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2022-08-11 09:24:58

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㈠ 三方协议违约金一般是多少

法律分析：这个要根据实际情况而定。 三方协议违约金是有上限的，通常违约金不得超过5000元。但是，劳动法规定，对负有保密义务的劳动者，用人单位可以在劳动合同或者保密协议中与劳动者约定竞业限制条款，并约定在解除或者终止劳动合同后，在竞业限制期限内按月给予劳动者经济补偿。劳动者违反竞业限制约定的，应当按照约定向用人单位支付违约金，除上述两种法律规定的情形外，用人单位不得与劳动者约定由劳动者承担违约金。

法律依据：《中华人民共和国民法典》第五百七十七条 当事人一方不履行合同义务或者履行合同义务不符合约定的，应当承担继续履行、采取补救措施或者赔偿损失等违约责任。

《中华人民共和国民法典》第五百八十二条 履行不符合约定的，应当按照当事人的约定承担违约责任。对违约责任没有约定或者约定不明确，依据本法第五百一十条的规定仍不能确定的，受损害方根据标的的性质以及损失的大小，可以合理选择请求对方承担修理、重作、更换、退货、减少价款或者报酬等违约责任。

《中华人民共和国劳动合同法》第二十三条用人单位与劳动者可以在劳动合同中约定保守用人单位的商业秘密和与知识产权相关的保密事项。

对负有保密义务的劳动者，用人单位可以在劳动合同或者保密协议中与劳动者约定竞业限制条款，并约定在解除或者终止劳动合同后，在竞业限制期限内按月给予劳动者经济补偿。劳动者违反竞业限制约定的，应当按照约定向用人单位支付违约金。

