Current location - Education and Training Encyclopedia - University ranking - What are the precautions for college students to join the job?
What are the precautions for college students to join the job?
What are the precautions for college students to sign employment contracts after graduation? Signing a labor contract is a legally binding premise. If the signed labor contract is illegal, it will be difficult to protect the rights and interests of job seekers. Therefore, job seekers should first confirm whether the labor contract they signed has legally binding conditions, including: the employer, as the main body of the labor contract, must meet the legal conditions, and the employer should be established according to law, able to pay wages, pay social insurance premiums, provide labor protection conditions and bear corresponding civil liabilities. The contents (rights and obligations) of the labor contract signed by both parties must comply with laws, regulations and labor policies, and shall not engage in illegal labor. In addition, the procedures and forms of signing labor contracts must be legal. When establishing labor relations with employees, the employer must conclude a labor contract in written form according to law. The probation period of a contract of less than two years cannot exceed 60 days. When college graduates first enter the unit, they usually have a certain probation period. According to the current laws and policies, the probation period can be stipulated in the labor contract, and the longest probation period shall not exceed 6 months. If the labor contract is less than two years, the probation period shall be determined according to the length of the contract, that is, if the labor contract is less than six months (half a year), the probation period shall not exceed 15 days; If the term of the labor contract is more than half a year but less than one year, the probation period shall not exceed 30 days; If the term of the labor contract is more than one year but less than two years, the probation period shall not exceed 60 days. If the term of the labor contract is more than two years, the probation period may be agreed within six months. It should be noted that the probation period is included in the term of the labor contract. The work content and working conditions should be detailed, and the post type extension is large or wide, which shows that the post type of the parties involved changes greatly during the performance of the labor contract. Job seekers can ask the employer to appropriately refine the types of work. Used for probation, training, keeping business secrets, supplementary insurance and welfare benefits. , the parties may put forward the requirements stipulated in the labor contract. Grasp the necessary relevant knowledge According to Article 19 of the Labor Law of People's Republic of China (PRC), a labor contract shall be concluded in written form with the following clauses: 1. Term of 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 above-mentioned essential clauses, the parties may agree on other contents through consultation. Before signing a labor contract, job seekers should seriously study and understand some knowledge about labor laws and regulations, such as the rights and obligations of both parties to the contract, the conclusion, performance, alteration, termination and dissolution of the labor contract, and legal responsibilities, so that job seekers can obtain some rights and obligations that are beneficial to them, or in the future, once the employer breaches the contract, job seekers can use legal weapons to safeguard their rights and interests. Grasping the responsibilities that employers should bear when violating relevant regulations is conducive to the initiative of graduates. For example, if the probation period of a labor contract exceeds the above-mentioned prescribed period, the parties may request to change the corresponding labor contract period, or require the employer to pay wages according to the non-probation wage standard. The employing unit shall change the term of the labor contract in time, or pay wages according to the non-probationary wage standard. According to the regulations, the labor contract only stipulates the probation period, but not the term of the labor contract. If the parties require an agreed time limit, the employer shall negotiate with the parties to determine the term of the labor contract. If both parties fail to reach an agreement on the term of the labor contract through consultation, the term of the labor contract shall be determined according to the relevant provisions corresponding to the term of the labor contract and the probation period. Sign the labor contract in time. The labor contract should be signed with the employer before the job seeker takes the post for trial, not after the trial is qualified. If there is a labor relationship between the employer and the employee and the employee requests to sign a labor contract, the employer shall not terminate the labor relationship and shall sign a labor contract with the employee. If the employer establishes a labor relationship with the employee and deliberately delays the conclusion of a labor contract, the employee has the right to report to the labor inspection agency, which will order the employer to make corrections within a time limit; If economic losses are caused to workers, the employing unit shall be liable for compensation; If the employee and the employer have formed a labor relationship without concluding a labor contract, the employer shall not terminate the labor relationship unless the employee seriously violates labor discipline and meets the conditions for dismissal, dismissal and dismissal. Before signing a labor contract, college graduates should carefully read the job description, post responsibility system, labor discipline, wage payment regulations, performance appraisal system, labor contract management regulations and related rules and regulations, regardless of whether these employer's documents are attached to the labor contract. Because these documents will involve many rights and interests of graduate job seekers, and it is the legal obligation of job seekers to abide by the regulations. And when these documents are attached to the labor contract, they have the same legal binding force as the labor contract. Chinese characters should be capitalized when numbers are involved in labor contracts. The labor contract shall be made in at least two copies, one for each party, and the graduates shall keep it properly. The employer has drawn up the text of the labor contract in advance, requiring graduates to be cautious when signing it, carefully scrutinizing the text, and asking the employer to explain and modify the terms and concepts in time. Moreover, when signing the agreement, you must write down the treatment promised by the unit, either in the remarks column of the agreement or on a separate piece of paper, but both parties must sign and seal it to ensure their own interests. The term of validity of a labor contract must be clearly stated in the signed contract. When the labor relationship agreement expires, the labor relationship between the employer and the employee disappears and no longer exists legally. If both the employer and the employee agree, they may decide to renew or re-sign a new contract and continue or re-establish labor relations. Many employers have set up soft terms beyond the legal provisions and protection. Workers should pay special attention to these contents, otherwise they will bear unnecessary responsibilities or suffer losses. To be on the safe side, graduates can also consult labor affairs consulting companies or related law firms before signing labor contracts, which will help improve the insurance coefficient of labor contracts. Although the employment situation is grim, graduates must not relax their vigilance, neglect or relax their understanding of each other because they are eager to find a job. To be on the safe side, it is best to make a field trip to the employer before signing the contract to learn more about the operation of the employer, the proposed post, working conditions, employment system, salary, housing, pension insurance and other welfare benefits, so as to avoid hasty engagement. Avoid the embarrassment of knowing that the treatment is inconsistent with what you said after working in the employer, and you have to pay liquidated damages if you want to leave. At the same time, it is also necessary to prevent fraudulent acts such as intermediary scams, online job hunting traps, and doing trainee work for nothing. When signing a contract, graduates should pay attention to protecting their rights and interests, and avoid being deceived by entering the trap preset by bad employers because of signing a labor contract. To sum up, college students who have just left the society have a lot to learn in the workplace, especially signing labor contracts and dealing with people. Society is not as pure as schools, but as long as they abide by laws and company systems, they can become useful people to society.