The employment agreement is a written contract formulated by the department of College Students of the Ministry of Education to sign employment agreements for college graduates during employment. The content mainly reflects the graduates and opinions, the employer's situation and opinions, and the school's opinions. The agreement only refers to a written contract in which students go to the employer to work after graduation. The visa department of the Graduate Employment Agreement is the personnel allocation Department of all levels of counties and municipalities.
A labor contract refers to an agreement in which a laborer establishes a labor relationship with an enterprise, an enterprise, or another employer, and clarifies the rights and obligations of both parties. The labor contract is concluded in writing in accordance with the provisions of the Labor Law, which contains the contract term, work content, labor protection and labor conditions, labor remuneration, labor discipline, contract termination, and other terms, it is legally binding on both parties. The visa authority for the labor contract is the department of labor administration at all levels.
The employment agreement only establishes the labor relationship between graduates and employers, and the labor contract further establishes the rights and obligations of both parties. Therefore, graduates should never think that it is all right if they sign an agreement with the employer, and they should sign a labor contract with the employer in a timely manner after reporting. In order to better clarify the rights and obligations of both parties, graduates can understand the content of the labor contract when signing the employment agreement, especially the terms such as the work year limit and treatment, graduates can also ask recruiters for samples or copies.
Before a graduate signs a labor contract with an employer, the employment agreement cannot be ignored. Because the employment of college graduates is implemented by personnel allocation departments at all levels within the specified time. Graduates should go to the county or Municipal Personnel Bureau of the employer to apply for the "graduate Registration Permit" issued by the school and the "employment agreement" signed by the school, and report to the specific employer by issuing the "Administrative letter of introduction". At this time, the graduates have the ability to mobilize cadres. Otherwise, graduates do not have the ability to mobilize cadres, which may affect the evaluation of technical titles, promotions, social endowment insurance, and retirement years.
How to sign a labor agreement for yinggai
(1) understand different protocols
The tripartite agreement is an agreement that fresh graduates must sign when they are in employment for the first time. It is called the tripartite agreement. The agreement defines the rights and obligations of the three parties, including student reporting, school dispatch, reception by the organization, and so on.
The labor contract is an agreement between the employer and the laborer to establish labor relations and clarify the rights and obligations of both parties. Labor contracts concluded in accordance with labor laws and regulations such as the Labor Law are protected by national laws and are binding upon the parties that have entered into the contract. This is the direct evidence and basis for handling labor disputes. The labor contract is reviewed by the Labor Bureau.
The "service agreement" is an agreement that must be signed when fresh graduates from Beijing are employed in Beijing. The agreement is signed by the students themselves and the organizations the students want to go to, and reviewed by the Personnel Bureau.
(2) how to sign a tripartite agreement
1. the tripartite agreement is an agreement signed between graduates, employers and schools on the employment direction of students. It takes effect after being signed by the three parties. Binding on all three parties. After two-way selection, graduates and employers must sign the college graduates and graduates employment agreement issued by the school. Other employment agreements signed between graduates and employers are invalid.
2. the employment agreement shall be terminated after the graduates report to the enterprise and the employer officially accepts the employment agreement. Employment Agreement is a written expression that clarifies the rights and obligations of graduates, employers, and schools in the employment of graduates. (The labor contract is the legal basis for the position, treatment, and related rights and obligations of graduates after they take up their posts ).
3. The subject and legal principles of employment agreements. The parties that sign the employment agreement must be legally qualified as subjects. For graduates, they must be eligible for graduation. If a graduate is not eligible for graduation at the time of dispatch, the employer may refuse to accept the offer and shall not assume legal liability.
4. When entering the name of the employer, be sure to check whether the name is consistent with that on the valid seal of the organization. If the name is inconsistent, the agreement is invalid.
5. When entering the name of your major, the name must be the same as that of the Academic Affairs Office.
6. trial period and trial period. Foreign companies, joint ventures, and private enterprises generally adopt the trial period. The length of the contract period may vary from 1 to 3 months. Generally, the trial period is three months and cannot exceed 6 months. State organs, universities, and research institutes generally adopt the trial period, usually one year. The trial period and the trial period only take one of them and divide the other.
