Fortunately, one is to negotiate with the unit to cancel the agreement, and the other is to lose money. As a student who has just entered social work, there are some things that you need to understand. About signing/breach of contract
(1) Signing
Generally speaking, there are two types of signing: signing an offer and signing a three-party agreement. Among them, the former has far less binding effect on individuals and enterprises than the latter. They are introduced separately below.
1. Sign an offer
An offer is generally an employment intention provided to you by your employer in the form of a contract, requiring you to sign the above
Signing indicates that you accept the other party's employment intention and are willing to work in the unit. Therefore, this is actually equivalent to a contract signed by individuals and enterprises. Generally, this form is more common among foreign companies. In addition, those units that do not
resolve household registration will usually sign such an offer with you, and then wait for you to officially work.
< p>Sign the labor contract again.I would like to remind everyone that you should understand the following points before signing an offer:
1) The role of an offer.
The offer is an employment intention signed by you and the company, and it does not involve the school. Therefore, it has little binding force on you
Similarly, it does not have much binding force on the company. This means that you can not go at any time, and the company can not want you at any time. Therefore, if you really want to go to this company, you must sign a three-way contract with them to ensure that you will be hired. And if the company refuses to sign a three-party contract with you and only signs an offer, it means that it cannot help you settle in. This situation is more common among companies in Beijing and Shanghai, because it is restricted by the household registration quota. Many
units are indeed unable to help you settle in or receive your files, so they cannot sign a three-way contract with you, they can only sign an offer
. In this case, you will face two choices: either, find an organization to register your household registration and files before graduation (such as Tianjin Talent Market), that is, sign a three-way contract with this organization; or, upon graduation, The household registration and files were restored to the original registration. In either case, the result is the same: after graduation, your household registration and files will remain in the affiliated unit or you will be returned to your place of origin. Then, you will sign a formal labor contract with the company where you signed the offer. , went to work. In both cases, you are working in Beijing or Shanghai as a foreigner. In other words, you do not belong to this city and are no different from migrant workers.
2) If I don’t go to this company after signing the offer, is it considered a breach of contract? Do I need to pay liquidated damages?
Answer: Yes. Although an offer is not a three-party agreement, it is actually an informal contract signed between you and the company. Therefore, if liquidated damages are agreed in the offer, then if you don't go, even if you breach the contract, you still have to pay liquidated damages.
Please be aware of this. If you violate the offer, you will also need to pay liquidated damages, if stipulated above. If the offer does not stipulate liquidated damages, then generally there is no need to pay liquidated damages.
But at this time, you are damaging your personal credibility. Therefore, you still need to be cautious when signing an offer.
In short, in most cases, signing an offer does not prevent you from finding other jobs, but it does not mean that it has no binding force on you
Therefore, before signing an offer, you must think clearly: are you able to accept the benefits, working location and other factors provided by this offer? If you cannot accept it, then it is recommended not to sign.
2. Sign a tripartite agreement
This is a formal agreement signed by fresh graduates and their units and schools. It has a strong impact on units, schools and individuals
It is binding and is also the formal form of signing. This process involves many factors, which are introduced one by one below.
First of all, before signing a contract, you must ask HR or other people for the following information:
1) Household registration
You must ask clearly whether this unit is " Guaranteed to resolve the account," "Try our best to resolve the account," "Not guaranteed to resolve the account," or "Regardless of the account." This is very important especially for students who signed contracts with units in Beijing and Shanghai. Because Beijing
and Shanghai are stricter about double foreign cards, it is very important whether the employer can help you obtain a household registration
. Regarding Beijing household registration, generally speaking, most state-owned enterprises, institutions, research institutes, and civil servants are capable of handling household registration. However, except for civil servants, others still need to ask questions clearly. The ability of foreign companies and private companies to handle household registration
is much worse than that of previous units, but different units are also very different. For example, IBM and Huawei can get a lot of money every year. Quota. Therefore, for these units, we need to ask more clearly how likely it is to solve the household registration problem.
