First, the difference between employment agreement and labor contract
Employment agreement is an agreement between college graduates and employers to establish labor relations and clarify the rights and obligations of both parties in graduate employment. The Interim Provisions on the Employment of Graduates from Colleges and Universities promulgated by the Ministry of Education requires: "After the supply and demand meet and the two-way choice is made, graduates, employers and colleges and universities should sign an employment agreement for graduates as the basis for the designated employment plan and dispatch."
A labor contract is an agreement between a laborer and an employer to establish a labor relationship and clarify the rights and obligations of both parties. The Labor Law stipulates that a labor contract shall be concluded when establishing labor relations.
(1) Different applicable laws and regulations.
The labor contract shall be governed by the Labor Law, the Labor Contract Law and the relevant labor and personnel regulations promulgated by the labor and personnel department. The employment agreement uses the Interim Provisions of the Ministry of Education on the Employment of College Graduates and related policies.
(2) Different applicable subjects
A labor contract is an agreement between a laborer and an employer to establish a labor relationship. As long as both parties reach an agreement through consultation, abide by Party A's laws, policies and regulations, and have no means such as fraud or coercion, this contract will come into effect after being signed and sealed by both parties. At present, the employment agreement needs the participation of schools and forensic institutions (personnel departments) in addition to the signature and seal of both graduates and employers.
(3) the content is different
The content of the labor contract is more detailed according to the provisions of the labor contract law. The terms of the employment agreement are relatively simple, mainly because graduates truthfully introduce themselves to the employer and are willing to report to the employer within the prescribed time limit. Employers truthfully introduce graduates and agree to hire graduates, and there are also some simple terms.
(4) Different applicable personnel
Labor contracts can be applied to all kinds of personnel. All People's Republic of China (PRC) citizens who have the ability to work and meet the conditions prescribed by law can sign labor contracts with the employer once they are hired after meeting with supply and demand and making two-way choices. The employment agreement is only applicable to college graduates and graduate students.
(5) The signing time is different.
Generally speaking, the employment agreement is signed before the labor contract is concluded. The employment agreement is signed by graduates after implementing the employer in the process of finding a job, and before students leave school.
Graduates conclude labor contracts after reporting to the employer. If graduates and employers have agreed in advance on wages, housing, etc. It can be indicated in the agreed terms of the employment agreement, which will be supplemented later, and the conclusion of future labor contracts should be recognized.
Two. Signing-Graduates sign employment agreements with employers.
Three forms of signing a contract:
(1) and registered in Shandong university graduate employment information online.
Online contract signing by employers inside and outside the province
(2) Persons who are not registered in Shandong University Graduate Employment Information Network.
Units in Shandong Province signed a paper agreement.
(3) Persons who are not registered in Shandong University Graduate Employment Information Network.
Employers from other provinces sign employment agreements outside the province.
1, online signing process
(1) Graduates log on to Shandong University Graduate Employment Information Network (), register personal information, make resumes, and remember personal account numbers and passwords.
If you forget your username and password, you can contact the school employment guidance center or the counselor and teacher in charge of employment in your college to terminate the labor contract. Set a new password through "Set Password", which is the same as the username.
(2) Employers (including units outside the province) log in to the "Information Network" to register and publish recruitment information.
(3) Graduates submit their resumes online to the intended unit (ordinary members can deliver 50 copies), and the employer sends the graduates an invitation to sign online, and the graduates complete the online signing operation as required.
(4) The employment system sends the signing information to the verification organ of the employing unit for verification, and generates an employment agreement (employment process in the province only).
(5) The employer prints the employment agreement in triplicate. After the employer seals and I sign, one copy will be kept by myself and the other by the responsible teacher of the college.
(6) The employment system sends the signing information to the school, and the school users review and record the employment agreement.
Flow chart of online signing
Graduate registered employer registration
↓↓
Create a resume and publish recruitment information
↓↓
Submit your resume and send an invitation for signature.
kilolitre (kl)
sign a contract
↓
Print the agreement → sign and seal for the record.
