The so-called tripartite agreement is actually the abbreviation of "National Employment Agreement for College Graduates", which is an agreement signed by fresh graduates at the time of their first employment, and is signed by the students themselves, the school and the employer. Such an agreement, if signed according to law, is legal and valid, and there is no legal contract that is invalid. First of all, the tripartite agreement is an intentional agreement signed by the school witness, graduates and employers. It has legal effect, but it cannot replace the labor contract. From the legal point of view, "tripartite agreement" is an "appointment" in civil law and contract law. In principle, it is applicable to China's civil law and contract law, and is not bound by labor contract law and other laws. Of course, the signing of the tripartite agreement cannot violate China's labor laws and regulations and related employment policies. If there is a breach of contract, the liability for breach of contract will be investigated in accordance with the corresponding provisions of the civil law.

Secondly, after the graduates report to the unit and the employer formally accepts the graduates, the tripartite agreement is automatically terminated, and then the unit signs 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. The tripartite agreement is not only the basis for the state to count the employment rate of college students, but also the proof of the dispatch certificate issued by the state. Only after signing the tripartite agreement will the school issue dispatch cards to students after graduation. After the graduates report to the unit with the dispatch card, they begin to calculate the length of service and have the status of cadres.

Legal basis: Article 1 1 of the Interim Provisions on the Employment of Graduates from Colleges and Universities. The procedures and time arrangements for the employment of college graduates nationwide are uniformly arranged by the State Education Commission, and all ministries and localities should give specific guidance on the employment of college graduates in their respective regions according to the arrangement of unified arrangements.