First, it depends 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, many units bind students with high liquidated damages in order to retain them. Students should try their best to minimize the liquidated damages during negotiation, which usually does not exceed 5,000 yuan.

However, according to the provisions of the Labor Law, the employer may stipulate the non-competition clause with the employee in the labor contract or confidentiality agreement, and agree to give the employee economic compensation every month during the non-competition period after the labor contract is dissolved or terminated.

If the laborer violates the non-competition agreement, he shall pay liquidated damages to the employer in accordance with the agreement. Except for the above two legal circumstances, the employer may not agree with the employee that the employee shall bear the liquidated damages. Therefore, students should strive to cancel the stipulation of liquidated damages.

Fourth, the current employment agreement for graduates is a "format contract", but the "Remarks" section 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.

Fifth, 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. However, students can't go back to heaven because they and the school have signed and sealed. Either accept resignation or be forced to compensate the employer for breach of contract.

Extended data:

Tripartite Agreement is the abbreviation of Employment Agreement for Graduates and Postgraduates in 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 and provident fund.

Graduates report to the unit (with the national employment registration certificate for college graduates or the national graduation registration certificate), and the tripartite agreement will be automatically terminated after the employer officially accepts it.

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 based on 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.

Common labor disputes during the probation period of tripartite agreement

After the graduates report to the employer, the tripartite agreement is terminated. At this time, the employer will sign a formal labor contract with them, which stipulates the probation period, service period, salary and other benefits of the workers in the unit. After the contract is signed, the two parties formally determine the labor relationship. Among the above agreements, the probation period is the most controversial. Therefore, regarding the legal issues of probation, I would like to remind graduates of the following points:

(That is to say, the general order is to sign a tripartite agreement first, and then sign a labor contract when reporting for duty. The contract stipulates related matters and probation period. Moreover, if the employer refuses during or after the probation period, it is necessary to list relevant evidence. )

probation period

The probation period is an investigation period of no more than six months agreed by the employer and the employee for mutual understanding and choice after establishing labor relations. According to Article 19 of the Labor Contract Law of People's Republic of China (PRC), if the term of the labor contract is more than three months but less than one year, the probation period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; The probation period of a labor contract with a fixed term of more than three years or without a fixed term shall not exceed six months.

A probation period may not be stipulated in a labor contract whose term is to complete certain tasks or whose term is less than three months. The same employer and the same worker can only agree on a probation period. The probation period is included in the labor contract. If the labor contract only stipulates the probation period, the probation period is not established, and this period is the term of the labor contract.

State organs, institutions of higher learning, medical research institutes and medical administrative departments adopt a one-year probation period, enterprises and companies (including foreign enterprises, joint ventures and private enterprises) adopt a probation period, and establish labor relations with hospitals adopt a probation period. 15 -6 months. The probation period can be extended, but not. The probation period is mandatory and agreed by both parties.

Resign on probation

The probation period is called probation period, which means that both the employer and the employee can check whether the other party meets their own requirements during this period, and both parties have relatively free ways to terminate the contract. According to the provisions of Article 37 of the Labor Contract Law, the employee may terminate the labor contract by notifying the employer three days in advance during the probation period.

Some employers stipulate in the labor contract that the employee shall bear the liability for breach of contract when the contract is terminated during the probation period, which actually limits the right of the employee to terminate the contract, so this agreement is an act that infringes on the legitimate rights of the employee, and the law generally finds this agreement invalid.

References:

Baidu Encyclopedia-Tripartite Agreement