Step 1- Search for work information
1) search method (important function)
Intelligent search: comprehensive search: quick search. Through the above search, add the positions of interest to the position library for centralized processing.
2) Communication with the unit
You can receive an interview notice from the company.
You can view the messages that have been sent to the company.
You can check the resume that has been sent to the company.
Step 2-Make an appointment
After the graduates log in to the zone, click the "signing management" column under the "student online sign" on the left, and the list of signing invitations sent by the employer will be displayed on the right. Graduates click the "sign the contract according to the contract" button, and the online signing is established. Click the "Reject" button, and the online signing fails.
Precautions for online signing of graduates: After receiving the signing invitation from the employer, graduates must read the signing invitation sent by the employer before making an appointment within the validity period (the system defaults to 5 days). There are supplementary clauses in it, which involve the interests of students.
If "upon request" is selected, it means that the online employment agreement agreed by both graduates and employers takes effect, and the system also locks the function of graduates signing contracts with other employers online. Graduates can regain the right to sign network contracts with other employers only after terminating the agreement with the employer. This agreement is also the only basis for issuing registration cards to graduates.
Step 3- Protocol Management
After accepting the contract invitation sent by the employer, the graduates can see the information of the signed agreement in the column of agreement management, including the employer's name, job position, agreement number, employment status and other information.
Step 4- Archive the Agreement
(1) After a graduate signs an online contract with the employer, the employment system sends the signing information to the verification organ of the employer for verification, and generates an employment agreement (employment process in the province only).
(2) The employer prints the employment agreement in triplicate. After the employer seals and signs, one copy shall be kept by himself and the other by the counselor and teacher in charge of employment in the college.
(3) The employment system sends the signing information to the school, and the school users review and record the employment agreement.
Sample agreement generated by online signing (sketch)
2. The process of signing a written agreement
(1) Graduates log on to "Shandong University Graduate Employment Information Network"
(2) Use the function of "Input Employment Agreement in the Province" to input relevant information of the employer.
(3) Download and print four copies of the paper agreement. After the graduates sign and seal with the employer, they will go to the personnel department where the employer is located for online verification and affix the relevant official seal.
(4) One copy shall be kept by myself, and one copy shall be kept by the responsible teacher of the college.
Operation process of signing paper agreement
Postgraduate registration
↓
Enter the employment agreement for this province.
↓
Print employment agreement
↓
Bureau of Personnel online certification
↓
Sign and seal for the record.
Step 1- Enter employer information.
Note: This agreement is for graduates to sign contracts with units that are temporarily not registered in the province. After entering the employment agreement in the province, you will not be able to sign online contracts with other units.
Step 2-Print the agreement.
After confirming that there are no problems, the graduates print the agreement in quadruplicate. The graduates themselves sign the printed agreement, and the receiving unit and the superior competent department (or personnel agency department) of the receiving unit affix their seals.
Step 3-Online Authentication
Graduates or employers will send the signed agreement to the personnel department where the unit is located for online review and verification, and leave a copy of the agreement for the record.
Step 4-School Audit Archive
After the verification by the personnel department of the unit, the school passed the examination, and the signing information was transferred to the employment plan library.
Manually enter a sample of employment agreement in the province (illustrated)
3. Process of signing employment agreement outside the province
Receiving unit: a unit outside the province that is not registered in Shandong University Graduate Employment Information Network.
Operation process:
① Graduates themselves apply for employment outside the province on the Shandong University Graduate Employment Information Online;
(2) after the school is approved, the system automatically locks the function of signing in the provincial network;
(3) The graduates themselves go to the school employment office to receive a national unified paper employment agreement (in triplicate);
(4) After the graduates sign a paper employment agreement with the receiving unit, they will directly submit the agreement to the School Employment Office for review and filing;
⑤ Input the relevant information of the agreement into Shandong University Graduate Employment Information Network accurately as the dispatching basis.
Operation process of employment outside the province
Postgraduate registration
↓
Apply for employment outside the province
↓
Get a paper agreement
↓
Sign an employment agreement
↓
Online Registration Agreement → School Audit Archive
Step 1- Submit an application for employment outside the province
After the graduates log in to the zone, click the "Application for Employment Outside the Province" column under "Business Application", and the application interface outside the province will be displayed on the right. After the graduates fill in the reasons, click "Send Application" to send the application, waiting for the school to review.
