
Unit address:
Contact person:
Contact telephone number:
Party C:
Party A, Party B and Party C have reached a fee agreement on Party C sending Party A to Party B to do the master's thesis. Time: from _ _ _ _ _ _ to _ _ _ _ _ _ _.
I. Rights and obligations of Party A
1. Party A shall consciously abide by Party B's labor discipline and various rules and regulations during Party B's graduation thesis, and sign a confidentiality agreement.
2. Party A regularly reports the progress during the graduation thesis to Party C, and consciously accepts the supervision and management of Party C. ..
3. Party A's work achievements and intellectual property rights involved during Party B's graduation thesis belong to Party B. ..
4. Party A shall abide by Party B's confidentiality requirements, and the papers and articles written during graduation thesis shall be approved by Party B before being made public to other units or individuals other than Party B. ..
5. Before the paper is completed (for whatever reason), Party A shall go through all handover procedures with Party B and return the documents, materials, equipment, other resources and property borrowed from Party B together.
Two. Rights and obligations of Party B
1. Party B shall conduct qualification examination, interview and physical examination for Party A who comes to Party B to make a paper. Only after passing the exam can Party B do the examination paper.
2. During Party A's work, Party B is responsible for making Party A's training plan and teaching supervision. ..
3. Party B is responsible for the daily management of Party A during the graduation thesis.
4. Party B shall pay Party A monthly subsidies (including working lunch, living and accommodation subsidies).
5. In the process of graduation thesis writing, if Party A is incompetent or refuses to obey Party B's work arrangement, Party B shall communicate with Party C in time, clarify the handling opinions and implement them through consultation among the three parties.
6. If Party A violates Party B's relevant management rules and regulations or national laws, causing losses to Party B's personnel or property, Party B has the right to immediately terminate Party A's graduation thesis in Party B and claim compensation from Party A. ..
7. Party B can formally employ Party A in advance according to Party A's work situation.
Three. Rights and obligations of Party C
1. After discussion, Party C sends Party A to do the graduation thesis in Party B to jointly manage Party A with Party B..
2. To ensure the legitimate rights and interests of Party A (including economic rights and interests, personal safety, reputation, etc.). ) are not infringing, and Party C has the right to negotiate and interfere with Party B's unreasonable management methods in the process of writing the thesis, and reserves the right to pursue legal responsibility for Party B's actions that infringe the interests of Party A and Party C. ..
3. During the writing of Party B's thesis, Party C shall be responsible for Party A's medical and other welfare.
Four. other terms
1. Neither party may terminate this agreement without the consent of the other two parties.
2. Any party who violates this contract shall be liable for breach of contract.
3. The provisions on confidentiality, intellectual property rights, liability for breach of contract or compensation, and joint liability in this Agreement shall not become invalid due to the termination or dissolution of this Agreement.
4. All outstanding matters can be settled through negotiation and confirmed by signing a written document, which will be regarded as a part of this agreement.
5. The term of graduation thesis given by Party A to Party B is generally 1 year. It can be extended appropriately according to the progress of the paper, and with the consent of Party B, but the longest extension shall not exceed 18 months.
6. After Party A graduates, the treatment of Party B's workers shall be implemented with reference to the standards for recruiting graduate students in that year. At the same time, Party B shall pay a one-time subsidy to Party A: the total amount of subsidy = the time (month) when the graduate students write their papers at Party B __ 1500 yuan/month. This agreement is made in triplicate, and shall come into effect after being signed and sealed by Party A, Party B and Party C, with each party holding one copy, and the copy is invalid.
Signature of Party A:
Party B (seal)
Party C (seal)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing a tripartite agreement requires the following conditions:
1, get the agreement;
2. Fill in the personal data, and the copy of the agreement is invalid;
3. The employer shall fill in and seal it, and the name of the employer shall not be misspelled;
4. The tripartite agreement takes effect after the other party fills in the information and seals it, and keeps a copy for the record;
5. Check whether the tripartite agreement is correct.
The tripartite agreement shall meet the following conditions:
1, the actor has corresponding capacity for civil conduct;
2. The meaning is true;
3, do not violate the mandatory provisions of laws and administrative regulations, do not violate public order and good customs.