[Employment] the difference between signing an offer and signing a tripartite agreement

Generally, there are two types of contract signing: Offer signing and third-party agreement signing. The former imposes far less limits on individuals and enterprises than the latter. Next we will introduce them separately.

1. Sign the offer

An offer is generally a recruitment intention provided by the Organization and provided to you in the form of a contract. It requires you to sign the offer to indicate that you accept the intention of the other party and are willing to work in the Organization. Therefore, this is actually a contract signed by an individual and an enterprise. In general, this form is common in external enterprises. In addition, organizations that do not resolve their accounts usually sign an offer with you and then sign a labor contract after you officially start working.

We would like to remind you that you should know the following before signing the offer:

1) Role of offer.

Offer is an employment intention signed between you and the company and does not involve schools. Therefore, it is not binding on you. Similarly, it is not binding on the company. This means that you can leave, and the company can leave you at any time. Therefore, if you really want to go to this unit, you must sign a third party with them to ensure that you are definitely hired. If the company refuses to sign a third-party contract with you and only signs an offer contract, it means it cannot help you settle in. This is common for enterprises in Beijing and Shanghai, because it is subject to the limitation of the account index, many organizations are unable to help you settle in or receive your archives, so they are not allowed to sign with you and can only sign off. In this case, you will face two options: either, find an affiliated account and file (such as the Tianjin Talent Market) for an organization before graduation, that is, sign a third-party relationship with this organization; or, at graduation, the account and file are rejected to their original place. In either case, the results are the same: after graduation, your account and file are left in the affiliated organization or rejected to the original place. Then, you sign a formal labor contract with the company that signed the offer, go to work. In both cases, you are working in Beijing or Shanghai as a foreigner. In other words, if you do not belong to this city, it is no different from migrant workers.

2) if I do not go to this organization after I sign the offer, is it a default? Do I need to pay liquidated damages?

A: Yes. Although offer is not a tripartite agreement, it is actually an informal contract between you and the company. Therefore, if you agree to liquidated damages in the offer, you still have to pay liquidated damages even if you do not pay when you do not go. You must pay attention to this point. Liquidated damages are also required for illegal offer, if stated above. If no liquidated damages are specified on the offer, no liquidated damages are generally required. However, what you damage is your personal credibility. Therefore, be cautious when signing the offer.

In most cases, signing an offer does not prevent you from looking for other jobs, but it does not mean it is not binding on you. Therefore, before signing an offer, you must be clear: can you accept the benefits of this offer, the work location, and other factors? If it is unacceptable, do not sign it.

2. Three parties signed

This is a formal agreement signed between fresh graduates and organizations and schools. It is strongly binding on organizations, schools, and individuals and is also a formal contract form. This process involves many factors and will be introduced to you one by one.

First, you must ask HR or others for the following information before signing the contract:

1) Account

Make sure that this Organization is "guaranteed to solve the Account", "trying to solve the Account", "not guaranteed to solve the Account", or "no matter the account ". This is especially important for students signing contracts with Beijing and Shanghai companies. Because Beijing and Shanghai are relatively strict with dual-outer cards, it is very important for the employer to solve the problem. Generally, most state-owned enterprises, public institutions, research institutes, and civil servants have the ability to solve their accounts. Foreign companies and private enterprises have much worse abilities to address accounts than they are in the front, but there are also great differences between different organizations. For example, IBM and Huawei can earn many places each year. Therefore, for these organizations, we should be more clear about how likely the accounts are to be resolved. Shanghai accounts have been using a scoring system over the years. That is to say, if you score your account based on your personal situation, you can get a Shanghai account after the score is exceeded, the effect of an enterprise on your account registration is that the "organization reputation score is 5 points" and "region orientation score is 2 points" in the scoring standard. Therefore, before signing a contract, you must confirm these elements, in the two items, the Unit can be a fraction. Then, you can score yourself based on your personal situation and according to the Shanghai scoring standard. Note: All awards and patents are subject to your highest degree of education. After checking your score, compare it with the score line over the years to determine whether you can get your account. The score is 64 in 05 and 68 in 06. It is estimated that the score is about 70 points before this year. Friendly reminder: I have inquired with the employment guidance center teacher and my civil servant friend about the possibility that the Account Policy in Shanghai may change this year. First, the number line will go up, second, it is impossible to obtain a Shanghai account even if the number of accounts reaches the threshold. So basically, most of the people who went to Shanghai this year may not have their registered accounts. Please sign up for Shanghai and be prepared. If not, you can only apply for a residence permit. This is also an important reason why I did not go to Shanghai. As for whether an account is important or not, it has been discussed on the Internet for countless times. You can only say that if you think it is important, it is important. If you think it is not important, it is not important. I personally think it is very important, because if you want to develop your account in a city for a long time, the role of your account is very large. Take Beijing as an example: if you do not have a Beijing account, when you want to change jobs, you will find that you can select a limited number of organizations, because many organizations often require Beijing Student sources and Beijing accounts, and you cannot take the Beijing Civil Servant Examination without a Beijing account. This is a direct impact on our account. In the long run, we will also be affected in terms of marriage, going abroad, children's schooling, and business dealings. Of course, if you want to go abroad in the future or do not want to stay in Beijing or Shanghai, your account may not matter. If you have not obtained an account as a fresh graduate, you have four ways to get the account:

<1> buy an account. Many people on the Internet say that yuan can buy Beijing accounts, but it is far from that simple. You must be a freshman, have a very reliable relationship, and have a very reliable way to get an account, and make sure you are not deceived. In addition, it is very difficult to buy a registered account in Beijing this year.

<2> after several years of employment in Beijing and Shanghai, you can obtain your registered account based on the introduction of high-tech talents. This method is extremely difficult, and it is basically not expected.

<3> marry a local user. This is the most direct way. The advantage is that the next generation can become Beijing and Shanghai people. However, if you want to transfer your account, it will take several years to complete, meet certain conditions, and go through several procedures.

<4> continue to kaoxu (BO ). That is to say, when I continue to study and wait for my graduation, I will continue to strive for an account as a fresh student. Then I will still face the issue of settling accounts, and the policy will inevitably be unpredictable.

Therefore, for most people, they only have the chance to graduate to get their registered accounts in Beijing and Shanghai. This can be thought out by the personnel looking for a job. If the employer guarantees that the account is settled for you, of course, it is best. However, if the employer does not resolve the issue, remember: You must never sign a third-party account with the employer. Some organizations that do not care about your account or take the third-party account are extremely irresponsible. Be careful when you are cheated. In this case, you can either buy an account. Generally, you can contact a company with a wealth indicator through personal relationship, sign a third-party archive with them, and then sign a labor contract with your employer; you can either find a local company in Tianjin or other places, and usually sign a third party with them. They spend a few hundred dollars each year to help you settle down and keep the archives. Each school will have corresponding affiliated information; if you wait for your registered account and archive to be rejected when you graduate, it is particularly noted that you have signed a three-party ticket to the organizations that "try their best to solve your registered account" and "do not guarantee to solve your registered account, in fact, you have to take some risks. Once you don't leave it, the third party will return it to you if the organization defaults, and you will go back to school for change. In most cases, accounts and archives will be rejected to their original places, because it is impossible to sign a contract with another organization.

In this year's employment situation and household register policy, it is difficult to cover both accounts and salaries. The number of accounts and salaries is too small and the competition is fierce. If you are looking for a job, you must weigh the weight between the two and do not make a decision that you regret.

2) Treatment

This must be discussed before signing. There are a lot of factors here, but remember: Don't look at the money or the possible income of HR. It depends on the actual annual income you can earn and the local consumption level. The benefits include: wages, bonuses, subsidies, benefits, stocks (options), insurance, and Provident Fund. The following describes the details of each part:

<1> salary: Make sure you know whether it is before tax or after tax. In addition, you need to know how many months are sent. For example, if the pre-tax salary is 7000, the annual income is 7000*13 = 91000 for 13 months. Many organizations have a two-way salary at the end of the year, and some organizations may have 14 to 16 months. For example, IBM only has 14 months. Therefore, it depends on the annual income.

