The registration card shall be handled by the graduates when they go through the employment formalities. The employment procedures for graduates are generally handled by the school employment office, and are carried out in the form of centralized handling and phased handling. Below I have sorted out the details of how to apply for the employment registration card for everyone, hoping to help everyone!

First, how to apply for an employment registration card?

1. Graduates who have been employed will go directly to the receiving unit to go through the registration formalities with the registration card and related materials required by the unit.

2. Graduates in the province who have not implemented employment units: log on to the efficient graduates information network, use the online registration column, complete online registration according to the system prompts, and go through the registration and settlement procedures with the employment registration certificate, graduation certificate and household registration certificate issued by the personnel departments of cities and counties.

3. Unemployed graduates from other provinces shall go through the registration and settlement formalities with the corresponding personnel department with the employment registration certificate, graduation certificate and household registration certificate issued by the personnel departments of various provinces and cities.

4. Graduates who do not intend to work temporarily after graduation (study abroad, postgraduate entrance examination, etc.). You can also leave your files at school, which is equivalent to retaining the identity of fresh graduates. Don't lose your registration card. When you take part in the work, you should take the old registration card and other materials to the talent market of your school for reassignment.

II. Procedures for handling the Registration Card:

1, graduates' employment procedures are generally handled by the school to the provincial department in charge of graduates' employment, taking the form of centralized handling and staging. Before graduation, if an employment unit is implemented and an employment agreement is signed, the school employment center will go to the provincial employment center to apply for a registration card, and the centralized processing time is generally from June to early July. Graduates who sign an employment agreement within the employment period stipulated by the state after leaving school must first submit an employment agreement to the school employment center, and the school will regularly go to the provincial employment center to apply for registration certificates.

2, to the provincial institutions employment graduates, in the process of "registration card" at the same time should hold "institutions to increase the number of plan card"; Graduates who are employed in provincial non-state-owned units can be directly introduced to receiving units by the provincial employment center. Need personnel agency, by the employer to the provincial, city and county talent exchange center to handle the relevant procedures.

3. Excellent fresh graduates transferred from colleges and universities to township (town) organs shall apply for the "Registration Certificate" by the Selected Graduates Employment Notice of the Organization Department of the Provincial Party Committee; Graduates who have obtained civil servants shall apply for the "Registration Certificate" with the certificate of the receiving unit and the national civil servant recruitment procedures.

4. After receiving the registration certificate, graduates can report to the employer only after receiving the residence registration certificate from the school security office.

5. Graduates who have not signed an employment agreement at the time of graduation can directly return to their places of origin to apply for self-employment; You can also continue to choose a job within the period of choosing a job stipulated by the state. Accounts and personal files can be temporarily kept in the school for 2 years, but you should sign the Account and File Agreement with the school before the graduates leave school, so that the school can continue to provide employment services for graduates. If the employment unit is not implemented after the expiration of the employment period, the school will directly transfer the graduate files and household registration to the talent exchange center of the personnel department of the county (city) level government where the students are located. Contact the employing unit and handle the employment formalities by the local personnel department in accordance with relevant regulations. Graduates should take the initiative to contact the school employment center after the expiration of employment.

Expanding reading: the role of graduate employment registration card

It is very important that every college graduate has a registration card. The registration place written on the registration card is the place where you want to report. The tripartite agreement will only be signed if you find a job. Your cadre status will be activated only after you report at the time and address on the registration card. The registration card has nothing to do with your account.

The full name of the registration card is the Employment Registration Card for College Graduates in National Colleges and Universities. It is printed by the Ministry of Education and distributed by the provincial department in charge of employment of college graduates. Only graduates included in the national employment plan hold it. It is an effective certificate for employers to arrange graduates' work and transfer graduates' personnel files and accounts. One person can only issue one registration card, and the registration cards printed or issued by other departments are invalid. The registration card must be properly kept, and any altered or torn registration card shall be invalid. If the registration card is lost, the graduate himself shall apply, and the school shall submit it to the provincial graduate employment department for approval. Graduates have registration cards when they leave school Some graduates didn't sign a contract with the company and thought they didn't have a registration card, but in fact these students have been sent to the graduate employment guidance centers in their provinces and cities in accordance with state regulations, and reminded not to forget to get the registration card.

The registration card system has been used for many years until today. At present, in the talent market, some individual enterprises and foreign-funded enterprises say that they don't need graduate registration cards, but employers responsible for students should attach great importance to registration cards; As a formal college graduate in China, under the existing system, the role of the registration card will definitely affect your life after graduation.