㈡ 有关三方协议的毁约问题

三方协议是《全国普通高等学校毕业生就业协议书》的简称，它是明确毕业生、用人单位、学校三方在毕业生就业工作中的权利和义务的书面表现形式，能解决应届毕业生户籍、档案、保险、公积金等一系列相关问题。协议在毕业生到单位报到、用人单位正式接收后自行终止。 三方就业协议书不同于劳动合同。首先，三方就业协议书是国家教育部统一印制的，主要是明确三方的基本情况及要求。三方就业协议书制定的依据是国家关于高校毕业生就业的法规和规定，有效期为：自签约日起至毕业生到用人单位报到止的这一段时间。而劳动合同是受《劳动法》和《合同法》的限定和保护，有些用人单位如许多外企在确定录用时（注：在到用人单位报到前），就同时要求和毕业生签订一份类似劳动合同的协议；而更多的用人单位则要求先签“就业意向书”，毕业生报到后再签订劳动合同。其次，就业协议是三方合同，它涉及学校、用人单位、学生等三方面，三方相互关联但彼此独立；而劳动合同是双方合同，它由劳动者和用人单位两方的权利、义务构成。第三，毕业生签订就业协议时仍然是学生身份，但是签订劳动合同时应当是劳动者身份。劳动合同一经签订，就业协议的效力应当丧失。如果劳动合同与三方协议附件内容矛盾，以劳动合同为准。 [1] 编辑本段意义作用 三方协议一旦签署，就意味着大学生第一份工作就基本确定，因此，应届毕业生要特别注意签约事项。高校就业办一位老师说，大学生签三方协议前，要认真查看用人单位的隶属，国家机关、事业单位、国有企业一般都有人事接收权。民营企业、外资企业则需要经过人事局或人才交流中心的审批才能招收职工，协议书上要签署他们的意见才能有效。应届毕业生还要对不同地方人事主管部门的特殊规定有所了解。[1] 编辑本段注意事项 签劳动合同要注意四个方面，签三方协议要留心五个细节。 大学生签劳动合同一要明确职务和岗位，否则，用人单位会利用调职的方式，变相压迫你主动辞职，不支付任何经济补偿金打发你。二要防止用人单位不断用换岗位的方式，反复延长试用期，因为同一个岗位同一个人不能适用两次试用期，而换岗位就没有限制了。三要在劳动合同中明确最低的工资标准，最好能将年终奖用条款固定下来，作为工资的一部分。由于我国暂时没有对年终奖定性，这个法律空白有可能被用人单位利用，将来成为克扣薪水的一种方式。四要了解用人单位是否给员工办理社会保险。如果没有社保，等于工资减去很多，还不能享受国家和单位的社保福利。 大学生签三方协议首先要看填写的用人单位名称是否与单位的有效印鉴名称一致，如不一致，协议无效；填写自己的专业名称时，要与学校教务处的专业名称一致，不能简写。第二，外企、合资企业、私企一般采用试用期，根据合同期的长度，可以从1―3个月不等，通常试用期为3个月，不得超过6个月。国家机关、高校、研究所一般采用见习期，通常为一年。第三，不少单位为了留住学生，以高额违约金约束学生。学生在协商中要力争将违约金降到最低，通常违约金不得超过5000元。第四，现行的毕业生就业协议属“格式合同”，但“备注”部分允许三方另行约定各自的权利义务。为了防止用人单位承诺一套、做一套，毕业生可将签约前达成的休假、住房、保险等福利待遇在备注栏中说明，如发生纠纷，可以此维护自己合法权利。第五、学生在签订协议时，要严格按照规定的步骤进行。等用人单位填写完毕、盖章后再到学校就业指导中心签证盖章。切忌自己填写完毕后就直接到学校毕业生就业指导中心要求盖章。这样带来的后果是，单位在填写时，工资待遇等与过去承诺的大相径庭。学生却因为自己和学校都已经签字盖章，回天乏力。或者逆来顺受，或者就被迫违约赔偿用人单位 三方协议作为国家统计大学生就业率的一个根据，同时也是国家派遣证发放的一个证明。只有你签署了三方协议，拿回学校，学校才会在你毕业后将派遣证发给你，而你拿着派遣证到你工作的单位报道，就此开始计算工龄，而你也就拥有了干部身份（每年基本6月25日毕业，所以6月18日前必需将三方交到学校）。[1] 编辑本段法律问题三方协议之试用期内常见的劳动纠纷 在毕业生到用人单位报到后，三方协议即告终止，此时用人单位会与其签订一份正式的劳动合同，其中约定了劳动者在单位的试用期限、服务期限、工资待遇及其它各项福利等等事宜，合同签订之后，双方即正式确定了劳动关系。而在上述提到的各项约定内容中，试用期是最容易出现纠纷的阶段。因此，关于试用期的法律问题，提醒毕业生以下几点： （即是说：一般的顺序是先签订三方协议，然后报道时签订劳动合同，在其中规定相关的事宜以及试用期问题。而且，试用期间或结束后如果用人单位拒绝，则它需要列举相关的证据！） 三方协议之试用期时限 试用期是用人单位和劳动者建立劳动关系后为相互了解、选择而约定的不超过六个月的考察期。试用期包括在劳动合同期限中。按照《劳动法》的规定，劳动合同可以约定不超过六个月的试用期。劳动合同期限在六个月以下的，试用期不得超过十五日；劳动合同期限在六个月以上一年以下的，试行期不得超过三十日；劳动合同期限在一年以上两年以下的，试用期不得超过六十日；劳动合同期限在两年以上的，试用期也不得超过六个月。必须强调的是，试用期适用于初次就业或再次就业时改变工作岗位或工种的劳动者，续签劳动合同不得约定违约金。 国家机关、高校、医药研究所、医疗行政部门采用见习期，为一年，试用期采用于企业、公司（包括外企、合资、私企），与医院建立劳动关系的采用试用期。为15日-6个月。见习期可以延长，试用期不能。见习期是具有一定强制力，试用期是双方约定。 三方协议之试用期辞职 试用期之所以称为试用，其含义就在于用人单位和劳动者均可在此期间内考察对方是否符合自己的要求，双方都具有较为自由的解除合同的方式。根据《劳动法》第三十二条之规定，劳动者在试用期内可以随时通知用人单位解除劳动合同（无需提前通知）。 有些用人单位在劳动合同中约定劳动者在试用期解除合同需承担违约责任，这实际上限制了劳动者的解除权，因此这种约定是侵害劳动者的合法权利的行为，对于这种约定条律，法律一般确认为无效。 三方协议之试用期辞退 根据《劳动法》第二十五条规定，劳动者在试用期间被证明不符合录用条件的，用人单位可以解除劳动合同，法律规定得很清楚，用人单位可解除劳动合同的条件是其必须举证证明劳动者在试用期间不符合录用条件。这里毕业生应当明确，用人单位要求解除劳动合同时，举证责任在用人单位，劳动者无需提供自己符合录用条件的证明。 举证责任无疑限制了用人单位解除劳动合同的随意性，用人单位如果没有证据证明劳动者在试用期间不符合录用条件，用人单位就不能解除劳动合同，否则，用人单位需承担因违法解除劳动合同所带来的一切法律后果。 三方协议之两个试用期是否合法 有些用人单位还会第一个试用期过后与劳动者约定第二个试用期，这种情况应该区别对待。如果前后两个试用期都是经过双方协商之后在合同中确定下来，那么，两个试用期相加超过法律规定的试用期上限的，超过不合法，不超过则两个试用期皆为合法。 三方协议之只签试用期合同不签劳动合同？ 劳动者被用人单位录用后，双方可以在劳动合同中约定试用期，试用期应包括在劳动合同期限内，劳动合同是试用期存在的前提条件。不允许只签订试用期合同，而不签订劳动合同。这样签订的试用期合同是无效的，但“试用期”合同的无效，并不导致劳动法对劳动者的保护失效。北京地区就有规定：北京劳动合同管理规定：只签订试用期合同，试用期后用人单位不愿意再签订劳动合同，劳动者可以反推（如试用期一月，可反推合同期为一年，反推依据按《劳动法》关于试用期限的相关规定）。另外《上海劳动合同条例》对此也有特别的规定。 [2]

