L, a graduate, is usually in CET-4. However, a law firm in Shanghai agreed to accept him. The student didn't understand the relevant regulations for non-Shanghai graduates to stay in Shanghai for employment, and didn't consult the employment department of the school. He thought there were two ways to choose. As long as the employer agrees to accept him, it can directly send him to work in this unit, but refuses to contact the employer M in this province and city. Finally, because the student did not meet the employment conditions in Shanghai, he did not get the approval of the competent department to stay in Shanghai, so L went back to choose.
From this case, we can see that the graduates are not familiar with or fully understand the employment-related policies and regulations, and do not choose employment units according to their own actual conditions, thus missing employment opportunities and affecting the implementation of employment units. Therefore, graduates should fully grasp the current employment norms in order to find their ideal employers.
I. Provisions of the Ministry of Education and relevant ministries and commissions on the employment of graduates
The Ministry of Education is in charge of the employment of national graduates, promulgated on1997 > This regulation is universally binding on universities, graduates and employers all over the country, and it is by far the most systematic and comprehensive employment norm. The content involves all aspects of employment work, and the provisions are more specific and more operable. The regulations clearly stipulate that graduates have the obligation to implement the national employment policy and serve the country as needed; The state takes measures to encourage and guide graduates to find jobs in remote areas, hard industries and other places where talents are badly needed by other countries; The employment activities of graduates shall not affect the normal teaching order of the school and students' study, and the contact work time of graduates shall be arranged from 1 month to May; Supply and demand meetings and two-way selection activities shall not charge students for profit, and shall not affect the normal teaching order of the school and students' learning; Undergraduate and junior college graduates from remote provinces and autonomous regions, as long as they are urgently needed in remote provinces and autonomous regions, will in principle return to the source provinces and autonomous regions for employment; Normal graduates are employed in the education system in principle; Directional students and entrusted students are employed according to the contract; Under the guidance of the national employment policy, school graduates who implement the reform of enrollment integration choose their own jobs within a certain range; Graduate students are employed within the service scope stipulated by the state, and so on. Graduates should make legal and reasonable employment choices based on> requirements.
According to>'s division of responsibilities, other ministries and commissions in the State Council have the right to put forward specific work opinions on the employment of graduates in their own departments according to the relevant national policies and the unified deployment of the Ministry of Education. Relevant ministries and commissions have their own institutions of higher learning, and according to the special circumstances of their own departments and industries, some ministries and commissions stipulate that graduates of their own units should be employed in this system or give priority to meeting the demand for front-line talents in this system. For example, students enrolled in colleges and universities (majors) such as agriculture, forestry, geology, petroleum, public security, transportation, navigation, surveying and mapping, and ethnic groups generally have to choose their own jobs within their own systems and industries. College graduates from ministries and commissions should be familiar with the specific provisions of ministries and commissions on graduate employment.
Two, the local employment authorities on the employment of graduates normative documents.
All provinces, autonomous regions and municipalities directly under the Central Government have issued some normative documents according to local actual conditions to regulate and guide the employment of local graduates. For example, the employment authorities in remote provinces and autonomous regions can make specific provisions on the employment of graduates from this province in other provinces and cities. For example, the Shanghai Municipal Education Commission and the Shanghai University Graduates Employment Office have successively promulgated the Detailed Rules for the Implementation of> by the Ministry of Education, the Measures for the Administration of Employment of Non-Shanghai University Graduates & gt and<& lt and a series of normative documents. For example, regarding employment information, the document stipulates: Shanghai implements a registration system for graduates' demand information, and all employers who need to hire college graduates should go through the registration formalities at the Shanghai College Graduates Employment Guidance Center or the employment department of colleges and universities with the city's e-mail, and all colleges and universities should disclose all the demand information of employers to graduates in time. The recruitment behavior that fails to fulfill the employment information registration system belongs to unfair competition, and schools and relevant government departments have the right to resist it. Regarding the employment of non-Shanghai college graduates in Shanghai, the document stipulates that non-Shanghai college graduates must have excellent academic performance in school, have a bachelor's degree or above, and have a receiving unit in Shanghai. Anyone who meets one of the following conditions may apply for employment in Shanghai:
1, once won the title of outstanding student or student cadre in provinces and cities; 2. It belongs to the major lacking in colleges and universities in this city; 3, the city's key projects, high-tech industries, pillar industries, hard industries are in urgent need of professionals; 4. One or both parents border on Shanghai; 5. One or both parents have moved to Shanghai; 6. There are other special difficulties. At the same time, it is stipulated that if non-Shanghai graduates who are approved to enter Shanghai for employment do not report to the employer, or leave the unit to choose another job without authorization during the probation period after reporting, the employer can make treatment opinions and pursue economic compensation according to the situation, and report in writing to the employment office of college graduates in the city, which will issue an official letter of graduates returning to school, and the school will return its files and household grain relations to the students' places.
