1. Tripartite agreement is a contract between civil subjects to establish, change and terminate civil legal relationship, and the signing of tripartite agreement can clearly stipulate the rights and obligations of all parties;
2. Signing a tripartite agreement can protect the rights and interests of the parties. A legally established contract is protected by law, and the party who violates the tripartite agreement shall bear the liability for breach of contract.
I. What is a tripartite agreement?
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 for recent graduates. Graduates report to the unit (with the national employment registration certificate for college graduates or the national graduate registration certificate), and the agreement will be automatically terminated after the employer officially accepts it.
Second, the difference between tripartite agreement and labor contract
Tripartite employment agreements are different from labor contracts:
1, 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.
2. 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.
3. Graduates are still students when signing employment agreements and 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.
Third, what is the use of tripartite agreements?
1. The tripartite agreement is more used to count the employment rate for schools. Freshmen don't have to sign a tripartite agreement.
2. Only when graduates sign a tripartite agreement and get it back to the school, the school will issue dispatch cards to students after graduation, report to the work unit with the dispatch cards, and start calculating the length of service, so that graduates can have the status of cadres.
3. Applying for civil servants, some state-owned enterprises and institutions will have a series of troubles if they do not have the status of cadres, and may even be unable to work in their own units; There are also some professional title identification, evaluation and employment, length of service audit, etc., which are also related to the identity of cadres; In the future, entering the civil service sequence to promote cadres or evaluate professional titles also requires cadre status; Some places (such as Shenzhen) will also require the identity of cadres.
Four. Matters needing attention in signing tripartite agreement
Once the tripartite agreement is signed, it means that the first job of college students is basically determined. In order to prevent some fresh graduates from breaking the contract and not going to work in the company after signing the tripartite agreement for subjective and objective reasons, some units have specially set up liquidated damages to restrain college students in order to prevent the occurrence of breach of contract. Therefore, fresh graduates should pay special attention to signing contracts. A teacher from the Employment Office of colleges and universities said that college students should carefully check the affiliation of employers before signing a tripartite agreement. State organs, institutions and state-owned enterprises generally have the right to receive personnel. Private enterprises and foreign-funded enterprises need to be approved by the personnel bureau or the talent exchange center to recruit employees, and they must sign the agreement to be effective. Fresh graduates should also have an understanding of the special regulations of local personnel departments.
Legal basis:
Article 464 of the Civil Code of People's Republic of China (PRC)
A contract is an agreement between civil subjects to establish, change and terminate a civil legal relationship.
Agreements on status relations such as marriage, adoption and guardianship shall be governed by legal provisions on such status relations; If there are no provisions, the provisions of this part can be applied according to their nature.
Article 465
Contracts established according to law are protected by law.
A legally established contract is legally binding only on the parties, except as otherwise provided by law.