The registration card has at least the following six functions:

1, the registration card is a certificate officially issued by the education department to graduates;

2. The registration card is the certificate for graduates to report to the employer. After reporting with the registration card, you can calculate the length of service; 3. The registration card is an important written proof that the employer accepts the graduates;

4. The registration card is a voucher for any legal talent center and file management institution to receive graduates' files; 5. The registration card is an important certificate and basis for the employer to settle down and receive files for graduates; 6. The registration certificate proves that the certified graduates are students included in the national unified enrollment plan;

7. The registration card is the cadre identity certificate of graduates. If there is no registration card, graduates will lose their cadre status and become social workers (worker establishment); Moreover, the talent center cannot receive graduates' files. According to China's current personnel management regulations, the Personnel Bureau is in charge of cadres (files are generally placed in talent centers) and the Labor and Social Security Bureau is in charge of workers (files are generally placed in employment agencies).

Since the tripartite agreement is the first step of college students' employment and the most prone to disputes, Ms. Shi first explained the legal issues related to the tripartite agreement.

Lawyer Shi pointed out that the tripartite agreement is an intentional agreement signed between the school and graduates and employers. It has legal effect, but it cannot replace the labor contract. Students should correctly understand and use the tripartite agreement from four aspects:

One is uniqueness, that is, graduates are not allowed to hold multiple tripartite agreements. If a student has signed multiple tripartite agreements, in case of conflict, the first agreement shall prevail. Second, the term of legal effect, the legal effect of the tripartite agreement ends after the graduates report to the employer; Third, the liquidated damages in the tripartite agreement must be agreed by the graduates after consultation with the employer, and the amount of liquidated damages must comply with the relevant regulations of the employer's location; Fourth, the remarks column, graduates should try to put the commitments of the unit, such as vacation, housing subsidies, account settlement, insurance and other commitments in the remarks column clearly. The reality is that more than 90% of the tripartite agreements in the remarks column are blank.

In addition, Mr. Shi also pointed out that among the three parties involved in the tripartite agreement, the employer and the graduate are the two parties who really fulfill their responsibilities and rights, and the school is only a witness unit and does not bear any responsibility.

When explaining the tripartite agreement, the lawyer also interacted with the students on the issue of liquidated damages in combination with the case. She reminded the graduating students that different places have different regulations on the upper limit of liquidated damages. Beijing stipulates that the penalty for breach of contract shall not exceed 65,438+2 months of the total salary of graduates, while Shanghai clearly stipulates that the salary of graduates shall not exceed 1 month, but most areas in China do not clearly stipulate the upper limit of penalty for breach of contract. In this case, the amount negotiated by both parties shall prevail. Graduation and the employer can also agree on liquidated damages to deal with the employer's breach of contract, thus safeguarding their own rights and interests.

Common labor disputes during probation period

The lawyer concluded that the tripartite agreement was terminated after the graduates reported to the employer, and the employer signed a formal labor contract with them, stipulating 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 the probation period, Teacher Shi reminded graduates to pay attention to 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. The probation period is included in the labor contract. According to the provisions of the labor law, the labor contract may stipulate a probation period of no more than six months. If the term of the labor contract is less than six months, the probation period shall not exceed fifteen days; If the term of the labor contract is more than six months but less than one year, the probation period shall not exceed thirty 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 shall not exceed six months. It must be emphasized that the probation period is applicable to the change of jobs or types of work when the employee is employed for the first time or re-employed, and no liquidated damages shall be agreed upon when renewing 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 Article 32 of the Labor Law, during the probation period, the employee may notify the employer to terminate the labor contract at any time (without prior notice).

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.

Dismissal during probation period

According to Article 25 of the Labor Law, if a worker is proved to be unqualified for employment during the probation period, the employer may terminate the labor contract. The law clearly stipulates that the employer can terminate the labor contract, provided that it must prove that the employee does not meet the employment conditions during the probation period. Graduates here should make it clear that when the employer requests to terminate the labor contract, the burden of proof lies with the employer, and the laborer does not need to provide proof that meets the employment conditions.

The burden of proof undoubtedly limits the arbitrariness of the employer to terminate the labor contract. If the employer has no evidence to prove that the employee does not meet the employment conditions during the probation period, the employer cannot terminate the labor contract, otherwise, the employer must bear all the legal consequences brought about by the illegal termination of the labor contract.

Is two probation periods legal?

Some employers will also agree with workers on a second probation period after the first probation period, which should be treated differently. If the two probation periods are determined in the contract after negotiation, then if the sum of the two probation periods exceeds the upper limit of probation period stipulated by law, it is illegal to exceed it, and if it does not exceed it, both probation periods are legal.

