Because the tripartite agreement is generally before the student graduates, if the employer has determined that the graduate can be recruited, it is necessary to sign a tripartite agreement first, that is, it is signed by the employer, the school and the graduate himself, and distributed uniformly by the school, and the number is consistent with the student status, so as to prevent the graduate from looking for other units. Therefore, once the tripartite agreement is signed, it means that the first job of college students is basically determined.
But there are still differences between tripartite agreements and labor contracts. First of all, 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 the Labor Law and the Civil Code. 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. Secondly, 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. Third, graduates are still students when signing employment agreements, but they 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.
Before signing a tripartite agreement, college students must carefully check the affiliation of the employer. State organs, institutions and state-owned enterprises generally have the right to receive personnel. Private enterprises and foreign-funded enterprises need to be approved by the personnel bureau or the talent exchange center to recruit employees, and they must sign the agreement to be effective. Fresh graduates should also have an understanding of the special regulations of local personnel departments.
Similarly, signing a labor contract should pay attention to four aspects:
First, it is necessary to clarify the post and position, otherwise the employer will use the transfer method to oppress graduates to resign in disguise without paying any economic compensation;
Second, it is necessary to prevent the employer from repeatedly extending the probation period by changing posts, because the same post and the same person cannot apply the probation period twice, and there is no restriction on changing posts (according to the Labor Contract Law, which came into effect on June 38, 2008, the same employer and the same worker can only agree on a probation period);
Third, clarify the minimum wage standard in the labor contract, and it is best to fix the year-end bonus clause as part of the salary. Because China has not defined the year-end bonus for the time being, this legal gap may be used by employers and will become a way to deduct wages in the future;
Fourth, understand whether the employer has handled social insurance for employees. If there is no social security, it is equivalent to a lot of wages, and you can't enjoy the social security benefits of the state and units.
Legal basis:
People's Republic of China (PRC) Employment Promotion Law
Article 35
The people's governments at or above the county level shall establish and improve the public employment service system, set up public employment service institutions, and provide the following services for workers free of charge:
(1) Consultation on employment policies and regulations;
(two) the release of professional supply and demand information, market wage guidance price information and vocational training information;
(3) Vocational guidance and employment introduction;
(four) the implementation of employment assistance for people with employment difficulties;
(5) Handling employment registration, unemployment registration and other affairs;
(6) Other public employment services.
Public employment service institutions shall continuously improve the quality and efficiency of services and shall not engage in business activities.
* * * Employment service funds are included in the fiscal budget at the same level.
Article 52
People's governments at all levels shall establish and improve the employment assistance system, take measures such as tax reduction or exemption, loan discount, social insurance subsidy and post subsidy, and give priority support and key help to people with employment difficulties through public welfare post placement.
Persons with employment difficulties refer to those who cannot achieve employment due to physical conditions, skill level, family factors, loss of land and other reasons. And people who have been unemployed for some time. The specific scope of people with employment difficulties shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government according to the actual conditions of their respective administrative regions.
Notice from Ministry of Human Resources and Social Security, Ministry of Education, Ministry of Finance, etc. On the implementation of 20 10 action to promote the employment of college graduates.
Second, the main content of "20 10 Employment Promotion Action for College Graduates"
(A) the implementation of the "post expansion plan", and vigorously expand the employment channels for college graduates.
1. Expand industrial jobs. Combine the development of strategic emerging industries and create more intelligence-intensive employment opportunities. Combined with the plan of expanding domestic demand, structural adjustment and industrial adjustment and revitalization, we will take the development of strategic emerging industries and industrial upgrading as new employment growth points, continuously expand the employment scale of related industries, and develop employment opportunities suitable for college graduates. Support and encourage related industries and industries to jointly carry out special job docking activities with universities to promote the employment of college graduates in all directions.