㈢ 三方协议违约问题

可以控告：
三方协议是《全国普通高等学校毕业生就业协议书》的简称，它是明确毕业生、用人单位、学校三方在毕业生就业工作中的权利和义务的书面表现形式，能解决应届毕业生户籍、档案、保险、公积金等一系列相关问题。协议在毕业生到单位报到、用人单位正式接收后自行终止。
三方协议一旦签署，就意味着大学生第一份工作就基本确定，因此，应届毕业生要特别注意签约事项。高校就业办一位老师说，大学生签三方协议前，要认真查看用人单位的隶属，国家机关、事业单位、国有企业一般都有人事接收权。民营企业、外资企业则需要经过人事局或人才交流中心的审批才能招收职工，协议书上要签署他们的意见才能有效。应届毕业生还要对不同地方人事主管部门的特殊规定有所了解。
三方就业协议书不同于劳动合同。首先，三方就业协议书是国家教育部统一印制的，主要是明确三方的基本情况及要求。三方就业协议书制定的依据是国家关于高校毕业生就业的法规和规定，有效期为：自签约日起至毕业生到用人单位报到止的这一段时间。而劳动合同是受《劳动法》和《合同法》的限定和保护，有些用人单位如许多外企在确定录用时（注：在到用人单位报到前），就同时要求和毕业生签订一份类似劳动合同的协议；而更多的用人单位则要求先签“就业意向书”，毕业生报到后再签订劳动合同。其次，就业协议是三方合同，它涉及学校、用人单位、学生等三方面，三方相互关联但彼此独立；而劳动合同是双方合同，它由劳动者和用人单位两方的权利、义务构成。第三，毕业生签订就业协议时仍然是学生身份，但是签订劳动合同时应当是劳动者身份。劳动合同一经签订，就业协议的效力应当丧失。如果劳动合同与三方协议附件内容矛盾，以劳动合同为准。
签劳动合同要注意四个方面，签三方协议要留心五个细节。
大学生签劳动合同一要明确职务和岗位，否则，用人单位会利用调职的方式，变相压迫你主动辞职，不支付任何经济补偿金打发你。二要防止用人单位不断用换岗位的方式，反复延长试用期，因为同一个岗位同一个人不能适用两次试用期，而换岗位就没有限制了。三要在劳动合同中明确最低的工资标准，最好能将年终奖用条款固定下来，作为工资的一部分。由于我国暂时没有对年终奖定性，这个法律空白有可能被用人单位利用，将来成为克扣薪水的一种方式。四要了解用人单位是否给员工办理社会保险。如果没有社保，等于工资减去很多，还不能享受国家和单位的社保福利。
大学生签三方协议首先要看填写的用人单位名称是否与单位的有效印鉴名称一致，如不一致，协议无效；填写自己的专业名称时，要与学校教务处的专业名称一致，不能简写。第二，外企、合资企业、私企一般采用试用期，根据合同期的长度，可以从1―3个月不等，通常试用期为3个月，不得超过6个月。国家机关、高校、研究所一般采用见习期，通常为一年。第三，不少单位为了留住学生，以高额违约金约束学生。学生在协商中要力争将违约金降到最低，通常违约金不得超过5000元。第四，现行的毕业生就业协议属“格式合同”，但“备注”部分允许三方另行约定各自的权利义务。为了防止用人单位承诺一套、做一套，毕业生可将签约前达成的休假、住房、保险等福利待遇在备注栏中说明，如发生纠纷，可以此维护自己合法权利。第五、学生在签订协议时，要严格按照规定的步骤进行。等用人单位填写完毕、盖章后再到学校就业指导中心签证盖章。切忌自己填写完毕后就直接到学校毕业生就业指导中心要求盖章。这样带来的后果是，单位在填写时，工资待遇等与过去承诺的大相径庭。学生却因为自己和学校都已经签字盖章，无回天 无力。或者逆来顺 受，或者就被迫违约赔偿用人单位 。
三方协议作为国家统计大学生就业率的一个根据，同时也是国家派遣证发放的一个证明。只有你签署了三方协议，拿回学校，学校才会在你毕业后将派遣证发给你，而你拿着派遣证到你工作的单位报道，就此开始计算工龄，而你也就拥有了干部身份（每年基本6月25日毕业，所以6月18日前必需将三方交到学校）。 没有别的办法，只能去原来那个单位退协议，再到想去的新单位签协议，学校更改派遣证，然后到新单位去报到。我们招过很多这样的，更改派遣的。但是，正规的国企不会录用没有派遣证的，你不更改是不行的。有的人会给你出主意，让你不要理原单位，直接到想去的单位报到，我告诉你，那是他不懂，或者是故意给你挖坑。你没有派遣证和协议，连户口、四险一金、劳动就业等记等等都办不了，只能是打工，不是就业。况且，招录已经与别的企业签了协议的学生，可能面临着被起诉的风险，正规的国家单位是不会这样办的，你必须证明你的派遣证是即将就业的单位。就像足球运动员要转会，必须给原单位转会费是一样的，或者是自由身。先到原先的单位解除三方协议，再到学校领取新的三方协议表，与新单位签订，到学校盖章，发派遣证。
简单地讲：你更换单位以后，现单位的工作经历和原单位的工作经历合并作为转正定级的依据，但要原单位出具一个实习鉴定（这个应该不难）。有的单位自己可以办理转正定级，尤其是国企和事业单位，直接就办了；不能办理的，多数是民企和外企，可以由档案管理委托单位办理，如人才中心等。祝你进步！