Sign a probation contract instead of a labor contract?

After the employee is employed by the employer, both parties may stipulate the probation period in the labor contract, which shall be included in the term of the labor contract, and the labor contract is the premise of the probation period. It is not allowed to sign a probation contract without a labor contract. The probation contract signed in this way is invalid, but the invalidity of the "probation" contract does not lead to the invalidation of the protection of workers in the Labor Law. There are regulations in Beijing: Beijing labor contract management regulations: only sign the probation contract. When the probation period expires, the employer is unwilling to sign the labor contract again, and the employee can sign it backwards (for example, the probation period is January, and the contract period can be reversed to one year, according to the relevant provisions of the labor law on probation). In addition, the rules of shanghai labor contract also has special provisions on this.

Teacher lawyers answer questions on the spot on issues that graduates care about.

After the one-hour lecture, Mr. Shi also answered the students' personal questions on the spot. Because there are many questions, it is inevitable that there will be repeated topics. In order to facilitate my friends to read, I will summarize all kinds of questions one by one as follows:

1. After I signed the labor contract with the employer, the other party promised to implement the household registration and fulfilled it, but at this time I want to break the contract. Excuse me, if I propose to break the contract, will my account be affected? What should I do if I want to leave my hukou in Beijing?

Lawyer Shi: There are two aspects about hukou that students should understand: the hukou of general graduates falls to the location of the employer after the signing of the labor contract, and the hukou is under the jurisdiction of the state public security organ, and the employer has no right to dispose of the employee's hukou. So the account will not be moved unless I want to. If you breach the contract, you only need to bear the liability for breach of contract, and the account will not be affected.

If you want to keep your hukou in Beijing, you only need to sign a new employer in Beijing (you can receive the hukou), join the unit collective hukou, or set up a new household with yourself as the head of the household.

2. When I signed the tripartite agreement with the employer, the remarks column stated the household registration, housing, settling-in expenses, training, various benefits and other issues. Excuse me, if there is no labor contract, is this agreement still valid?

Lawyer Shi: Still valid. If you sign a labor contract and your benefits are changed, it will be regarded as a change to the original contract, and the new contract shall prevail. If the two do not conflict, they are still valid. If the new contract changes the contents of the original contract, the newly signed labor contract shall prevail.

The contract I signed with the employer stipulates that the service period of the company is five years. The contract did not mention the issue of liquidated damages. It simply says that if employees leave their jobs less than five years after graduation, they need to pay 300% of the total salary and other expenses. Is this agreement legal?

Lawyer Shi: This is illegal. Punitive damages cannot be stipulated in the labor contract, and the compensation must be based on his actual losses.

For the training funded by the employer, there are two agreements in the service period agreement, one is the agreement on liquidated damages, and the other is the agreement on compensation for losses. Liquidated damages refer to the liquidated damages that you have to bear if the laborer can't perform the contract and return to work, even if there is no loss. The upper limit of liquidated damages in Beijing is not higher than the total wages 12 months; Regarding the various training and learning expenses paid by the unit to the workers, if the employer calculates the training and other expenses in the liquidated damages, then the workers do not need to pay. If it is not reflected in the content of liquidated damages, but the loss is listed as an agreement to compensate for the loss, it is necessary to pay the loss.

4. In the tripartite agreement, the employer promised to pay the settlement fee of 200,000 yuan, but when signing the labor contract, the employer overturned the agreement in the tripartite agreement. If I don't sign, it will affect my job search again during this time. What should I do?

Lawyer: When the workplace is remote or the conditions are difficult, the employer will generally make similar commitments to attract and appease talents. According to relevant laws and regulations, the agreement to change 200,000 yuan must be agreed by both parties through consultation. If you don't agree to the change, then the employer should strictly follow the original tripartite agreement. So you can ask the other party to resolutely fulfill the commitment of the tripartite agreement. If the other party fails to perform, you can ask the other party to compensate you for your personal losses. Considering that your personal relationship has been transferred to the local area and you can only find a job in this place for the time being, then you can claim a part of 200,000 family expenses as a loss. Of course, you can advocate it all, but the law will not support it all. (This shows that the legal effect of the tripartite agreement is still quite large. )

I signed a labor contract with a company in Beijing, and agreed to pay the employer a penalty of 654.38+10,000 yuan in case of breach of contract. What is the specific calculation method of liquidated damages in Beijing?

