Two. Employment agreement and labor contract for college graduates
The Employment Agreement for College Graduates and the Labor Contract are written agreements signed by employers when recruiting graduates, but they are divided into two interrelated stages, as follows:
1, The Employment Agreement for College Graduates shall be witnessed by the school and signed through consultation with the employing unit during the period when the graduates are in school. It is the basis for making employment plans and sending graduates. Labor contract is an agreement between graduates and employers to clarify the rights and obligations in labor relations. The school is neither the subject nor the witness of the labor contract. The labor contract is the basis for graduates' rights and obligations after employment and what kind of treatment they enjoy.
2. The content of the employment agreement for college graduates is mainly that graduates introduce themselves truthfully and express their willingness to work in the employer. The employer expresses its willingness to accept graduates, and the school agrees to recommend graduates and send them in the employment plan. The content of labor contract involves labor remuneration, labor protection, work content, labor discipline, etc., which is more specific and labor rights and obligations are more clear.
Generally speaking, the employment agreement of college graduates is signed before the labor contract is concluded. If there is an agreement between graduates and employers on wages and housing in advance, it can also be indicated in the remarks clause of the Employment Agreement for College Graduates, and the conclusion of future labor contracts should be recognized.
4. The employment agreement of college graduates is a preliminary agreement between graduates and employers on their future employment intentions. Generally, the basic conditions of both parties and some basic contents of the labor contract to be signed are recognized, and they are agreed and witnessed by the superior competent department of the employer and the employment department of colleges and universities. Once signed and sealed by graduates, employers and university authorities, it has certain legal effect and is the basis for judging graduates' employment plans and possible breach of contract in the future.
Three, understand the Ministry of education on the "national agreement employment of college graduates" management measures.
1. Graduates must sign the Employment Agreement for College Graduates after reaching an agreement with the employing unit.
2. The employment agreement for college graduates is formulated by the College Students Division of the Ministry of Education and uniformly printed by the School Admissions and Employment Office. All colleges collectively go to the Admissions and Employment Office to collect them, or graduates hold student ID cards to collect them at the Admissions and Employment Office. Each graduate has only one set of employment agreement for college graduates, and each set is in quadruplicate.
3. No unit or individual may copy, reproduce or reprint the employment agreement of college graduates; When signing the Employment Agreement for College Graduates, if the Employment Agreement for College Graduates cannot be used due to damage, you can apply to the Admissions and Employment Office for a replacement with the original; The employment agreement of college graduates shall not be misappropriated, lent or altered, otherwise it will be deemed invalid.
4. After the graduates sign their personal opinions on the agreement, as long as the employer or the school Fang Zhizhong signs and agrees, the graduates may not unilaterally terminate the agreement. Graduates who break the contract must go through the cancellation procedures at the original contract signing unit, and then return the original agreement to the Admissions Office for a new one.
5. If the graduates accidentally lose the agreement, the school will not reissue it in principle. During graduation dispatch, graduates return to their original places to participate in secondary distribution. Due to special circumstances, graduates need to apply in writing, and the person in charge of college graduates' employment will sign an opinion, which will be handled as appropriate after investigation and study by the Admissions and Employment Office. At the same time meet the following four conditions, accept the enrollment and employment work prescription:
(1), after verification, the agreement was indeed lost;
(2) The Admissions and Employment Office has received applications from graduates for more than two weeks.
(3) Graduates must pay a fee equivalent to the amount of liquidated damages.
6. All graduates who sign the Employment Agreement for College Graduates with the employing unit through the local or Ministry department in charge of graduate employment can use the Employment Agreement for College Graduates provided by them when signing the contract, but the graduates must sign the Employment Agreement for College Graduates with the school after returning to school. Graduates who have other choices must cancel the signed agreement with the original contracting unit.
Four, "college graduates employment agreement" signing procedures.
After the graduates reach an agreement with the employer, the signing procedure is as follows:
1. Graduates fill in the basic information and application opinions carefully and truthfully, and sign their names.
2, the employer, the competent department and the personnel deployment department signed opinions.
3. The employer must fill in the detailed forwarding address of the document.
4. All departments sign opinions.
5, the school employment guidance center signed an opinion.
6, the provincial employment guidance center visa.
It should be noted that it is more conducive to safeguarding the legitimate interests of graduates to go to school to sign and finally check according to procedures. Some graduates have convenient plans, which need to be signed and sealed by the school first, and then handed over to the employer, so it is easy to write down the terms that are detrimental to the rights and interests of graduates and cause adverse consequences. The significance of school inspection is to confirm whether the signing procedures are complete. Otherwise, due to irregular procedures and other reasons, the application plan will not pass, or the employer will not be able to report after being sent away, which will increase the psychological burden of graduates.
5. What should I do if I want to breach the contract?
L, the liability for breach of contract and the consequences of graduates' breach of contract
The Employment Agreement for College Graduates has legal effect once it is signed by the graduates, the employer and the school, and neither party may terminate it without authorization, otherwise the breaching party shall pay the liquidated damages stipulated in the terms of the agreement to the party whose rights are damaged. Judging from the actual situation, most employment defaults are graduates' defaults.
Graduates' breach of contract, in addition to their own liability for breach of contract and payment of liquidated damages, will often cause other adverse consequences, mainly in:
(1) The employer has spent manpower, material resources and financial resources, and participated in talent exchange meetings. And did a lot of work. The later work of the hired personnel has been considered and arranged. Once the contract is breached, all the work will be in vain, and all the work will be restarted, resulting in passive work.
(2) Employers often regard graduates' breach of contract as lax school management, which affects the long-term cooperative relationship between schools and employers. Because of their doubts about the school, they may not choose the graduates of the school in the future. Now the competition in the buyer's market is fierce, there is no demand, and graduates have no employment. With the enrollment expansion of colleges and universities, the number of graduates will increase. As one of the contracting parties, the school will not affect the overall interests and reputation of employment next year or even in the future for the benefit of a few individuals.
(3) It has an impact on other graduates. If you don't go to a company, others can go and the employer won't hire you. If you are hired, you can't hire other graduates. If you break the contract in the future, the graduates who originally wanted to go may not be able to fill the vacancy, resulting in a waste of information. College students should be practitioners of honesty and the rule of law, so the school once again emphasizes that graduates should choose carefully in the process of signing contracts and earnestly perform contracts.
2. Provisions on the treatment of graduates' breach of contract
"Breach of contract" refers to "three-party signing", and the school emphasizes that graduates should be honest, rule of law and conscientiously perform their duties. However, once the graduates break the contract, they will be liable for breach of contract. After obtaining the consent of the employer and paying the liquidated damages, they can re-sign the contract. When a graduate breaches the contract, he/she must go to the original contract signing unit to handle the cancellation procedures (there is a written letter of withdrawal from the original contract signing unit, and the liquidated damages have been paid), and then return the original agreement to the Admissions and Employment Office and replace it with a new agreement.
Problems needing attention in intransitive verbs
Employment agreements have two main functions. One is to regulate the behavior of companies and students. Second, registered permanent residence and file transfer. In fact, the second role is the main role. If the unit can't solve the hukou, it actually has no right to sign an employment agreement. If you sign it, it will only make students waste the opportunity to declare their accounts! !
The bigger trouble is that the unit that lets you sign the employment agreement without opening an account often knows nothing about the employment system of fresh graduates.