㈣ 解除三方协议书，需要哪些手续

不需要解约证明，只需要公司把公司保留的那份协议还给你，并在协议上写明协议解除，并加盖公章就行了。

2.拿老协议（公司联加你个人手上的那联），去学校作废老协议，然后学校会给你一份新的三联协议，让你去和新公司签协议。

注意：一定要拿回公司联。且公司联上有解除协议申明加盖公章的，才能和学校换新协议。否则学校不能给你新协议的。

3.大学毕业生进公司一定要签三联就业协议才行，这是大学生就业的特殊程序，企业要有就业协议才能办大学生就业手续。

不签三联单的，直接和公司签劳动合同的话就等于是以社会招聘形式进公司，而不是大学生就业形式。

当然，实质上也没太大不同，主要是国有企业要走程序，私人企业或者外企的话，不签三联单也不是绝对不行。

但是三联单是保护大学生就业的一个程序，当然同时也保护企业招聘大学生，所以80%以上的大学生就业都签三联单的。

三方协议是《普通高等学校毕业生、毕业研究生就业协议书》的简称。

它是明确毕业生、用人单位和学校三方在毕业生就业工作中的权利和义务的书面表现形式，能解决应届毕业生户籍、档案、保险、公积金等一系列相关问题。

三方协议在毕业生到单位报到（凭《全国普通高等学校本专科毕业生就业报到证》或《全国毕业生研究生报到证》）、用人单位正式接收后自行终止。

三方协议一旦签署，就意味着大学生第一份工作就基本确定。因此，应届毕业生要特别注意签约事项。

大学生签三方协议前，须认真查看用人单位的隶属，国家机关、事业单位、国有企业一般都有人事接收权。

民营企业、外资企业则需要经过人事局或人才交流中心的审批才能招收职工，协议书上要签署他们的意见方能有效。应届毕业生还要对不同地方人事主管部门的特殊规定有所了解。

㈤ 如何解除三方不交违约金

法律分析：
视具体情况而定。如果各方就解除协议达成一致意见，就可以解除该协议；如果出现因不可抗力致使不能实现合同目的；或者在履行期限届满之前，当事人一方明确表示或者以自己的行为表明不履行主要债务情况时，也是可以要求解除的。解除三方协议的方式如下：1、学生直接与用人单位进行沟通解约，获得用人单位的理解，由用人单位出具解约函即可解约，或者在用人单位保留的那份协议上写明协议解除，并加盖公章后即可解约；2、学生提出解约后，学校的就业中心按照学生出具原签约企业的解约函或寄回三方协议，作废旧的三方协议，重新给新的三方协议，学生可以重新签约新的公司。

法律依据：
《中华人民共和国劳动合同法》第三十六条 用人单位与劳动者协商一致，可以解除劳动合同。

衍生问题：
解除合同依据有什么？
1、迟延履行。是指债务人能够履行、但在履行期限届满时却未履行债务的现象。它作为合同解除的条件，因合同的性质不同而有不同的限定。
根据合同的性质和当事人意思表示，履行期限在合同的内容上不特别重要时，即使债务人在履行期限届满后履行，也不至于使合同目的落空。在这种情况下，原则上不允许债权人立即解除合同，而由债权人向债务人发出履行催告，给他规定一个宽限期。债务人在该宽限期届满时仍未履行的，债权人有权解除合同。根据合同的性质和当事人的意思表示，履行期限在合同的内容上特别重要，债务人不于此期内履行，就达不到合同目的。在这种情况下，债务人未在履行期限内履行的，债权人可以不经催告而径直解除合同。

㈥ 三方协议怎么解除

如果你想要新的三方协议，肯定得跟之前的公司解除三方协议，拿着旧的三方协议去找学校换新三方，要不然学校是不会给你发新三方协议。并且你得提前问好，学校最多给你提供几份三方。比如我本科学校，只发一份三方，意味着你就不能违约。
底下回答的哥们说的对，三方的确没有法律效应，工作之后还要重新签劳动合同，但是并不意味着就没有用。你要进行校园招聘，用人单位必须和你签三方，三方里面的违约金就是用人单位怕同学违约才加上去的，所以单位就会卡你，不交违约金就不给你解除三方。如果你没有三方，校园招聘的时候公司都不会签你的，难道你要等到毕业之后进行社会招聘？
你最好和公司好好沟通，我估计违约金是肯定要交的，我本科研究生找了两次工作了，还没听说过不交违约金就违约的人。再说你要违约，肯定是找到更好的工作了，不要在乎那点钱，顺利违约然后再签新公司。

㈦ 如何巧妙解除三方协议

1、首先要与原单位取得联系，委婉地说明自己违约的原因，表达想违约的意愿。

注：一般同学回采取电联，在此小编建议可以采取邮件加电联的方式。因为邮件可以作为书面证据，你告知过原单位相关情况。为万一出现的纠纷留好证据。

2、 要求原签约单位出具的解约或违约书面退函。

注：记得一定需加盖单位公章，因为这样才有效;此外，因为原三方上可能约定了违约金的，部分企业会要求你缴纳违约金才肯给你解约函。这时候，你可直接缴纳违约金，获取解约函，或者向原企业“哭穷”“装可怜”减少违约金甚至不交违约金。总之，在此环节内想尽办法拿到盖有单位公章的解约书才是王道!

3、 取得新单位的书面接收函。

注：注意新单位的签约时间，及时和新单位HR联系，了解近况。有不少同学由于原公司拖着不给违约书，导致错过新单位的签约。新单位的书面接收函也需加盖单位公章，因为这样才有效。

4、 将原签约单位的解约函与新单位的签收函交至学校相关部门(一般都是招生就业处)换取新三方。

5、拿新三方与新的单位签约，再将签好盖好章的新三方交至学校与学院。

注：最好留个心和校方核对一下，千万不要出现将档案、报到证弄错成原单位的情况。

㈠ What is the general amount of liquidated damages in a three-party agreement?

Legal analysis: This depends on the actual situation. There is an upper limit for liquidated damages in a three-party agreement, and usually the liquidated damages shall not exceed 5,000 yuan. However, the labor law stipulates that for employees who have the obligation to keep confidentiality, the employer may agree on non-compete clauses with the employee in the labor contract or confidentiality agreement, and agree that after the labor contract is terminated or terminated, within the non-compete period Financial compensation is provided to workers on a monthly basis. If an employee violates the non-compete agreement, he shall pay liquidated damages to the employer as agreed. Except for the circumstances stipulated in the above two laws, the employer shall not agree with the employee that the employee shall bear the liquidated damages.

Legal basis: Article 577 of the Civil Code of the People's Republic of China. If a party fails to perform its contractual obligations or performs its contractual obligations inconsistently with the agreement, it shall be responsible for continuing performance, taking remedial measures or compensating losses, etc. Liability for breach of contract.

Article 582 of the Civil Code of the People's Republic of China If the performance does not conform to the agreement, the parties shall bear liability for breach of contract in accordance with the agreement. If there is no agreement on the liability for breach of contract or the agreement is unclear, and it cannot be determined according to the provisions of Article 510 of this Law, the injured party may reasonably choose to request the other party to bear the responsibility for repair, rework, or replacement based on the nature of the subject matter and the magnitude of the loss. Liabilities for breach of contract such as returns, reduction of price or remuneration, etc.

