Considerations for three-party Contract Breach

Agreement dissolution

Concept

In order to maintain the seriousness of the employment agreement and the reputation of the school, after the graduates sign the employment agreement with the employer, the graduates and the Employer should earnestly fulfill the agreement. Graduates who require breach due to special reasons shall be liable for breach of contract. Graduates who have signed the employment agreement must complete the cancellation procedures if they want to default.

Procedure

1. submit a letter of cancellation with the written consent to the organization that signed the Agreement (with the company seal ).

2. submit a written application to the Employment Department of school graduates (clarifying the reasons for cancellation), and attach a letter of cancellation approved by the Organization and the personnel department at the higher level to the admissions and employment office.

3. The Employment Department of school graduates approves and issues a new employment agreement in accordance with relevant regulations.

The termination of employment agreement is divided into unilateral relief and second-party relief.

Unilateral dissolution, including unilateral unauthorization and unilateral dissolution in accordance with law or in accordance with the Agreement. Unilaterally cancel the agreement without authorization. It is a breach of contract, and the breaching party shall be liable for the breach of the contract by the other party. Unilateral dissolution by law or by agreement means that either party has a legal or agreement basis for abolishing the employment agreement. If a student fails to obtain the qualification for graduation, the employer has the right to unilaterally terminate the employment agreement, after a graduate is hired, the employment agreement may be terminated, or, according to the agreement, the graduate fails to pass the civil servant examination organized by the employer's local organization, and the employer has the right to dissolve the agreement, the relief party shall not assume legal liability to the other party.

The dissolution of the two parties means that after both graduates and employers reach an agreement through mutual agreement, the original agreement will be eliminated and the agreement will not have legal effect. Such relief is a manifestation of the true meaning of both parties, and both parties are not legally liable. Such relief should be carried out before the Employment Plan is reported to the competent authority, if both parties revoke the employment dispatch plan after it is issued, the change must be approved by the competent authority.

Default consequences

Once the employment agreement is signed by graduates and employers, it shall have legal force and no party shall revoke it without authorization. Otherwise, the defaulting party shall pay the liquidated damages stipulated in the terms of the agreement to the right impaired party. From the actual situation, most employment defaults are for graduates.

Default result

Graduates who violate the contract shall not be liable for breach of contract, but shall pay liquidated damages. It often causes other adverse consequences, mainly as follows:

Advice on default

1. Is the new unit a higher level than the original unit? That is: Is it worthwhile to default the original unit for the new unit? If the two companies are similar, we recommend that you do not default.

2. When is the latest contract signing period provided by the new organization? If a contract is breached with the original organization, can the contract be completed before the contract period of the new organization? If you are unsure, we recommend that you do not default.

3. Have the original Organization successfully defaulted before? What is the impact? If most of the previous defaults fail, we recommend that you do not default. The most important factor is the attitude of the original organization towards your default. After all, this is a very bad behavior that causes losses to the Organization and has a bad influence on the personal and school reputation. This attitude determines whether you can successfully default, the time required for default, and whether you can sign a contract with a new organization in a timely manner.

Suggestion:

1. Be honest with the new company, describe your situation, and ask if you can extend the time limit. New organizations may not accept default students and may not give you time to relax. In this case, you will not have to pay for it. Of course, you can also leave it alone, but you must ensure that you can successfully complete the default with the original organization before the contract period of the new organization, and get a new third party. Otherwise, you are very likely to face the danger of getting water from the basket.

2. We must negotiate with the original organization and make a sincere attitude, clarify why we have breached the contract, and apologize to the other party for its actions. At the same time, we should minimize the loss to the school's reputation caused by your default, because that unit is likely to change the impression of your alma mater's students due to your default, you will not come to your alma mater next year. The victim is the next employee looking for a job. Therefore, we need to find a way to make up for it. Generally, you can write an open apology letter with a sincere attitude. You can write a detailed proposal to the Organization, and provide some suggestions for the future development of the Organization and next year's recruitment; I recommend some of my colleagues to the organization, hoping to give them a chance. Remember: when you give up the opportunity, don't forget to win the opportunity for the students around you.

In short, it is still the same sentence: Do not sign a contract easily, do not contract the contract easily, and do not commit a contract easily. It is a huge harm to anyone. For each decision, you have to bear the corresponding consequences and costs. (Www.mian4.net)

Process for handling defaults

The "employment agreement" for graduates printed by the Student Affairs Department of the Ministry of Education and issued by the school has only one set (in triplicate and fixed numbers ). Graduates determine the receiving unit through "two-way selection" and sign an employment agreement with the employing unit. Once the employment agreement is signed, the graduates shall earnestly fulfill the agreement with legal force. If graduates unilaterally default, they shall be liable for breach of contract according to regulations.

Graduates who have signed the employment agreement must complete the following cancellation procedures if they have defaulted due to special reasons:

1. submit a written application to the Branch Office (Workstation) (to clarify the reason for cancellation );

2. Leaders of the Branch School (Workstation) responsible for employment of graduates sign their opinions and sign and stamp them;

3. Go to the original signing unit for a letter in writing agreeing to terminate the employment agreement (with the unit seal );

4. submit a written application signed and stamped by the Branch Office (Workstation), a letter from the original organization agreeing to terminate the employment agreement, and the original employment agreement to the Employment Office of the school admissions and employment guidance center;

5. The Employment Office of the school enrollment and employment guidance center puts forward handling suggestions in accordance with the relevant regulations of the school, and reports them to the director of the recruitment and employment guidance center for approval;

6. After the application is approved, go to the Employment Office of the school admissions and employment guidance center to obtain the new employment agreement.

7. copying or copying the employment agreement is invalid.

Such strict procedures and procedures are required to handle the breach of contract, reflecting the seriousness of the employment agreement and the seriousness of the National Employment Plan. Therefore, we have to be very careful. At the same time, we would like to remind graduates that they should carefully select employment units, sign employment agreements, and consider violations. Although breach of contract is our right, it brings a lot of trouble to all parties after all. It also brings a certain amount of economic burden to our parents when we assume the liability for breach, and we have to bear huge psychological pressure on ourselves.

Considerations for three-party Contract Breach