7. liquidated damages. The students and employers agree. Many organizations impose high liquidated damages on students to "retain" their students. Students should strive to minimize liquidated damages during negotiation. Generally, liquidated damages cannot exceed 5000 yuan.
8. The current employment agreement for graduates is a "format contract", but the "Remarks" section allows the three parties to separately agree on their respective rights and obligations. In order to prevent employers from committing a set of commitments and doing a set of actions, graduates can describe the leave, housing, insurance, and other benefits reached before signing the contract in the remarks column. In the event of a dispute, you can prove your legal rights to the court in a timely manner.
9. Students must strictly follow the prescribed steps when signing the "Agreement. After the employer has filled out and stamped it, go to the school employment guidance center to verify and stamp it. Some students are lazy. after entering the information, they directly go to the Graduate Employment Guidance Center to request stamp. The consequence is that when the unit is filled in, the salary and treatment are very different from those promised in the past. Students are not satisfied, but because they and the school have signed and stamped, they are unable to go back to Heaven. If you do not want to accept the agreement, you will be forced to default and compensate the employer.
(3) considerations when signing a tripartite agreement
It is not easy to get a job or a job, so you may be "just", so that the ignored details disrupt your mood after entering the workplace. After hearing this, Zhuge Liang helps you prevent potential harm to you. Symptom 1: The wages have shrunk.
The amount of wages actually received by many students after entering the Organization is greatly reduced compared with the amount written in the agreement, because the company deducts the relevant fees according to law. Some students are so angry that they want to change jobs, but they are hesitant because of the employment agreement or the liquidated damages on the labor contract. In fact, the full communication with employers before signing the employment agreement can completely avoid such troubles.
Ask a few questions:
1. Whether your salary is pre-tax or post-tax. The pre-tax salary includes the personal income tax that you should bear according to law. The actual salary you get must be deducted from the personal income tax amount. If the employer promises to pay your post-tax salary, it is recommended that you ask the employer to make it clear in the employment agreement. Otherwise, it will be deemed as a pre-tax salary in the event of a dispute.
2. Clarify the social insurance paid by the employer, that is, whether the employer will pay "City insurance" or "town insurance" for you ". In the case of "town insurance", you do not have to deduct the personal burden from your salary. If it is "City insurance", you should confirm with the employer whether your salary contains the personal part of the social insurance fund.
If the employer promises to assume part of the individual's social insurance, it is recommended that the employer clarify in the employment agreement.
3. Check whether your salary includes the housing provident fund. The personal burden of your Provident Fund is calculated based on 7% of your first month's salary after your employment. If there is no clear agreement, your salary generally includes the individual burden of the housing provident fund, and the employer will deduct the withholding fee when paying the salary.
(4) guard against six types of labor contracts
In response to the increasing number of violations of workers' rights and interests in the labor contract, the Liaoning Provincial Department of Labor and Social Security reminded the majority of job seekers yesterday to guard against six traps in the labor contract. In any of the following circumstances in the labor contract, the employee may refuse to sign the agreement or report it to the Labor Department.
1. overlord contract: In some labor contracts, the words "determined by Party A" and "executed in accordance with Party A's relevant provisions" are provided. These terms are only from the perspective of the employer, however, job seekers are placed in a passive subordinate position.
2. "Deposit Contract": some employers use various names in the labor contract to collect risk funds, deposits, and collateral from job seekers. Once a job seeker voluntarily asks to leave the employer, it is very difficult to return the collateral.
3. "dark box contract": some employers do not negotiate with the workers or explain the contract content to the workers when signing the labor contract. In the contract, the rights of the employer and the obligations of the worker are defined only based on the interests of the enterprise, and the obligations of the employer and the rights of the worker are rarely or not involved at all.
4. "Life Contract": some employers engaged in risky work do not fulfill their life safety obligations in accordance with the relevant provisions of the Labor Law, and propose such clauses as "no liability for work injury, in order to get rid of the responsibility of the employer.
5. "selling contract": some employers propose in the labor contract that job seekers cannot change to a company in the same industry within a few years, or all actions of job seekers must follow the employer's arrangements and other content infringing the rights of workers.
6. "Double-sided contract": some employers have prepared at least two contracts, one of which is a false contract and the content is fully signed in accordance with the requirements of the relevant departments to cope with the inspection by the relevant departments, it may not be executed in the labor process. The actual execution may be another contract.
