Q: Hello, I am a graduating college student. Now I am an intern in a company. Came to the company and was asked to sign a tripartite agreement. But now I feel that the welfare benefits mentioned by the company have not been realized when we came. Now I want to unilaterally break the contract. The tripartite agreement does not clearly indicate the liquidated damages. I just said: for personal reasons, I have to pay training fees and liquidated damages to the company. Some of my classmates have resigned, but the company charged them a penalty of 2000 yuan. Can we leave without a tripartite agreement?

A: The Scout Law Online Consultation will answer your question.

What details should I pay attention to when signing a tripartite agreement? When signing a tripartite agreement, we should pay attention to whether the name of the employer filled in is consistent with the valid seal, and students should try their best to minimize the liquidated damages during negotiation, usually not exceeding 5,000 yuan.

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 graduate employment, and can solve a series of related problems such as household registration, archives, insurance, provident fund and so on. The agreement will be automatically terminated after the graduates report to the unit and the employer formally accepts it.

Pay attention to the details when signing a tripartite agreement:

First, college students sign a tripartite agreement, depending on whether the name of the employer filled in is consistent with the name of the effective seal of the unit. If not, the agreement is invalid; When filling in your own professional name, it should be consistent with the professional name of the academic affairs office of the school and cannot be abbreviated.

Second, foreign companies, joint ventures and private enterprises generally adopt a probation period, which can range from 1-3 months according to the length of the contract. Usually, the probation period is 3 months, and shall not exceed 6 months. State organs, universities and research institutes generally take a probation period, which is generally one year.

Third, in order to retain students, many units impose a high penalty on students. Students should try their best to minimize the liquidated damages during negotiation, which usually does not exceed 5,000 yuan.

Four, the current graduate employment agreement is a "format contract", but the "remarks" part allows the three parties to separately stipulate their rights and obligations. In order to prevent the employer from committing one thing to another, graduates can explain the welfare benefits such as vacation, housing and insurance reached before signing the contract in the remarks column, and in case of disputes, they can defend their rights according to law.

Five, students should strictly follow the prescribed steps when signing the agreement. Wait for the employer to fill in and stamp, and then go to the school employment guidance center for visa and stamp. Don't fill it out and go directly to the employment guidance center for school graduates. You should stamp it. The consequence of this is that when the unit fills in the form, the salary is very different from what it promised in the past.