Shanghai's household registration has been based on a scoring system over the years, that is, you are scored according to your personal situation. If you exceed the score line, you can get a Shanghai household registration. The impact of enterprises on whether you can obtain a household registration lies in the scoring standards
p>
"5 points for unit credibility" and "2 points for regional orientation", so before signing a contract, these factors must be verified clearly
In these two items, what can the unit do? Score some points. Then, rate yourself according to your personal situation and with reference to Shanghai's scoring standards
Note: All awards and patents are based on those obtained during your highest academic degree.
After verifying your score, compare it with previous scores to determine whether you can obtain a household registration. The score line was 64 points in 2005 and 68 points in 2006. This year's score has not been released yet, but it is estimated to be around 70 points. Friendly reminder: I asked the teacher at the Employment Guidance Center and my friend who is a civil servant that Shanghai’s hukou policy may change this year. First, the score line will be raised, and secondly, it may not be certain if the score line is reached. Can obtain a Shanghai household registration
. So basically, most people who go to Shanghai this year probably don’t have a household registration. Students who signed a contract in Shanghai, please be mentally prepared. Otherwise, you will have to apply for a residence permit. This is also an important reason why I didn’t go to Shanghai in the end.
As for whether household registration is important and what its use is, we have discussed it countless times on the Internet. All we can say is: if you think it is important, then it is important; if you think it is not important, then it is not important. Personally, I think it is very important, because if you want to develop in a city for a long time, hukou plays a very important role. Take Beijing as an example: if you don’t have a Beijing hukou, when you When you want to change jobs, you will find that the units you can choose from are very limited, because when many units recruit people, they often require Beijing students and Beijing hukou. Without Beijing hukou, you cannot take the Beijing Civil Service Examination. This is the direct impact of hukou on us. In the long run, marriage, going abroad, children's schooling, business dealings, etc. will also be affected. Of course, if you want to go abroad in the future, or don't want to stay in Beijing or Shanghai all the time, then your hukou may not be important. If you have not obtained an account as a fresh graduate, there are four ways for you to obtain an account:
<1>Buy an account. Many people on the Internet say that you can buy a Beijing household registration for 3W, but in fact it is far from that simple.
You must be a fresh graduate, have very reliable connections, and obtain a household registration through very reliable channels
and make sure not to be deceived. In addition, from Judging from the settlement situation in Beijing this year, it is very difficult to buy a household registration.
<2>After staying in Beijing and Shanghai for several years, you can obtain a household registration according to the introduction of high-tech talents. This method is extremely difficult
so don’t count on it.
<3>Marry a local. This is the most direct way, and the advantage is that your next generation can become Beijing and Shanghai people. However, if you want to transfer your own account, it will take several years, meet certain conditions, and go through certain procedures.
<4>Continue to study for a master's degree (PhD). In other words, if you continue studying and apply for hukou as a fresh graduate when you graduate, you will still face the problem of settling in, and the hukou policy will inevitably be unpredictable. Therefore, for most people, if they want to obtain a Beijing or Shanghai household registration, they basically only have one chance to graduate. Students who are looking for a job, please think clearly about this.
It would be best if the employer guarantees to settle the household registration for you. But if the employer
does not settle the household registration, then remember: you must not sign a three-party contract with it. Some units that do not care about the household registration and still ask you for a three-party contract
are extremely irresponsible. , beware of being deceived. In this case, you either need to buy a household registration, usually through personal relationships to contact units with wealth indicators, sign a three-party registration file with them, and sign with your employment unit
Labor contract; or find an employer in Tianjin or other places to work with, usually a three-way contract with them, which costs several hundred yuan a year. They are responsible for helping you settle in and keep files. Each college will have corresponding Affiliation information; or
Waiting for the household registration and files to be returned to the place of origin when graduation. Special note is that for those units that "try their best to resolve the household registration" or "do not guarantee the settlement of the household registration", if they sign a three-party contract with you, you will actually have to bear certain risks. Once you are not left behind in the end, it will be considered a breach of contract by the employer, and the three parties will definitely refund it to you, and you can go back to school to apply for reassignment. In most cases, the household registration and files will be returned to the place of origin, because it is no longer possible to sign with another unit at that time.