(5) Considerations for Labor Contract Signing
1. Probation, apprenticeship, and apprenticeship
The probation period is the verification period agreed upon mutual understanding and selection between the employer and the worker after establishing a labor relationship. It is applicable to the worker who changes his or her job position or type of work in the first or second employment period. During the trial period, the worker can notify the employer at any time to terminate the labor contract. According to the relevant provisions of the original Ministry of Labor, graduates of colleges and technical schools are assigned to employers for a new period of one year. During the period of study, a trial period of no more than half a year may be executed.
The probation period is part of the term of the labor contract. It is illegal for the employer to refuse to sign the labor contract or assume obligations on the grounds of the probation period. The probation period stipulated in the labor contract shall be within the contract period and shall not exceed six months. At the same time, the extension or shortening of the probation period is a change agreed upon by both parties, including changes to other terms of the labor contract, which shall be agreed by both parties. If neither party accepts the change, the performance shall be continued in accordance with the original agreement, except as otherwise provided by laws and regulations. The same employee who does not change his or her job position can only try the job once. The exception to this restriction is that the employer can try or try the job according to the rules and regulations of the employer if the employee is not competent for the job. According to the notice, if the term of the labor contract is less than six months, the probation period shall not exceed 15 days. If the term of the labor contract is more than six months and less than one year, the probation period shall not exceed 30 days. If the labor contract period is more than one year and less than two years, the probation period shall not exceed 60 days.
The study period is a system for business adaptation and assessment of recent graduates in China. It is suitable for employers to recruit new graduates. If the trainee is qualified during the probation period, the employee will be handed over to the Probation formalities and be assessed as a professional title. If the trainee's requirements are not met during the probation period, the probation period may be extended for six months to one year or the wage standard may be lowered, if the performance is particularly bad, the employer may be dismissed.
In practice, the apprenticeship is similar to the apprenticeship. It only targets different groups of people. It mainly refers to the pre-job training during factory recruitment. According to the relevant regulations formulated by the Ministry of Labor in 1996, apprenticeship is a Training Method for new recruits who enter certain jobs to familiarize themselves with the business and improve work skills. After the labor contract system is implemented, this training method should continue to be used and should be implemented according to the time limit specified by the technical level standard.
The probation period and apprenticeship period are included in the labor contract period. The probation period and apprenticeship period can be both agreed upon, but the probation period cannot exceed half a year
2. Salary and training fee
Salary: The labor remuneration includes the salary during the probation period, which is determined by the employer and the laborer through agreement, but should not be lower than the statutory standard, that is, the local minimum wage.
Training fee: on the premise that the employer provides certain special treatment for specific workers, the employer may agree with the workers who enjoy these special treatment for a supplementary period, that is, the service period. During this period, the employee is not allowed to change jobs at will; otherwise, the employee is liable for breach of contract. These special treatments are usually provided at a certain cost, and these special treatments are not generally provided to other workers.
During the trial period, the organization has contributed to various types of technical training. If you resign during the trial period, the organization shall not request to pay the training fee. If you resign after the trial period expires, you shall assume the liability for breach of contract as agreed.
3. How to sign a contract with a foreign company
According to China's current laws, foreign companies must apply for recruitment of Chinese employees through a State-authorized foreign service agency. That is to say, the legal employer can only be a foreign service agency in China, and employees can only sign labor contracts with these institutions before they "send" to foreign companies for work. If a Chinese citizen bypasses a Foreign Service Agency and directly signs a labor contract with a foreign company, the China labor dispute arbitration commission and the People's Court will not accept the dispute. The reason is simple: the Labor Law of the People's Republic of China and the labor dispute handling regulations of the People's Republic of China only apply to enterprises within the People's Republic of China and workers who establish labor relations with them. Foreign companies are not listed here.
4. Resignation and dismissal
The difference between resignation and dismissal is who proposes to terminate the labor contract. The employee voluntarily proposes to terminate the labor contract, and the employer voluntarily proposes to terminate the labor contract. According to the Labor Law and the relevant provisions of the Ministry of Labor, the employer shall pay economic compensation to the worker if the labor contract is terminated according to law. However, if the employee voluntarily resigned, the employer may not pay the financial compensation.
