In the real society, the use of protocols has become the norm in daily life, and protocols coordinate the relationship between people and things. So do you really know how to write a good agreement? The following is what I sorted out if the tripartite employment agreement unit does not open a letter of termination, hoping to help everyone.
What if the three-party agreement cancellation company does not open a cancellation letter?
According to the relevant laws and regulations of our country, it is a contract dispute that the company that terminates the contract by tripartite agreement does not open the letter of termination, and the parties can negotiate with the company to solve it. If negotiation fails, a lawsuit can be brought to the people's court for settlement.
Article 128 The parties may settle a contract dispute through conciliation or mediation.
If the parties are unwilling to settle or mediate, or the settlement or mediation fails, they may apply to an arbitration institution for arbitration according to the arbitration agreement. The parties to a foreign-related contract may apply for arbitration to an arbitration institution in China or other arbitration institutions according to the arbitration agreement. If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may bring a suit in a people's court. The parties shall perform legally effective judgments, arbitral awards and conciliation statements; Refuses to execute, the other party may request the people's court for execution.
The difference between tripartite agreement and labor contract
Tripartite employment agreements are different from labor contracts:
1, the tripartite employment agreement is uniformly printed by the Ministry of Education, mainly to clarify 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, and the validity period is from the date of signing to the time when the graduates report to the employer. Labor contracts are restricted and protected by labor law and contract law. Some employers, such as many foreign companies, require graduates to sign similar labor contracts when they confirm their employment (note: before reporting to the employer). More employers require to sign an "employment letter of intent" first, and then sign a labor contract after the graduates report for duty.
2. The employment agreement is a tripartite contract involving schools, employers and students. The three parties are interrelated and independent. A labor contract is a contract between two parties, which consists of the rights and obligations of both workers and employers.
3. Graduates are still students when signing employment agreements and should be workers when signing labor contracts. Once the labor contract is signed, the employment agreement becomes invalid. If there is any contradiction between the labor contract and the annex of the tripartite agreement, the labor contract shall prevail.
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