Graduate students are students, but not laborers in the legal sense, so the labor law is not applicable. Therefore, they can't sign labor contracts.
If the orientation training is appointed by the unit, the original labor contract with the unit will continue to be valid.
General process of graduates' employment by agreement (signing labor contract)
Graduate employment by agreement is divided into four processes: obtaining an employment agreement → reaching an intention with the employer → examining the institutions for employment by agreement → identifying the institutions for employment by agreement.
(1) Graduates get employment agreements.
Graduates who need to sign a tripartite agreement come to the College Building B 102 to receive the Employment Agreement for College Graduates from Teacher Guo of the Student Working Group. The names of graduates have been pre-printed in the middle of the left page of the agreement. Please collect by name and register on the distribution list.
(two) graduates and employers to reach an intention.
Employers only sign labor contracts: graduates must get the signed and sealed labor contract (the school only keeps a copy), a blank tripartite agreement (the school wants to take it back), proof of the whereabouts of household registration files, and fill in the supplementary dispatch information form (supplementary dispatch information form). doc)。
Remarks: Graduates must sign a labor contract with the employer and seal it, and the files should be sent according to the household registration documents. There are two kinds of hukou books (choose one):
1 The employer who agrees to receive the files or the talent center who agrees to trust the files shall provide the acceptance letter of the files, and fill in the information of the acceptance letter in the dispatching supplementary information form;
2 Write the origin information directly on the supplementary dispatch information form (the talent center where the college entrance examination is located).
(3) The auditing process of the agreed employment in colleges and universities.
After signing the labor contract with the employer, the graduates will bring the labor contract, blank tripartite agreement, proof of the whereabouts of household registration files and supplementary dispatch information form to the student working group for review. A copy of the labor contract and the supplementary dispatch information form need to be stamped with the official seal of the student working group.
The above is Bian Xiao's explanation of "Can graduate students sign labor contracts". The key here lies in the attitude of the unit. If the unit is willing to sign a labor contract, it should be possible to sign it. As for social security, we need to consider it in advance and understand the specific process of handling social security. If you can't apply for social security, you must apply in advance, otherwise there will be a series of legal risks. For more legal knowledge, please go to the website for professional consultation.
Tips:
The Civil Code came into force on 202 1 1, and the Marriage Law, Inheritance Law, General Principles of Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law and General Principles of Civil Law were abolished at the same time. If it involves other issues stipulated by the civil law #
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