2. Expand enterprise employment. Vigorously dredge the main channels for college graduates to find jobs in various enterprises, especially to expand the employment space of small and medium-sized enterprises and non-public enterprises. Further remove institutional obstacles, do a good job in labor security and personnel agency services, effectively solve problems such as file management, and conscientiously implement the policy of enterprises recruiting college graduates outside the municipality directly under the Central Government. Strengthen supervision and inspection of law enforcement to protect the legitimate rights and interests of college graduates who are employed in small and medium-sized enterprises and non-public enterprises. Establish a multi-level service outsourcing enterprise and college graduates employment docking system, implement relevant preferential policies, and encourage service outsourcing enterprises to actively absorb college graduates employment.
3. Expand the employment of scientific research projects. Continue to implement and improve the relevant policies to encourage scientific research project units to absorb and stabilize the employment of college graduates, further improve the household registration, file management, social insurance and other aspects of scientific research project units to hire college graduates as research assistants or auxiliary personnel to participate in major scientific research projects, and improve the level of organization and management. Encourage large central enterprises to absorb college graduates as research assistants or auxiliary personnel for scientific research projects.
4. Expand grassroots employment. Further develop grass-roots management and public service posts suitable for college graduates. Implement the "community employment plan for college graduates", develop community management posts and community public welfare posts in the fields of old-age service and social work, and strive to equip at least 1 college graduates in every community in the country. Encourage medical college graduates to work in township hospitals and enrich the rural grassroots health service team. Broaden the employment channels for graduates of agricultural colleges and universities to rural grassroots, and actively guide agricultural graduates to work in the front line of grassroots agricultural technology extension services. In accordance with the principles of unified recruitment, unified announcement, unified organization of examinations and unified service management, we will co-ordinate the implementation of grassroots projects such as "sending college graduates to work in villages", "three supports and one support (teaching, supporting agriculture, supporting medicine and helping the poor)", "voluntary service for college students in the west" and "special post plan for school teachers in rural compulsory education stage" in 20 10, and do a good job of policy cohesion among the projects. All localities should formulate and implement measures to encourage local college graduates to work in grassroots units in hard and remote areas under their jurisdiction as soon as possible.
5. Continue to do a good job in recruiting college graduates for compulsory military service. All localities should start the pre-enlistment of 20 10 college graduates as soon as possible, further improve relevant policies, straighten out the working system, simplify working procedures, and conscientiously do a good job in tuition compensation and student loan compensation for conscripts.
(two) the implementation of the "entrepreneurship leading plan", and vigorously promote college graduates to start their own businesses, stable and flexible employment.
1. Strengthen entrepreneurship education and training and raise entrepreneurship awareness. Colleges and universities should offer relevant courses to carry out entrepreneurship education for college students and strengthen the construction of teachers and teaching materials for entrepreneurship education. Encourage and support college students to participate in entrepreneurship training and implement the subsidy policy for entrepreneurship training. Encourage and support qualified regions and universities to hold college students' entrepreneurship competitions and other activities, and explore the combination with relevant venture capital funds to promote college graduates' entrepreneurship.
2. Strengthen entrepreneurial services. Incorporate college students' entrepreneurship into the overall planning of local entrepreneurship to promote employment, and implement integrated operations and services such as entrepreneurship training, project development and small secured loans. Make full use of university science parks, economic and technological development zones, high-tech development zones, industrial parks and other resources to build and improve entrepreneurial practice bases and incubation bases.
3. Improve entrepreneurship support policies. For college graduates to start a business, according to the characteristics of the industry, the access conditions such as funds and personnel can be set reasonably, and the registered capital can be allowed to be put in place by stages. College graduates are allowed to use family houses, rented houses and temporary commercial houses as business premises under the conditions, procedures and contracts stipulated by laws and regulations. For college graduates who are engaged in self-employment within two years after graduation, within three years from the date of first registration in the industrial and commercial departments, they will be exempted from registration, licenses and other related administrative fees; College graduates registered for job hunting who are engaged in self-employment and lack of self-financing can apply for small secured loans in accordance with regulations, and those engaged in low-profit projects can enjoy discount support in accordance with regulations; For partnership and organized employment, the loan scale can be appropriately expanded. Improve the integration of preferential employment tax policies and encourage college graduates to start their own businesses.