Under this year's employment situation and household registration policy, it is difficult to have both household registration and salary. There are too few units that can provide household registration and high salary at the same time, and the competition is quite fierce. Students looking for a job must weigh the importance between the two and not
make a decision that they will regret.
2) Benefits
This must be discussed before signing a contract. There are many factors involved, but remember: don’t look at the money on the surface, nor the possible income that HR says, but the actual annual income you can get, and local consumption. level.
Benefits mainly include: wages, bonuses, subsidies, benefits, stocks (options), insurance, and provident fund. The following
specifically introduces the details that should be paid attention to in each part:
<1>Salary: Be sure to ask whether it is before tax or after tax. It goes without saying. In addition, you also need to ask clearly how many months it will be issued. For example: the pre-tax salary is 7,000 and the salary is paid for 13 months, then the annual income is 7,000*13=91,000. Many units
provide double salary at the end of the year, and some units will pay for 14-16 months. For example, IBM pays for 14 months. So
you must look at the annual income.
<2>Bonuses: Many unit bonuses account for a large part of the income. For example: Lenovo, Baidu, and TravelSky have quarterly
annual bonuses, year-end bonuses, and projects. Awards, Huawei also has project awards and year-end bonuses, while InstantLink does not have bonuses.
Different units have different situations, and the amount of bonus is also different, usually ranging from thousands to tens of thousands, so regarding this
Be sure to ask clearly and confirm The bonus you can get is the lowest.
<3>Subsidies: Some units will have various subsidies, such as: communication subsidies, housing subsidies, food subsidies, etc., for example:
For example: Huawei has a 1,000 meal subsidy, ZTE It seems that there is also a 500 meal subsidy. In some units, these subsidies plus one yuan of income
will be very considerable, so you should also ask clearly.
<4>Welfare: For some state-owned enterprises and institutions, there are often some benefits, such as: festival fees, summer cooling fees, heating fees, shopping vouchers, Movie tickets, daily necessities, etc. It's best to inquire about this with your internal seniors
sisters.
<5>Stocks: For many companies, stocks are a very attractive benefit they provide. For example: Google
will provide employees with 30 shares, Huawei 99 Before 2000, Jinling earned hundreds of thousands a year from stocks, and Baidu's listing created thousands of millionaires and so on.
Generally speaking, it is unlikely that companies that have gone public will provide stocks.
On the contrary, some companies that are about to go public are very likely to provide stocks. For example, CINET provides stocks to employees
Tickets. In this regard, you must look for opportunities. If there is such an offer, do not miss it.
<6>Insurance and provident fund: often referred to as "five insurances and one fund". The five insurances refer to: pension insurance, medical insurance, unemployment insurance, personal accident insurance, maternity insurance, and one fund refers to the housing provident fund. I remember that these are stipulated by the state. Enterprises are not allowed to refuse to pay for you for any reason, and the proportion of individual and enterprise contributions is stipulated. But something to note is: the payment base. Many units make a fuss about this. For example: your salary is 5,000, and they use 2,000 as the payment base. In other words, they multiply it by a fixed ratio and pay you 5.
There is one fund for insurance. In this regard, you must pay attention to ask clearly about the payment base to avoid being cheated. The provident fund ratio of some units is very high, so your salary will be deducted a lot, which means the company pays more money, and once you buy a house, all this money will be Your own, so this part of your income cannot be ignored. In addition, some units will also provide you with supplementary medical insurance, supplementary pension insurance, supplementary accident insurance, interest-free housing loans or affordable housing, etc.