The second step-to obtain a unified national paper agreement.
The second step-to obtain a unified national paper agreement.
Step 3-Enter an employment agreement outside the province.
After the graduates sign the employment agreement with the employer, they log in to the third step-enter the employment agreement outside the province. Shandong University Graduate Employment Information Network, click the "Student Online Sign" column under "Enter Employment Agreements from Other Provinces", and the employment agreement entry interface will be displayed on the right.
Matters needing attention in signing employment agreement
1. After the graduates reach the employment intention with the employers outside the province, they submit the application for employment outside the province on the Internet and get the employment agreement outside the province from the school employment office.
2. Before signing the employment agreement, consult with the employer on the following issues: whether to solve the local hukou, file takeover, whether to sign a labor contract after working in the unit, the number of years of signing the labor contract, whether to pay "five insurances and one gold", how many months of probation, wages and penalties, etc.
3. The contents negotiated with the employer can be written in the remarks column or additional clauses of the employment agreement, and both parties sign and seal it as a written basis.
4. For graduates who have signed employment agreements outside the province, if the employer cannot solve the local hukou, it is not necessary to enter the employment agreement into the employment information network of Shandong University graduates. The employment agreement signed only serves as the basis for establishing labor relations with the employer, and is used when reporting to the employer, not as the basis for school dispatch. Graduates can choose file accounts to return to their places of origin or personnel agents.
Third, the dispatch regulations
After a graduate signs an employment agreement with the employer, it shall be reviewed by the graduate employment department and reported to the school employment office for the record, and the school shall prepare an employment plan according to the employment agreement. Shandong Provincial Personnel Department prepares the dispatch plan according to the employment plan prepared by the school and issues the registration card.
(1) The graduates sent by the school use the Employment Registration Certificate for Undergraduate Graduates of Ordinary Colleges and Universities and the Employment Registration Certificate for Postgraduates (hereinafter referred to as the Registration Certificate).
(2) When the school reports the employment plan, it will uniformly recruit college graduates who have implemented the employment work unit (signed), and the graduates will be registered and dispatched according to the registration card.
(3) When the school reports the employment plan, the college graduates (unsigned) who have not yet implemented the employment work unit will be sent back to the student's place, and the personnel department of the local government will be responsible for helping them to continue to implement the work unit.
Fourth, the personnel agency system
Personnel agency refers to non-state-owned enterprises and institutions with foreign-funded enterprises, private enterprises and other non-competent units, and other enterprises and institutions that need personnel agency; After going abroad at their own expense and resigning and moving, the professional and technical personnel and management personnel of the unit have not yet implemented the provision of personnel file keeping or related personnel agency services.
How to handle personnel agency procedures
Employment unit graduates-one-time employment
(1) Sign the agreement-online and paper (with the employer)
② School dispatch
Dispatch Destination-Employer
Where does the archives go?-Talent Center
Where is the registered permanent residence?-Employer
Graduates who have not implemented employment units-solving problems such as settlement
(1) Sign the agreement online (with the personnel agency)
② School dispatch
Where to send it?-Personnel agent
Where does the archives go?-Talent Center
Account Location-Personnel Agency Office
Content of personnel agency
1. Responsible for the collection, arrangement, storage and utilization of personnel files of agents.
2 responsible for unemployment, pension and other social insurance services, and for its agency housing provident fund.
3. Transfer the relationship between party organizations and collect party dues on time.
4. Carry out training on agent positions and professional skills.
5. Provide information consulting services.
6. Handle other personnel management related matters.
In the above content, entrusted personnel agency can be divided into two categories: unit entrusted personnel agency and individual entrusted personnel agency. There is no administrative subordinate relationship between the talent flow institutions at all levels and the entrusted personnel agency, only related service matters.
Personnel agency is managed by contract, and both parties define their rights, obligations, responsibilities and deadlines in the form of contracts.
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