4. Stable and flexible employment. Provide free labor security and personnel agency services for flexible employment college graduates who apply for employment, and do a good job in social insurance relations. Implement the social insurance subsidy policy for flexible employment of college graduates who meet the conditions of people with employment difficulties, and gradually realize employment stability.
(3) Implementing the Employment Service and Assistance Program to provide free public employment services for college graduates.
1. Strengthen employment services and employment guidance. It is necessary to strengthen the employment guidance of college graduates, strengthen ideological and political education, and guide college graduates to establish a correct concept of job selection. Colleges and universities should establish and improve employment guidance service institutions and offer employment guidance courses as compulsory courses to improve the employment ability of college graduates. Vigorously develop internet employment services suitable for college graduates' job hunting characteristics, and strengthen the supervision of online recruitment market. Carrying out public employment service into campus activities to provide "three ones" services for college graduates: sending a batch of employment information into campus; Organize experts to carry out an employment policy consultation and career guidance activity; Provide employment handbook. Human resources and social security departments and education departments, public employment (talent) service institutions and employment service institutions for college graduates should strengthen the connection of management services before and after college graduates leave school to realize the sharing of information resources. It is necessary to focus on unemployed college graduates leaving school, establish an "information database of unemployed college graduates leaving school", establish a "one-on-one" assistance mechanism, and provide employment information that basically meets their conditions for those who need employment information services at least three times by holding special activities such as employment service week and employment service month for college graduates; Anyone who wants to improve vocational skills should provide at least one vocational skills training opportunity; For those who meet the support policies, help them implement relevant support policies. Colleges and universities around the country should strengthen targeted employment services and promote employment equity according to the characteristics of female college students.
2. Do a good job in internship and vocational skills training for college graduates to improve their employability. Colleges and universities should strengthen contact and cooperation with local governments, trade associations and enterprises. For the purpose of promoting employment, we will build practical teaching and training bases. Higher vocational colleges should actively implement the "double certificate" system and implement various forms of "order-based" talent training with industry enterprises. Increase the arrangement of productive practice teaching, ensure that students have a certain period of internship learning experience before graduation, and actively explore the establishment of relevant systems. All localities should organize 350,000 college graduates' employment internships in accordance with the national task of 20 10, and implement them at different levels to establish a responsibility system for work objectives. Further mobilize a number of qualified employers as internship bases for college graduates and vigorously develop internship positions. Further improve the trainee management system, improve the quality of trainees, implement the basic living allowance policy for trainee graduates, and encourage trainee units to actively recruit trainee graduates. Public employment (talent) service institutions should open a trainee registration window and improve the trainee service. All localities should organize unemployed college graduates to participate in vocational skills training and entrepreneurship training in combination with market demand and personal wishes, and implement relevant policies.
3. Strengthen employment assistance for difficult college graduates. All localities should incorporate college graduates with employment difficulties into the overall work of local employment assistance and give timely assistance. We will implement policies such as free participation of difficult college graduates in various recruitment activities, exemption of civil servants and state-owned enterprises and institutions from registration and medical examination fees, and participation in vocational skills training and appraisal. We will implement policies such as social insurance subsidies and public welfare post subsidies for college graduates to work in grass-roots public management and service posts. All localities should attach great importance to long-term unemployed college graduates living in big cities and take effective measures to strengthen employment services and assistance to protect their legitimate rights and interests.
4. Do a good job in the employment of minority college graduates. Encourage unemployed college graduates in ethnic minority areas to participate in vocational skills training, and provide vocational training subsidies in accordance with the regulations. Social insurance subsidies and public welfare post subsidies will be given to ethnic minority graduates with employment difficulties who are placed in grassroots public welfare posts such as medical and health services, agricultural and animal husbandry production guidance and ecological environment protection actually developed in ethnic minority areas. When recruiting personnel for special projects, they should be inclined to minority university graduates. Recruit civil servants and staff of institutions in ethnic minority areas, recruit employees in large and medium-sized state-owned enterprises in ethnic minority areas, and give priority to recruiting ethnic minority college graduates under the same conditions.