Among the local employment authorities' regulations on graduates' employment, there are local regulations on graduates' entry into Beijing, Shenzhen, Qingdao, Guangzhou, etc., in addition to the above-mentioned regulations on students from remote areas leaving the province and staying in Shanghai by non-Shanghai citizens. Some of them are policy regulations on taking care of graduates' parents belonging to a certain branch or one of them has returned to Shanghai and Beijing, and there are other regulations on graduates' academic performance, student status and physical conditions, so graduates can attend this university.
Three, colleges and universities on the implementation of graduate employment measures and rules.
Colleges and universities play a leading role in the employment of graduates. They should not only collect the demand information of employers, but also provide graduates with graduation education and employment guidance, and be responsible for recommending graduates to employers. Therefore, colleges and universities should formulate their implementation methods and detailed rules according to the national employment policy, policies and regulations and the work opinions of the competent departments, combined with the characteristics of schools, majors and work over the years. The content involves employment information collection and management, employment guidance for graduates, ideological education for graduates, reception by employers, recommendation of graduates, signing employment agreements, selection of outstanding graduates, series of activities for graduates, dispatch of graduates leaving school, employment incentives and disciplinary treatment. The implementation measures and detailed rules formulated by the school shall generally be reported to the competent department for the record. Because the methods and detailed rules formulated by the school are more direct to the adaptability of graduates, graduates should strictly abide by the relevant regulations of the school on graduate employment in the process of employment to ensure the orderly and normal employment of the school.
Four, laws and regulations related to the employment of graduates
It should be said that the laws and regulations that are most closely related to the employment of graduates are>,<& lt;; Wait a minute.
The essence of graduate employment is that graduates and employers determine the whereabouts of graduates through two-way choice. Once the graduate is accepted by the employer, an employment agreement is signed, and the graduate reports to the employer, the two parties will & gt adjust the labor legal relationship (the graduate is employed as a civil servant, and the institution and social group work personnel who implement the civil service system by analogy are accepted by the military system, and the labor law is not applicable). This kind of labor legal relationship is embodied in the labor contract signed between the laborer and the employer. The so-called labor contract is a written agreement reached between workers and employers to establish labor relations and clarify the rights and obligations of both parties.
The content of the labor contract is expressed as the terms of the labor contract, which should have the following necessary terms: 1, the term of the labor contract; 2. Work content; 3. Labor protection and working conditions; 4. Labor remuneration; 5. Labor discipline; 6. Conditions for termination of the labor contract; 7. Liability for breach of labor contract. In addition to the necessary clauses in a labor contract, the parties may agree on other contents through consultation. Labor contracts should be concluded in written form, not orally.
Once a labor contract is concluded, it involves performance, and the performance of the labor contract means that the employer and the employee fulfill their respective obligations, and then realize their respective rights. The rights and obligations of both parties are relative, and the rights of one party are often manifested as the obligations of the other. If one party fails to perform its contractual obligations, the other party has the right to ask it to bear the responsibility for violating the labor contract.
according to
& lt& lt; It was officially implemented on June 5438+0993 65438+1 October1.Graduates who are interested in being employed as national civil servants, please know the relevant provisions of the Regulations on National Civil Servants.
1, the scope of implementing the national civil service system: the staff of state administrative organs at all levels, in addition to workers, also include those engaged in party and mass work in state administrative organs; Staff of other units that exercise state administrative functions and engage in administrative activities, except ground personnel.
2. Recruitment of civil servants: refers to the adoption of legal methods and procedures by state administrative organs according to certain standards. The act of selecting outstanding talents (including fresh graduates) from the society to work in government agencies and establishing legal relations with them such as civil servants' rights and obligations. (1) Employment scope: National civil servants who hold non-leadership positions below the chief clerk, that is, chief clerk, deputy chief clerk, clerk and clerk. (II) Methods and contents of the recruitment examination: The basic methods of the examination are written examination and interview, and the written examination includes basic knowledge (including practical writing in public institutions) and administrative professional ability test. (3) recruitment procedures: release recruitment announcements; Examining the qualifications of the applicant; Conduct public examinations for those who pass the examination; Assess those who pass the examination from the aspects of political thought, moral quality and work ability; Put forward the list of employees and go through the recruitment procedures. (4) The probation period for newly hired national civil servants is one year. Those who pass the probation period are officially employed, and those who fail are disqualified. Newly recruited civil servants shall receive training during the probation period, and newly recruited personnel shall receive probation salary during the probation period.