Article 23 of the "Labor Contract Law of the People's Republic of China" The employer and the employee may agree in the labor contract to keep the employer's business secrets and confidentiality matters related to intellectual property rights.

For employees who have a confidentiality obligation, the employer may agree on non-compete clauses with the employee in the labor contract or confidentiality agreement, and agree that after the labor contract is terminated or terminated, the non-compete period shall be Financial compensation will be given to workers on a monthly basis within the period. If an employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

(ii) Regarding the issue of breach of the tripartite agreement

The tripartite agreement is the abbreviation of the "National General College Graduates Employment Agreement". It clarifies the relationship between graduates, employers and schools. The written expression of the rights and obligations of graduates in employment can solve a series of related issues such as household registration, files, insurance, provident funds, etc. for fresh graduates. The agreement will terminate automatically after the graduates report to the unit and are officially accepted by the employer. A tripartite employment agreement is different from a labor contract. First of all, the tripartite employment agreement is uniformly printed by the Ministry of Education, which mainly clarifies 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. It is valid from the signing date to the period when the graduates report to the employer. Labor contracts are limited and protected by the Labor Law and Contract Law. Some employers, such as many foreign companies, require graduates to sign a similar agreement when confirming employment (note: before reporting to the employer). labor contract agreement; and more employers requireFirst sign the "Letter of Intent for Employment", and then sign the labor contract after the graduates report. Secondly, the employment agreement is a three-party contract, which involves the school, the employer, and the students. The three parties are related but independent of each other; while the labor contract is a two-party contract, which consists of the rights and obligations of the employee and the employer. Third, graduates are still students when signing an employment agreement, but they should be workers when signing a labor contract. Once a labor contract is signed, the validity of the employment agreement shall be lost. If there is any conflict between the labor contract and the attachment to the tripartite agreement, the labor contract shall prevail. [1] Edit the significance of this paragraph. Once the tripartite agreement is signed, it means that college students’ first job is basically confirmed. Therefore, fresh graduates should pay special attention to the signing matters. A teacher from the employment office of a university said that before college students sign a tripartite agreement, they should carefully check the affiliation of the employer. State agencies, institutions, and state-owned enterprises generally have the right to accept personnel. Private enterprises and foreign-funded enterprises need to be approved by the Personnel Bureau or Talent Exchange Center before they can recruit employees, and their opinions must be signed on the agreement to be valid. Fresh graduates also need to understand the special regulations of different local personnel authorities. [1] Notes when editing this paragraph: There are four aspects to pay attention to when signing a labor contract, and five details to pay attention to when signing a tripartite agreement. When college students sign a labor contract, they must clearly define their job title and position. Otherwise, the employer will use job transfer to pressure you to resign voluntarily and send you away without paying any financial compensation. Second, we must prevent employers from constantly changing positions and extending the probation period repeatedly, because the same person in the same position cannot be applied for two probation periods, but there is no restriction on changing positions. Third, the minimum wage standard must be clarified in the labor contract. It is best to fix the year-end bonus terms as part of the wage. Since our country has not defined the year-end bonus for the time being, this legal gap may be exploited by employers and become a way to withhold wages in the future. Fourth, you need to know whether the employer provides social insurance for its employees. Without social security, your salary will be reduced a lot, and you will not be able to enjoy the social security benefits from the state and your employer. When college students sign a tripartite agreement, they must first check whether the name of the employer they fill in is consistent with the effective seal name of the unit. If it is inconsistent, the agreement will be invalid; when filling in their professional name, it must be consistent with the professional name of the school's Academic Affairs Office and cannot be abbreviated. Second, foreign companies, joint ventures, and private companies generally use a probation period, which can range from 1 to 3 months depending on the length of the contract period. Usually the probation period is 3 months and cannot exceed 6 months. State agencies, universities, and research institutes generally adopt a probationary period, usually one year. Third, in order to retain students, many units impose high penalties on students. Students should strive to minimize liquidated damages during negotiations, and usually liquidated damages should not exceed 5,000 yuan. Fourth, the current graduate employment agreement is a "formal contract", but the "remarks" section allows the three parties to separately agree on their respective rights and obligations. In order to prevent the employer from promising one thing and doing another, graduates can explain in the remarks column the benefits such as vacation, housing, insurance, etc. agreed before signing the contract. If a dispute arises, this can be maintained.Protect your legal rights. Fifth, students must strictly follow the prescribed steps when signing the agreement. After the employer has completed filling out and stamping the form, go to the school employment guidance center to have your visa stamped. Do not go directly to the school graduate employment guidance center to ask for a stamp after filling it out. The consequence of this is that when the unit fills out the form, the salary and benefits are very different from what was promised in the past. However, since both themselves and the school have already signed and stamped their signatures, the students are unable to make a comeback. Either you accept the situation, or you are forced to compensate the employer for breach of