What is a third-party agreement?

The tripartite employment agreement is different from the labor contract. First, the tripartite employment agreement is printed by the Ministry of Education of the People's Republic of China. It mainly clarifies the basic information and requirements of the three parties. The three-party employment agreement is formulated based on national regulations and regulations on the employment of college graduates. Its validity period is from the contract date to the time when the graduates report to the employer. The labor contract is restricted and protected by the Labor Law and contract law. Some employers, such as many foreign companies, are determined to file records (Note: before reporting to the employer ), at the same time, it is required to sign an agreement similar to a labor contract with the graduates, while more employers require the "letter of intent for employment" to be signed first, and the graduates will sign the labor contract after reporting. Secondly, the employment agreement is a three-party contract, which involves three aspects: schools, employers, and students. The three parties are associated with each other but independent from each other. The labor contract is a contract between the two parties, it consists of the rights and obligations of the worker and the employer. Third, when a graduate signs an employment agreement, it is still a student's identity. However, when signing a labor contract, it should also be a laborer's identity. Once a labor contract is signed, the effectiveness of the employment agreement shall be lost. If the content of the labor contract conflicts with the third-party agreement, the labor contract shall prevail.

Once the tripartite agreement is signed, it means that the first job of college students is basically determined. A college employment office teacher said that before signing a tripartite agreement, college students should carefully check the affiliation of the employer. State organs, public institutions, and state-owned enterprises generally have the right to receive personnel.

Legal issues

Common labor disputes during the trial period of the Tripartite Agreement

After a graduate reports to the employer, the three-party agreement is terminated. At this time, the employer will sign a formal labor contract with him, it stipulates the trial term, service term, salary and other welfare matters of the worker in the unit. After the contract is signed, the two parties formally confirm the labor relationship. In the above-mentioned provisions, the trial period is the most prone to disputes. Therefore, we should remind graduates of the following legal issues regarding the trial period: (that is, the general order is to sign the tripartite agreement first, and then sign the labor contract at the time of reporting, it specifies relevant matters and issues regarding the trial period. In addition, if the employer rejects the application during or after the trial period, it must list relevant evidence !)

Trial period of the Tripartite Agreement

The probation period is the period of inspection agreed upon by the employer and the worker for mutual understanding and selection after establishing a labor relationship. The probation period is included in the labor contract period. According to the Labor Law, the labor contract may stipulate a probation period of no more than six months. If the term of the labor contract is less than six months, the trial period shall not exceed 15 days; if the term of the labor contract is more than six months and less than one year, the trial period shall not exceed 30 days; if the term of the labor contract is more than one year and less than two years, the probation period shall not exceed 60 days. If the term of the labor contract is more than two years, the probation period shall not exceed six months. It must be emphasized that the probation period is applicable to workers who change their positions or types of work during initial employment or re-employment. No liquidated damages shall be agreed upon renewal of the labor contract. State organs, colleges and universities, medical research institutes, and medical administration departments adopt the trial period of one year. The trial period is applicable to enterprises and companies (including foreign companies, joint ventures, and private enterprises ), the trial period is used to establish labor relations with hospitals. 15-6 months. The trial period can be extended, and the trial period cannot. The trial period is mandatory, and the trial period is agreed by both parties.

Resignation during the trial period of the Tripartite Agreement

The reason why the trial period is called a trial is that the employer and the employee can check whether the other party meets their own requirements during this period, and both parties have a more free way to terminate the contract. According to article 32nd of the Labor Law, a worker can notify the employer to terminate the labor contract at any time during the trial period (no advance notice is required ). Some employers agree in the labor contract that the laborer should assume the liability for breach of contract when the contract is terminated during the trial period, which actually limits the right to revoke the employee. Therefore, such an agreement infringes on the legitimate rights of the laborer, the law generally determines that such conventions are invalid.

Termination of the trial period of the Tripartite Agreement

According to article 25th of the labor law, the employer may terminate the labor contract if the employee is proved to be ineligible for employment during the trial period, which is clearly stipulated by law, the condition for the employer to terminate the labor contract is that it must provide evidence that the laborer does not meet the employment conditions during the trial period. Here, graduates should make it clear that when the employer asks to terminate the labor contract, the burden of proof shall be indicated by the employer, and the laborer does not need to provide proof that he or she meets the employment conditions. The burden of proof undoubtedly limits the randomness of the employer's termination of the labor contract. If the employer does not have evidence to prove that the employee does not meet the employment conditions during the trial period, the employer cannot cancel the labor contract. Otherwise, the employer shall bear all legal consequences arising from the illegal termination of the labor contract.

Validity of the two trial periods under the Tripartite Agreement

Some employers will agree on a second trial period with the worker after the first trial period. This situation should be treated differently. If the two trial periods are determined in the contract after both parties negotiate, the sum of the two trial periods exceeds the upper limit of the trial period stipulated by law, which is illegal, if the maximum value is exceeded, the two trial periods are legal.

In the three-party agreement, only the trial contract is signed without the labor contract?

After a worker is hired by an employer, both parties can agree on the probation period in the labor contract. The probation period should be included within the labor contract period, and the labor contract is a prerequisite for the existence of the probation period. You are not allowed to sign a trial contract, but not a labor contract. The trial period contract signed in this way is invalid, but the invalidity of the "trial period" contract does not invalidate the protection of the labor law on workers. There are regulations in the Beijing region: Beijing Labor Contract Management Regulations: only the trial period contract is signed. After the trial period, the employer is unwilling to sign the labor contract again, and the laborer can push back (for example, the trial period is January 1, January, the contract period can be reversed to one year, which is based on the relevant provisions of the Labor Law on the trial period ). In addition, the Shanghai Labor Contract Regulations also have special provisions on this. [2