3. When a national civil servant resigns, the national administrative organ may set a minimum service period of 3-5 years according to the actual situation. Those who have not completed the minimum service life shall not resign. A state civil servant who resigns shall submit a written application to the appointment and removal organ, which shall give approval within three months. During the examination and approval period, the applicant shall not leave his post without authorization. Those who resign and leave the state administrative organs will no longer retain their status as state civil servants.
The<& lt Labor Law> stipulates that a probation period may be stipulated in a labor contract, and the longest probation period shall not exceed 6 months. < & lt; It is stipulated that the newly recruited national civil servants will have a probation period of one year, and Shanghai will implement the < < Interim Provisions on the Employment of College Graduates > > It is stipulated in the detailed rules that a one-year probation period will be generally implemented after graduation, and they will become regular employees after the probation period expires. This involves the relationship between probation and probation. Generally speaking, if the probation period is stipulated in the labor contract, the graduates will become regular employees after the probation period expires. Whether to continue the probation period depends on the specific situation. Graduates who are employed as national civil servants have the same probation period, which is one year. After the probation period expires, the probation period also expires, and you will be officially employed after passing the examination.
Indeed, some employment norms have been formulated one after another to guide and standardize the employment of graduates. With the further deepening of the reform of graduate employment system, the requirements for employment norms will be higher and higher. At present, no matter from the effectiveness, comprehensiveness and operability of the norms, it can not meet the requirements of laws and regulations for graduates' employment to go to the market in an all-round way. It should be said that the time is ripe to formulate a higher level employment law. Employment reform calls for the rule of law, and the employment market calls for the rule of law. It is necessary to introduce & gt and improve supporting laws and regulations, so that the employment of graduates can truly move towards marketization and legalization, thus promoting the reform of the whole higher education system.
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Detailed Rules for Employment of Undergraduate Graduates of Dalian University of Technology (applicable to graduates of 2006)
In order to do a good job in the employment of undergraduate graduates in our university and rationally allocate graduate resources, these rules are formulated in accordance with the Interim Provisions on the Employment of Graduates in Colleges and Universities, the relevant policies of the state and Liaoning Province, and the actual situation of our university.
First, the policies and principles of graduate employment
1, follow the national policies and regulations on graduate employment.
2, give priority to ensuring the needs of national defense, military industry, large and medium-sized state-owned enterprises, key scientific research units, appropriate to the western region, northeast old industrial base tilt.
3. Fair competition and merit-based recommendation.
4. Graduates voluntarily obey the needs of the country.
5. Give full play to the leading role of the school and rationally adjust the flow of graduates.
Second, the preparation method of graduate employment plan
The national task plan of our school is to recruit students and find jobs. Under the guidance of the national employment policy, the employment mode of employment units will be implemented within a certain range by satisfying supply and demand and two-way choice.
7, graduates to implement the specific receiving unit, take the combination of recruitment, written recommendation and personal recommendation.
Three, the specific provisions of the employment of graduates
8, the national task plan of unified recruitment of graduates, in principle, can be employed nationwide. For graduates, if there is a receiving unit, the school is still responsible for handling employment procedures, but the words "graduate" should be marked on the graduate registration card; If there is no receiving unit, the school will transfer its file and household registration relationship to the family location (rural non-agricultural household registration) and seek independent employment.
9. If the graduates pass the make-up exam and pass the examination within one year after graduation, the school will no longer be responsible for handling employment matters.
10. The school does not handle employment-related matters for graduates who do not have employment qualifications.
1 1. Directional students are employed according to the contract. To apply for graduate students, you must obtain the consent of the original region or unit and issue a written certificate. Those who fail the exam are still employed according to the contract. Minority preparatory students return to work in the original minority areas after graduation. Graduates who enjoy targeted scholarships and targeted loans are employed according to the relevant provisions of targeted scholarships and loan agreements. National defense students are employed according to the relevant provisions of the National Defense Student Agreement.
12, graduates can apply for starting their own businesses. After the approval of the school, the household registration and file relationship will be transferred back to the home (city, county), and rural graduates will remain in agricultural registered permanent residence.