<2> bonus: Many unit prizes account for a large portion of the revenue. For example, Lenovo, Baidu, and cainfo all have quarterly and year-end prizes, as well as project prizes. Huawei also has project and year-end prizes, there is no prize in instant connection. Different organizations have different situations and different bonuses, usually ranging from several thousand to tens of thousands. Therefore, you must be clear about this and be sure to get the bonus, the minimum number.

<3> subsidies: Some organizations have various subsidies, such as communication subsidies, housing subsidies, and food subsidies. For example, if Huawei has 1000 million meal supplements, ZTE also seems to have 500 million meal supplements. Some organizations may be very profitable to add a subsidy to their income.

<4> welfare: for some State-owned enterprises and public institutions, there are usually some benefits, such as holiday fees, heatstroke relief fees, heating fees, shopping coupons, movie tickets, and daily necessities. You 'd better ask your internal senior brother and sister.

<5> stocks: for many companies, stocks are attractive benefits. For example, Google provides 30 shares to employees, huawei earned hundreds of thousands of yuan per year for its 100,000-Year-Old Gold leads, and Baidu's listings have created thousands of millionaires. In general, a listed company is unlikely to provide shares, but it is highly likely that some companies that are about to be listed will provide shares, for example, instant stock provision for employees. In this regard, we must look at the opportunity. If there is such an offer, do not miss it.

<6> Insurance and Provident Fund: "Five insurances and one gold ". Five insurances refer to: pension insurance, medical insurance, unemployment insurance, personal accident insurance, maternity insurance, and one gold refer to the housing accumulation fund. As stipulated by the State, enterprises shall not refuse to pay for you for any reason, and the proportion of individuals and enterprises shall be specified. However, pay attention to the base number of the payment. Many organizations make an article on this. For example, if your salary is 5000, they use 2000 as the payment base. That is to say, they use it to pay you a fixed proportion of five insurances and one gold, be sure to check the payment base and you cannot be cheated. In some units, the ratio of Provident Fund is very high, so you get a lot of wages, which means the company pays more money, and once you buy a house, the money is your own, so, this part of revenue cannot be ignored. In addition, some organizations will also provide you with supplementary medical insurance, supplementary pension insurance, supplementary accident insurance, housing interest-free loans, or affordable housing. Add up these incomes to get an annual income. Then consider the wage and consumption levels at the place of work. For example, if the annual salary of million yuan is spent in Tianjin, it is undoubtedly a relatively high income, which is why so many people (including signed ones) face ZTE in Tianjin.

3) work content

Ask your job details about your position. In general, if it is the company's core business department, it will be more important, and the development prospects will be better. If it is another auxiliary department, it may be less important, of course, there is no absolute, the key is to check whether your work is technical, whether your personal abilities are improved, whether your career is helpful, and whether your job changes or promotions are helpful.

4) Overtime/business trip

For some companies, overtime is inevitable, such as Huawei, ZTE, Microsoft, IBM... basically, most IT enterprises need to work overtime. For some positions, frequent business trips are inevitable, such as onsite engineers, HR, and sales. We need to know about this in advance and be prepared for it. For example, Huawei may be abroad for several years and the conditions are very bitter. If you cannot accept long-term overtime or business trips, do not sign the ticket. In addition, check whether overtime is required. At present, it seems that most companies do not have overtime pay, but a small number of companies do. However, it seems that the state has stipulated that, if they work overtime on Saturday or Saturday, they will be entitled to three times of normal overtime pay, if you work overtime on statutory holidays such as May 1 and May 11, it seems that you deserve better overtime. For details, please check. In addition, it is the travel subsidy. Generally, you do not need to spend money on a business trip, and many companies have additional travel subsidies. For example, Huawei seems to be spending 70 USD a day overseas. This is also worth noting, because they all have their own legitimate rights and interests.