contract. The tripartite agreement serves as a basis for national statistics on the employment rate of college students, and is also a proof of the issuance of national dispatch certificates. Only if you sign the tripartite agreement and take it back to the school, the school will issue you a dispatch certificate after you graduate, and you will take the dispatch certificate to report to the unit where you work. From then on, the calculation of seniority will begin, and you will have a cadre Identity (Graduation is basically on June 25th every year, so the three parties must be submitted to the school before June 18th). [1] Edit this paragraph Legal issues Common labor disputes during the probation period of the tripartite agreement: After the graduate reports to the employer, the tripartite agreement will be terminated. At this time, the employer will sign a formal labor contract with the graduate, which stipulates After the contract is signed, the two parties will formally determine the labor relationship regarding the employee's probation period, service period, wages, and other benefits in the unit. Among the various agreements mentioned above, the probation period is the stage where disputes are most likely to arise. Therefore, regarding the legal issues of the probation period, graduates are reminded of the following points: (That is to say: the general sequence is to sign a tripartite agreement first, and then sign a labor contract when reporting, which stipulates relevant matters and probation issues. Moreover, If the employer refuses during or after the probation period, it needs to cite relevant evidence!) Tripartite Agreement Probation Period Time Limit The probation period is a period of no more than six months agreed upon by the employer and the employee for mutual understanding and selection after the establishment of the labor relationship. inspection period. The probation period is included in the labor contract term. According to the provisions of the Labor Law, the labor contract may stipulate a probation period of no more than six months. If the labor contract term is less than six months, the probation period shall not exceed 15 days; if the labor contract term is more than six months but less than one year, the trial period shall not exceed 30 days; if the labor contract term is more than one year but less than two years, the probation period shall not exceed 30 days. , the probation period shall not exceed sixty days; if the labor contract period is more than two years, the probation period shall not exceed six months. It must be emphasized that the probation period applies to workers who change their jobs or types of work when they are first employed or re-employed, and liquidated damages cannot be stipulated in the renewal of the labor contract. State agencies, universities, medical research institutes, and medical administrative departments adopt a probation period of one year. The probation period is adopted by enterprises and companies (including foreign enterprises, joint ventures, and private enterprises) that establish labor relations with hospitals. For 15 days-6 months. The apprenticeship period can be extended, but the probation period cannot. The probationary period is mandatory, and the probationary period is agreed upon by both parties. Resignation during the probation period of the tripartite agreement. The probation period is called probation. The meaning is that both the employer and the employee can inspect whether the other party meets their requirements during this period.It is required that both parties have a relatively free way to terminate the contract. According to the provisions of Article 32 of the Labor Law, employees may notify the employer to terminate the labor contract at any time during the probation period (no prior notice is required). Some employers stipulate in the labor contract that employees shall bear liability for breach of contract if they terminate the contract during the probation period. This actually limits the employee's right to terminate. Therefore, such an agreement is an infringement of the employee's legal rights. For this kind of agreement, Law, the law is generally recognized as invalid. Dismissal during the probation period according to the tripartite agreement. According to Article 25 of the Labor Law, if the employee is proven not to meet the employment conditions during the probation period, the employer can terminate the labor contract. The law stipulates very clearly that the employer can terminate the labor contract. The condition is that it must provide evidence to prove that the employee does not meet the employment conditions during the probation period. Here graduates should be clear that when the employer requests to terminate the labor contract, the burden of proof lies with the employer, and the employee does not need to provide proof that he meets the employment conditions. The burden of proof undoubtedly limits the employer's arbitrariness in terminating 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 the consequences of illegal termination of the labor contract. all legal consequences. Is the two probation periods in a tripartite agreement legal? Some employers will also agree with the employee on a second probation period after the first probation period. This situation should be treated differently. If the two probation periods before and after are determined in the contract after negotiation between the two parties, then if the sum of the two probation periods exceeds the upper limit of the probation period stipulated by law, the excess will be illegal. If it does not exceed, both probation periods will be legal. In the tripartite agreement, only a trial period contract is signed and no labor contract is signed? After the employee is hired by the employer, both parties can agree on a probation period in the labor contract. The probation period should be included in the term of the labor contract. The labor contract is a prerequisite for the existence of the probation period. It is not allowed to sign a trial period contract without signing a labor contract. The probation period contract signed in this way is invalid, but the invalidity of the "probation period" contract does not invalidate the protection of workers under the labor law. There are regulations in Beijing: Beijing Labor Contract Management Regulations: Only a probation period contract is signed. If the employer is unwilling to sign a labor contract after the probation period, the employee can back off (for example, the probation period is one month, and the contract period can be back on to one year). , the basis for deduction shall be based on the relevant provisions of the Labor Law on the probation period). In addition, the "Shanghai Labor Contract Regulations" also have special provisions on this. [2]