13, the school encourages and supports graduates to find jobs in national key units, western regions, northeast old industrial bases and remote and difficult areas that are in urgent need of graduates, and faces grassroots employment. For those who have outstanding performance, they will be awarded the honorary title of "senior graduate who meets the needs of the country" and will also be awarded employment scholarships.
14. Graduates who have reached an agreement with the employer through two-way selection should sign an employment agreement with the employer in time and go through relevant formalities at the school. Other matters agreed between graduates and employers shall be in written form. The school will not recognize any verbal agreement.
15. Each graduate can only sign an employment agreement with one employer. If an employment agreement is signed with two or more employers, the school only recognizes that the agreement signed with the first employer takes effect.
16. After the employment agreement comes into effect, graduates should mail or send the employment agreement to the employer in time. The consequences caused by the employment agreement not being sent to the employer in time shall be borne by the graduates themselves.
17, one set of employment agreement for each person (in quadruplicate), graduates should keep the employment agreement properly, and the mailing agreement must be in the form of express mail. If it is lost, it needs to be reissued, and the formalities are as follows:
Graduates have signed a contract with the employer, and if the employer accidentally loses the employment agreement, the employer will issue an official letter to confirm it, and the school will indicate the name of the unit on the reissued employment agreement.
If a contract has not been signed with the employer, the graduates shall fill in the Application Form for Reissuing the Agreement at the Student Employment Center, and send it to the Employment Center for examination and approval after the approval of the department, and publicize it on the school employment website. If the employer raises an objection within/0/5 days from the date of publicity, it shall reissue it and record the word "reissue" in the newly issued employment agreement.
18. In order to maintain the reputation of the school, build a good employment market and maintain the seriousness of the employment agreement, the school will not accept malicious breach of contract in principle after the employment agreement takes effect. For students who change their employers in violation of the contract requirements, the school can handle the secondary employment agreement for graduates only after obtaining the written consent of the employer, and record the number of breaches in the newly issued employment agreement.
19. If a graduate has signed an employment agreement with the employer and obtained an employment agreement due to losses or other improper reasons, but the employer who originally signed the employment agreement shall be held accountable, the graduate himself shall take the initiative to apologize to the employer for understanding and bear corresponding responsibilities to the employer.
20. Anyone who conceals the fact that a contract has been signed with the employer and applies for a new agreement on the grounds that the agreement is lost shall be treated as a malicious breach of contract and notify the employer of the result. If it has a bad influence on the school, the school will indicate its bad record in its agreement and give disciplinary action.
Graduates who use other people's employment agreements to sign contracts, forge employment agreements or carve official seals will be dealt with seriously by the school. Those who violate the law will be investigated for legal responsibility according to law.
2 1. Non-local graduates who choose to work in employers under the jurisdiction of Beijing, Shanghai, Tianjin, Shenzhen, Dalian, Guangdong Province and other provinces and cities can be included in the graduate employment proposal plan only after they are approved by the local graduate employment authorities to affix their seals or issue relevant acceptance letters according to the provisions of the above provinces and cities.
22. Graduates who apply for postgraduate (double degree) shall truthfully report to their units. After reaching an agreement through consultation, they should indicate in the employment agreement: "I have applied for graduate students, and if I am admitted, the agreement will automatically terminate." , which will take effect after being signed (or sealed) by both parties. Graduates who are admitted to graduate school should promptly notify the employer to obtain understanding, and show relevant certificates to the school, and will not be treated as breach of contract. Graduates who do not indicate the postgraduate entrance examination or postgraduate entrance examination and promise to give up the postgraduate qualification, but want to study for a postgraduate degree (double degree), I must obtain the written consent of the employer and bear the relevant responsibilities before I can go through the relevant formalities at the employment center.
23. If a graduate who has signed an employment agreement is admitted as a graduate student (double degree) without going through the formalities for breach of contract, the school will send his file and household registration to the employer, and the consequences will be borne by the graduate himself.
24. Graduates who apply for studying abroad at their own expense according to state regulations should apply to the school before the end of May. After approval, schools will not be responsible for their employment. If you are not allowed to leave the country when you leave school, the school will transfer your files and household registration to your home and find a job for yourself.
25. Graduates who move their families during school must submit the original household registration book before May 20, otherwise they cannot change their home address in the employment plan.