5. What should I do in the event of a Labor debate?
After a labor dispute arises, the party initiating the Labor Arbitration shall, within 60 days from the date of occurrence of the labor dispute, file an arbitration application with the labor dispute arbitration commission at the place of labor wage relations. If the labor arbitration award is not accepted, it shall be sued in the people's court within 15 days after receiving the Labor Arbitration Award. The date of occurrence of a labor dispute refers to the day on which the parties know or should know that the right has been infringed. If the arbitration period is exceeded, the parties will lose the right to win. In other words, unless the other party is willing to take responsibility, the rights of the parties shall not be fulfilled.
Notes on employment agreement signing for Graduates
1. Registration Card
"Registration Certificate", full name of "general higher education graduates employment registration certificate", is included in the National Employment Plan can also be held for a lifetime valid registration documents. The main functions of "Registration" include:
(1) Certificates reported to the receiving unit; (2) certificates that certified graduates are students included in the unified national enrollment plan; (3) certificates for handling personnel files, household registration migration, and other procedures; (4) Proof that the graduates are eligible for graduation; (5) proof archived by the talent service organization.
Ii. trial period and trial period
The Labor Law stipulates that the probation period shall not exceed six months. The provisions of the Shanghai Labor Contract Regulations stipulate that the probation period must be consistent with the labor contract period, specifically:
If the term of the labor contract is less than six months, a trial period cannot be set up. If the term of the labor contract is less than six months and less than one year, the trial period cannot exceed one month; if the term of the labor contract is less than three years, the probation period shall not exceed three months. The term of the labor contract shall be more than three years, and the probation period shall not exceed six months.
Article 32nd of the Labor Law stipulates that graduates can notify the employer to terminate the labor contract at any time during the probation period, without any reason or liability for breach of contract.
Article 25th of the Labor Law stipulates that the employer can terminate the labor contract at any time only when graduates are "certified not to meet the recruitment conditions of the Organization" during the probation period.
The trial period refers to the period of probation and study conducted by the State in accordance with the relevant regulations on colleges and universities. The probation period refers to the agreed terms of the labor contract, it refers to the period of study agreed upon by the employer and graduates for mutual understanding and selection after establishing a labor relationship.
Differences between the trial period and the trial period:
1. The term is different. The trial period generally lasts for more than one year, and the trial period cannot exceed six months.
2. Different objects are used. The study period is specifically applicable to graduates of colleges and universities. It is an assessment period formulated before the graduation of junior college students is compiled by State cadres.
3. the binding force of both parties is different. The study period is only binding on graduates, but graduates have no corresponding rights.
4. Legal efficiency is different. The trial period is mandatory, and the trial period is not mandatory.
Therefore, when signing an employment agreement, graduates must determine whether they are using the trial period or the trial period.
Iii. Termination of Labor Contract
The employer terminates the contract:
(1) the right to terminate the labor contract, and the opinions of the workers who do not need to be certified do not have to perform special procedures, and there is no economic compensation problem:
1. Those who have been proved to be ineligible for employment during the trial period;
2. Seriously violating labor discipline or the rules and regulations of the employer;
3. serious dereliction of duty, illegal operation, and major damage to the interests of the employer;
4. criminal liability shall be investigated in accordance with law.
(2) The employer shall notify the employee in writing thirty days in advance:
1. If a worker suffers illness or is not injured on a public basis, the employee shall not engage in his or her original work after the expiration of the medical treatment period, nor shall he or she engage in work separately arranged by the employer;
2. The worker is not competent for the job. After training or adjusting the job title, the worker is still not competent for the job;
3. When a labor contract is concluded, the objective situation on which it is based has undergone significant changes, resulting in the failure to perform the original labor contract. If the parties perform business, they cannot reach an agreement on the change of the labor contract.
If the labor contract is terminated in the above circumstances, the employer must provide various economic compensation to the worker in accordance with laws and regulations. The laborer may unilaterally terminate the labor contract.
1. During the trial period;
2. The employer forces work by means of violent threats or illegal restrictions on personal freedom;
3. the employer fails to pay the labor remuneration or provide the labor conditions in accordance with the labor contract.