ㅢ Issues of breach of contract in the tripartite agreement

You can sue:
The tripartite agreement is the abbreviation of the "National Employment Agreement for Graduates of General Colleges and Universities". It clearly states that graduates It is a written expression of the rights and obligations of students, employers, and schools in the employment of graduates, and can solve a series of related issues such as household registration, files, insurance, and provident funds for fresh graduates. The agreement will terminate automatically after the graduates report to the unit and are officially accepted by the employer.
Once the tripartite agreement is signed, it means that college students’ first job is basically confirmed., Therefore, fresh graduates should pay special attention to signing matters. A teacher from the employment office of a university said that before college students sign a tripartite agreement, they should carefully check the affiliation of the employer. State agencies, institutions, and state-owned enterprises generally have the right to accept personnel. Private enterprises and foreign-funded enterprises need to be approved by the Personnel Bureau or Talent Exchange Center before they can recruit employees, and their opinions must be signed on the agreement to be valid. Fresh graduates also need to understand the special regulations of different local personnel authorities.
A tripartite employment agreement is different from a labor contract. First of all, the tripartite employment agreement is uniformly printed by the Ministry of Education, which mainly clarifies 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. It is valid from the signing date to the period when the graduates report to the employer. Labor contracts are limited and protected by the Labor Law and Contract Law. Some employers, such as many foreign companies, require graduates to sign a similar agreement when confirming employment (note: before reporting to the employer). Labor contract agreement; while more employers require that graduates sign an "Employment Intent" first, and then sign a labor contract after graduates report. Secondly, the employment agreement is a three-party contract, which involves the school, the employer, and the students. The three parties are related but independent of each other; while the labor contract is a two-party contract, which consists of the rights and obligations of the employee and the employer. Third, graduates are still students when signing an employment agreement, but they should be workers when signing a labor contract. Once a labor contract is signed, the validity of the employment agreement shall be lost. If there is any conflict between the labor contract and the attachment to the tripartite agreement, the labor contract shall prevail.
When signing a labor contract, you should pay attention to four aspects, and when signing a tripartite agreement, you should pay attention to five details.
When college students sign a labor contract, they must clearly define their job title and position. Otherwise, the employer will use job transfer to pressure you to resign voluntarily and send you away without paying any financial compensation. Second, we must prevent employers from constantly changing positions and extending the probation period repeatedly, because the same person in the same position cannot be applied for two probation periods, but there is no restriction on changing positions. Third, the minimum wage standard must be clarified in the labor contract. It is best to fix the year-end bonus terms as part of the wage. Since our country has not defined the year-end bonus for the time being, this legal gap may be exploited by employers and become a way to withhold wages in the future. Fourth, you need to know whether the employer provides social insurance for its employees. Without social security, your salary will be reduced a lot, and you will not be able to enjoy the social security benefits from the state and your employer.
When college students sign a tripartite agreement, they must first check whether the name of the employer they fill in is consistent with the effective seal name of the unit. If it is inconsistent, the agreement is invalid; when filling in their professional name, it must be consistent with the professional name of the school’s Academic Affairs Office and cannot be abbreviated. . Second, foreign companies, joint ventures, and private companies generally use a probation period, which can range from 1 to 3 months depending on the length of the contract period. Usually the probation period is 3 months and cannot exceed 6 months. Generally adopted by state agencies, universities and research institutesThe apprenticeship period is usually one year. Third, in order to retain students, many units impose high penalties on students. Students should strive to minimize liquidated damages during negotiations, and usually liquidated damages should not exceed 5,000 yuan. Fourth, the current graduate employment agreement is a "formal contract", but the "remarks" section allows the three parties to separately agree on their respective rights and obligations. In order to prevent the employer from promising one thing but doing another, graduates can explain in the remarks column the benefits such as vacation, housing, insurance, etc. agreed before signing the contract. If a dispute arises, they can use this to safeguard their legal rights. Fifth, students must strictly follow the prescribed steps when signing the agreement. After the employer has completed filling out and stamping the form, go to the school employment guidance center to have your visa stamped. Do not go directly to the school graduate employment guidance center to ask for a stamp after filling it out. The consequence of this is that when the unit fills out the form, the salary and benefits are very different from what was promised in the past. However, because both themselves and the school have signed and stamped their signatures, the students are helpless. Either they accept the situation, or they are forced to compensate the employer for breach of contract.
The tripartite agreement serves as a basis for national statistics on the employment rate of college students, and is also a proof of the issuance of national dispatch certificates. Only if you sign the tripartite agreement and take it back to the school, the school will issue you a dispatch certificate after you graduate, and you will take the dispatch certificate to report to the unit where you work. From then on, the calculation of seniority will begin, and you will have a cadre Identity (Graduation is basically on June 25th every year, so the three parties must be submitted to the school before June 18th). There is no other way but to go to the original unit to cancel the agreement, sign the agreement at the new unit where you want to go, change the dispatch certificate from the school, and then report to the new unit. We have recruited many such people who changed their dispatch. However, formal state-owned enterprises will not hire anyone without a dispatch certificate, and it won't work if you don't change it. Some people will give you advice and ask you to ignore your current employer and report directly to the one you want to go to. Let me tell you, that’s because they don’t understand, or they are deliberately digging a hole for you. If you don’t have a dispatch certificate and agreement, you can’t even apply for household registration, four insurances and one fund, labor and employment records, etc. You can only work, not be employed. Moreover, recruiting students who have signed agreements with other companies may face the risk of being sued. Regular national units will not do this. You must prove that your dispatch certificate is for the unit where you are about to be employed. Just like if a football player wants to transfer, he must pay the same transfer fee to the original unit, or he must be a free agent. First go to the original unit to terminate the tripartite agreement, then go to the school to get a new tripartite agreement form, sign it with the new unit, go to the school to have it stamped, and issue a dispatch certificate.
To put it simply: after you change companies, the work experience in the current company and the work experience in the original company will be combined as the basis for regularization and grading, but the original company will need to issue an internship appraisal (this should not be difficult). Some units can handle the formalization and classification themselves, especially state-owned enterprises and public institutions, which can be done directly; those that cannot, mostly private and foreign companies, can be handled by archive management entrusted units, such as talent centers, etc. I wish you progress!

㈣ What procedures are required to terminate the tripartite agreement

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No certificate of termination is required. You only need the company to return the copy of the agreement that the company has retained to you, and write on the agreement that the agreement has been terminated, and stamp it with the official seal.

2. Take the old agreement (the company copy plus the one you have personally), go to the school to cancel the old agreement, and then the school will give you a new triple agreement and let you go Sign an agreement with the new company.

Note: Be sure to get the company link back. Only if there is a statement of termination of the agreement with the official seal on the company's copy, the agreement can be renewed with the school. Otherwise, the school cannot give you a new agreement.

3. College graduates must sign a Sanlian employment agreement before joining the company. This is a special procedure for the employment of college students. Enterprises must have an employment agreement before they can handle the employment procedures for college students.

For those who do not sign the triplex, if they sign a labor contract directly with the company, it will be equivalent to joining the company through social recruitment, rather than employment as a college student.

Of course, there is not much difference in essence. The main thing is that state-owned enterprises have to go through procedures. For private companies or foreign companies, it is not absolutely impossible not to sign the triple bill.

However, the triplex is a procedure to protect the employment of college students. Of course, it also protects companies from recruiting college students, so more than 80% of college students who are employed sign the triplex.

The tripartite agreement is the abbreviation of "Employment Agreement for Graduates of General Colleges and Universities and Graduate Students."