26. The deadline for the preparation of employment plans for fresh graduates is May 20th. As of May 20th, graduates who have not implemented specific receiving units are listed as returning to the province to be divided according to the requirements of the employment authorities in the provinces and cities where the graduates are located. When the household registration and files are transferred back to their original places, the registration unit is the employment department in the province where the family is located. However, the school allows graduates to continue to find their own units. Before June 20, if a unit receives it, the school is still responsible for handling employment matters and sending graduates to specific receiving units.
27. If a graduate has no specific employment unit within the time specified by the school, he/she can apply for keeping his/her household registration and files at the Employment Resources Development Service Center of Huayu University in Liaoning Province, which can handle the relevant procedures for graduates to take the postgraduate entrance examination, go abroad and get employment within two years.
Before leaving school, the school should give them a health check-up. If they can't keep their normal work, let them go home to recuperate. Those who are cured within one year can be employed with the next graduates; After one year, those who have not been cured or accepted by useless units will be transferred to their families and find their own jobs.
29 graduates in any of the following circumstances, the school reported to the local competent graduate deployment department for approval, no longer responsible for their employment recommendation. After paying all the training fees and scholarships to the school, transfer the household registration relationship and files to the home location.
(1), failing to report to the employing unit for more than three months without justifiable reasons since the date of dispatch;
(2) Refusing to obey the arrangement or unreasonably asking the employer to return it after reporting.
30, other violations of the relevant provisions of the school, adhere to the unreasonable demands of individuals, with reference to the provisions of the twenty-ninth paragraph of this article.
3 1. After the school reports the employment proposal plan to the higher-level department in charge of graduate employment and applies for dispatch, graduates who violate the contract need to be reassigned under special circumstances. Those who apply for reassignment must pay a reassignment fee of 2000 yuan to the Employment Guidance Service Center for College Graduates in Liaoning Province.
32, graduates employment recommendation, all fees in the process of examination and approval, in accordance with the provisions of the Liaoning Provincial Department of Finance and the Price Bureau.
33. Among the graduates who are employed in Dalian, if there is no specific receiving unit, the files will be uniformly mailed by the school to Dalian Talent Service Center; If there is a specific receiving unit, the graduates must inform their unit after reporting, and send someone to the school archives to receive the graduates' files by the end of September with a letter of introduction. Otherwise, starting from 1 October1day, the school will charge 15 yuan/month storage fee.
Fourth, graduate employment guidance.
34. Graduate employment guidance is an important part of school graduates' employment work, and it is an effective means to help graduates understand the national employment policies, establish a correct concept of choosing jobs, and ensure graduates' smooth employment.
35, graduate employment guidance education focuses on outlook on life, values, career choice, professional ethics education and integrity education, highlighting the publicity of graduate employment policy and employment situation.
36. Graduate employment guidance should be combined with graduate education. Education graduates should focus on national interests, correctly handle the relationship between national interests and personal development, consciously obey the needs of the country, go to the grassroots, go to hard places, and take the road of combining practice with success.
37. Graduate guidance and educational activities arranged by the school are important aspects of university education, and graduates should actively participate.
Verb (abbreviation of verb) Organization, leadership, responsibility and discipline of graduates' employment.
38, improve the school, department two graduate employment agencies, unified organization and leadership of graduate employment. The leading group for the employment of school graduates leads the employment of school graduates, and the student employment center is responsible for organizing the implementation. All colleges (departments) should actively cooperate with graduate statistics, qualification examination, full-scale planning and employment guidance; Each college (department) is responsible for graduates' written recommendation, graduates' survey, and the collection and release of demand information; The staff of each hospital (branch) should be familiar with the relevant national policies and the specific provisions of the school.
39, establish and improve the graduate employment website, realize the functions of online information release, online recommendation, graduate information query, contract information query and online employment guidance, improve the level of employment network. Graduates have the right and obligation to assist schools in building and maintaining graduate employment websites. Malicious attacks on websites are strictly prohibited.
40. Increase the transparency of graduates' employment. Schools should publish national employment policies, information on graduates' needs and graduates' employment destination, and put graduates' employment under the supervision of teachers, students and staff.
4 1. All cadres engaged in graduate employment should adhere to principles, handle affairs impartially, and abide by various disciplines and regulations in an exemplary manner. If there is any violation of discipline, it should be dealt with seriously.
42, graduates in employment, it is strictly prohibited to resort to deceit; Contact employment can not affect normal teaching activities, otherwise it will be dealt with seriously according to school regulations.
Supplementary clause of intransitive verbs
43. If the provisions in these Detailed Rules are inconsistent with the national and local policies, the national or local policies shall prevail.
44. The School Student Employment Center is responsible for the interpretation of these rules.