Lawyer: The labor service period is agreed to be five years, which is the practice of general hospitals. Before the promulgation of the new law, the upper limit of liquidated damages in Beijing is still based on the wage standard of 12 months. What needs to be pointed out here is that the liquidated damages stipulated in the agreement (contract) refers to the "monthly salary" income, that is, the fixed expenses paid by the employer every month after the laborer pays the labor (the fixed income fixed on the salary card every month), which does not refer to the basic salary and does not include the incentive expenses (such as bonuses, etc.). ).

Take your situation as an example, the liquidated damages stipulated in the labor contract are100000 yuan. If the amount of liquidated damages is higher than 12 monthly salary standard, the excess part is invalid, and if it is lower than this figure, it is effective. The specific algorithm is: monthly salary ×20.92 (days).

6. What is the legal relationship between the parties to the labor dispatch? Under this relationship, what is the status of employees' household registration and personnel files. , where did it fall? If the jump is broken, what will happen to the account and file?

Lawyer Shi: The labor relationship is like this. For example, we serve in some foreign-related medical institutions in two forms. One form is that this medical institution is an office and has no right to work; Another form is that foreign-funded enterprises have the right to work, but in order to save trouble, taking into account some difficult links such as insurance and household registration, they will also entrust their employees out. Here, workers have labor relations with talent dispatch companies and sign labor contracts with them, and insurance and wages are paid by them. It is equivalent to the labor services provided by talent dispatch companies to employers by sending their own employees to work in foreign-funded enterprises. In Shanghai, people call it special labor relations, while in Beijing, they think there is no direct relationship between them. Hukou, personnel files and insurance files are also in the talent dispatch company. However, the fact that the registered permanent residence is in a talent dispatch company does not mean that the talent dispatch company has the right to dispose of the registered permanent residence, but only reserves the right. If the jump is bad, accounts and files can be moved to new units. When conditions are ripe, you can also open a separate account.

7. The contract between me and the employer stipulates that the service period is three years. I'm worried that if I resign during the service period, the employer will withhold my account and other personnel relations and demand compensation from me. Is my worry necessary?

Lawyer Shi: It is totally unnecessary. No enterprise has the right to dispose of accounts. The registered permanent residence is not managed by the employer, but by the employer. The employer is only the head of a collective account, and he only has the right to keep it. In addition, no employer may claim compensation from individuals on the grounds of withholding certificates and other important labor materials.

8. In Beijing, if some units try for two months before signing the contract, and there is no written agreement, should I go?

A: Legally speaking, any employer who requires workers to work for them (establish labor relations) must sign a formal labor contract. If the signature is illegal, it will be fined by the labor inspection department. In my impression, missing a contract is a fine of 500.

Of course, when such a thing happens, the employer asks us to pay the labor, and they pay the labor remuneration. Legally, we call it factual labor relations, so there is no question of probation. The rule of factual labor relations in Beijing is that if you want to dismiss, you must also go through the procedure of dissolving the labor contract. What is special here is that if an employee refuses to dismiss, the employer must sign a labor contract with the employee. If the service period of signing a labor contract cannot be agreed through consultation, then the law stipulates that it is one year.

9. I would like to ask the students to break the contract after the signing of the tripartite agreement. Does the school have the right to collect liquidated damages from students at this time?

Lawyer: In the tripartite agreement, both parties have rights and obligations, namely the laborer and the employer. If a student wants to break the contract, unless there is a special agreement between the student and the school, under normal circumstances, the school can't charge the student liquidated damages.

10, the employer applied for a Beijing hukou for me, but at this time, I took a fancy to another company, so I proposed to the original unit to cancel the contract, and they demanded liquidated damages from me on the grounds of applying for a Beijing hukou fee? Is it legal?

Lawyer Shi: Under normal circumstances, if the contract clearly states that the student's registered residence is in Beijing, the expression is similar to: I will register you in Beijing, so how long will you provide me with labor services, and you will have to pay liquidated damages if you violate it ... This can be regarded as special treatment, and the law will support the employer's request for liquidated damages. If this inaccurate statement is special treatment, this agreement has little to do with the payment of liquidated damages. After the student decides to breach the contract, the employer can't ask the student to compensate for the loss. However, if the liquidated damages are agreed, the students still have to bear them.

1 1. I signed a labor contract with an employer in Shanghai. At that time, the terms of Shanghai hukou were stipulated in the terms. However, at the time of formal application, due to the new policy issued by the Shanghai municipal government, the employer no longer meets the requirements of being a registered employee, so now I can't apply for a Shanghai account for myself. In this case, can I sue the employer to fulfill the promise in the contract?

Lawyer Shi: This involves the exemption clause in the contract. This situation is accidental, inevitable and unpredictable. If the policy changes, it is unpredictable and inevitable for enterprises. This is the waiver.

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