It is a written expression that clarifies the rights and obligations of graduates, employers and schools in the employment of graduates. It can solve a series of related issues such as household registration, files, insurance, provident fund and so on for fresh graduates. .

The tripartite agreement will terminate automatically when the graduates report to the unit (with the "National College and Universities Undergraduate and College Graduates Employment Registration Certificate" or the "National Graduate and Postgraduate Registration Certificate") and the employer formally accepts them.

Once the tripartite agreement is signed, it means that the first job of the college students is basically confirmed. Therefore, fresh graduates should pay special attention to signing matters.

Before signing a tripartite agreement, college students must carefully check the affiliation of the employer. State agencies, public institutions, and state-owned enterprises generally have the right to accept personnel.

Private enterprises and foreign-funded enterprises need to be approved by the Personnel Bureau or Talent Exchange Center before they can recruit employees, and their opinions must be signed on the agreement to be valid. Fresh graduates also need to understand the special regulations of different local personnel authorities.

㈤ How to relieve the three parties from not paying liquidated damages

Legal analysis:
Depends on the specific circumstances. If the parties reach an agreement on the termination of the agreement, the agreement can be terminated; if the purpose of the contract cannot be achieved due to force majeure; or before the expiration of the performance period, one of the parties expressly expresses or shows by its own behavior that it will not perform the main debt. Can request to be lifted. The ways to terminate the tripartite agreement are as follows:Next: 1. The student communicates directly with the employer to terminate the contract and obtains the employer’s understanding. The employer can terminate the contract by issuing a letter of termination, or write the termination of the agreement on the agreement retained by the employer and stamp it with the official seal. The contract can be terminated; 2. After the student proposes to terminate the contract, the school's employment center will issue a termination letter from the original contracting company or return the three-party agreement to the student, void the old three-party agreement, and issue a new three-party agreement, and the student can re-sign with a new company.

Legal basis:
Article 36 of the "Labor Contract Law of the People's Republic of China" The employer and the employee may terminate the labor contract if they reach consensus through consultation.

Derived questions:
What is the basis for rescinding the contract?
1. Delay in performance. It refers to the phenomenon that the debtor is able to perform but fails to perform the debt when the performance period expires. As a condition for rescission of the contract, it has different limitations depending on the nature of the contract.
According to the nature of the contract and the intention of the parties, when the performance period is not particularly important in the content of the contract, even if the debtor performs after the expiration of the performance period, it will not defeat the purpose of the contract. In this case, in principle, the creditor is not allowed to terminate the contract immediately. Instead, the creditor sends a demand for performance to the debtor and provides him with a grace period. If the debtor fails to perform at the expiration of the grace period, the creditor has the right to terminate the contract. According to the nature of the contract and the intention of the parties, the performance period is particularly important in the content of the contract. If the debtor does not perform within this period, the purpose of the contract will not be achieved. In this case, if the debtor fails to perform within the performance period, the creditor may terminate the contract without reminder.

㈥ How to terminate the three-party agreement

If you want a new three-party agreement, you must terminate the three-party agreement with your previous company, and take the old three-party agreement to the school to exchange for a new one. , otherwise the school will not issue you a new tripartite agreement. And you have to ask in advance, the school will provide you with a maximum number of tripartite copies. For example, my undergraduate school only issues one tripartite document, which means you cannot breach the contract.
The guy who answered below is right. The three parties do have no legal effect. After work, you have to sign a new labor contract, but it does not mean that it is useless. If you want to conduct on-campus recruitment, the employer must sign a three-party contract with you. The liquidated damages in the three-party contract are added by the employer because they are afraid that your classmates will breach the contract, so the employer will block you and will not release you from the three-party contract unless you pay the liquidated damages. If you don’t have a third party, the company won’t sign you during campus recruitment. Do you have to wait until you graduate to do social recruitment?
You'd better communicate with the company. I guess liquidated damages will definitely have to be paid. I have looked for jobs twice as an undergraduate and graduate student, and I have never heard of anyone breaking the contract without paying liquidated damages. Besides, if you want to break the contract, you must have found a better job. Don't worry about the money, break the contract smoothly and then sign a new company.

㈦ How to skillfully terminate a three-party agreement

1. First, you must contact the original unit, tactfully explain the reasons for your breach of contract, and express your intention to breach the contract.

Note: Most students will contact you by phone. Here, the editor recommends that you use email plus phone call. Because the email can be used as written evidence that you informed the original unit of the relevant situation. Keep evidence in case of disputes.

2. Request a written letter of termination or breach of contract from the original contracting unit.

Note: Remember to affix the official seal of the unit, because it will be valid; in addition, because the original three parties may have agreed on liquidated damages, some companies will require you to pay liquidated damages before they will give you a termination letter. At this time, you can directly pay the liquidated damages and obtain a termination letter, or you can "cry out" or "pretend to be pitiful" to the original company to reduce the liquidated damages or even not pay the liquidated damages. In short, the best way to get the termination letter with the official seal of the unit is to try every means during this link!

3. Obtain a written acceptance letter from the new unit.

Note: Pay attention to the signing time of the new unit, and contact the HR of the new unit promptly to learn about the current situation. Many students missed out on signing contracts with their new units because their original company delayed in issuing a breach of contract letter. The written acceptance letter from the new unit must also be stamped with the unit's official seal, because it is valid.

4. Submit the termination letter from the original contracting unit and the signature letter from the new unit to the relevant department of the school (usually the Admissions and Employment Department) in exchange for a new third party.

5. Get the new three parties to sign a contract with the new unit, and then hand the signed and stamped new three parties to the school and college.

Note: It is best to check with the school to avoid mistaking files and registration cards for the original unit.