5) Training

For recent graduates, the company's training system is a very important factor. If a company has a very good training system, this will allow you to quickly grow into an outstanding talent within a few years, which will undoubtedly be of great help to your career. Like P & G, Mars, and Infosys, the most famous are their comprehensive training systems, which can greatly improve your personal abilities in a short time, so every year, so many students are attracted to apply for a job. To some extent, good training is more attractive than excellent treatment. Therefore, before signing the contract, you must know the training plans of the Organization and check whether these training plans are helpful for individual growth.

6) development opportunities

This is also a critical factor. I think that when looking for a job, it should be considered as the first element. Imagine: If you have a good job opportunity, you can directly access the most advanced and core business, you can also access the company's leadership, or obtain some useful customer resources, or quickly enter the management level in a short period of time. What are other factors? I believe that the most attractive part of ZTE's Tianjin market is its development opportunities. On the contrary, if you go to a company with a bloated organization, everyone will mix in it, or the above people will keep pressing you down, even if you are given a high salary, what is the significance? Of course, if you want stability, such a unit is also a good choice. I personally think that, when considering the opportunity for development, we should mainly consider three aspects:

<1> industry background: We need to comprehensively consider the background and development status of the company's industry. More importantly, we need to make accurate predictions on the development prospects of this industry. I personally think it is best to select an industry in the rapid development stage.

<2> company background: Consider the company's position in the industry, current development status, operating performance, and future development expectations. I personally think it is best to select an enterprise in the rapid development stage.

<3> personal opportunities: the position of your department in the company, the promotion opportunities and development prospects of your position. In short, the more important the Department is, the less people the better. The more opportunities you have.

7) contract period and liquidated damages

Generally, three-year signatures and five-year signatures are signed by the organization, and another unit is signed for one year, such as Huawei (after inquiry, it is also signed for three years). In addition, some units have a confidentiality period, some organizations will sign a non-compete contract with you. Different organizations may have different situations. Meanwhile, liquidated damages are subject to relevant regulations. In general, liquidated damages are very high. We should sign the contract with caution, because it is likely that the organization is not good, and people cannot stay, only through high liquidated damages to hold you down. However, the State stipulates that the maximum liquidated damages cannot exceed XX months of personal salary. You can check them online. If you are dismissed during this period, you will be entitled to compensation for N + 2 months of salary. For example, if you have signed a three-year contract with the company, the two Parties agree that the company's liquidated damages are n + 2. If the company dismissed you in the next year, that is, you have been working in the company for one year, then, you will be entitled to compensation for 1 + 2 = 3 months of salary, less than a year of work is counted as a year. During the trial period, neither party defaults and is not liable.

8) third-party liquidated damages

The liquidated damages of the third party are different from the liquidated damages of the labor contract. It only limits your actions before you report to the company. Therefore, you must be clear about the liquidated damages of the third party. Do not take the initiative to ask, usually the company will take the initiative to tell you what the liquidated damages of the three parties are, and then written in the remarks column of the three-party agreement. Some companies do not pay liquidated damages, such as Huawei.

9) company reputation

This is also very important. You need to inquire through other channels. For details, you can search for comments about the company on the Internet, or ask the senior, Senior, Senior, or other acquaintances who work in it to inquire about the comments about the company. If most people have negative comments on the company, we recommend that you proceed with caution.

Next, you should pay attention to the following items when signing the agreement with the company:

1) if you really want to go to this unit, enter "agree to work in XXX unit" in the personal opinion column"

2) if you promise to solve your Beijing account, you must write this article in the remarks column after the third party, for example, "XX Company promises to solve your Beijing account ", this is to protect your legitimate rights and interests. Of course, the company will also write "Liquidated Damages XXX" in it"

Conclusion: signing a contract is a very serious task, and it may be the most important thing in your life. Therefore, please take it seriously and obtain as much information as possible, listen to opinions from various parties and make rational decisions. Do not make yourself regret.