You should also ask clearly . Add these earnings together to get your annual income. Then consider the wage level
and consumption level in the workplace. For example: an annual salary of 8W is spent in Tianjin, which is undoubtedly a very high relative income. This is why so many students (including those who have signed) go to ZTE Tianjin.
3) Job content
You must ask clearly about your specific position, the work content of this position, and where the company is located. Generally speaking
if it is the company's core business department, it will receive more attention and its development prospects will be better. If it is other
auxiliary departments, it may receive less attention. Some, of course, there is no absolute, the key is to see whether your work has technical content, whether it will help you improve your personal abilities and career, and whether it will help you change jobs or get promoted
Any help?
4) Overtime/business travel
For some companies, overtime is inevitable, such as: Huawei, ZTE, Microsoft, IBM...basically
Most IT companies have to work overtime; and for some positions, frequent business trips are unavoidable, such as: field engineers, HR, sales, etc.
For these, you need to understand these in advance and be mentally prepared. For example, Huawei may be sent overseas for several years, and the conditions are very difficult. If you cannot tolerate long-term overtime work or business trips
, it is recommended not to sign. Also, ask whether there is overtime pay for overtime work. Nowadays, it seems that most companies do not pay overtime
for overtime work. A few companies do, but it seems that the state has regulations: If you work overtime on Saturdays and Sundays,
you can. Overtime pay is three times the normal salary. If you work overtime on statutory holidays such as May Day and National Day, it seems that the overtime pay you deserve is better. You can check for details. In addition, there is a business trip allowance. Generally speaking, business travel
basically does not cost you money, and many companies will provide additional business travel subsidies, such as: Huawei Overseas is good
like 70 US dollars per day. You should also ask this clearly, because it is your own legitimate rights and interests.
5) Training
For fresh graduates, the company’s training system is a very important consideration. If a company
has very good With a good training system, you can quickly grow into an outstanding talent within a few years
This will undoubtedly be of great help to your career. P&G, Mars, and infosys are the most famous
Their complete training systems can indeed greatly improve your personal abilities in a short period of time, so
every year That’s why so many students were attracted to apply. To some extent, good training is more attractive than favorable treatment
.
Therefore, before signing a contract, be sure to ask what training programs the unit has, and then see whether these training programs are helpful for personal growth.
6) Development opportunities
This is also a very critical factor. I think it should be the first factor to consider when looking for a job. Just imagine: if there is a good job opportunity that allows you to directly contact the most advanced and core industry< /p>
Services, or you can have access to the company's senior management, or you can get some very useful customer resources, or
you can quickly enter the management in a short period of time, so what other factors count? ? I believe that the most attractive thing about ZTE Tianjin is the development opportunities it provides. On the contrary, if the organization you go to is bloated and everyone is involved, or the people above are keeping you pressured and unable to get a job, even if you are offered a very high salary, there are still < /p>
What does it mean? Of course, if you want stability, a unit like this is also a good choice. Personally, I feel that when considering development opportunities, three main aspects should be considered:
<1>Industry background: The background and development of the industry in which the company is located must be comprehensively considered. The current situation, and more importantly, we must have an accurate prediction of the development prospects of this industry. Personally, I feel that it is best to choose an industry that is in a stage of rapid development.
<2>Company background: Consider the company’s position in the industry, its current development status, operating performance
, and future development expectations. Personally, I think it is best to choose a company that is in a rapid development stage.
<3>Personal opportunities: It depends on the status of your department in the company, the promotion opportunities and development prospects of your position
. In short, the more important the department, the better, and the fewer people, the better, so you have more opportunities.
7) Contract term and liquidated damages
Generally, companies sign contracts for 3 years, some companies sign contracts for 5 years, and some companies sign contracts for 1 year, such as Huawei (later I inquired, and they also signed contracts for 1 year).
3 years). In addition, some units have a confidentiality period, and some units will sign a non-compete contract with you. The situation of different units is different.
The situation of each unit is different. At the same time, there will also be relevant provisions on liquidated damages. Generally speaking, if the liquidated damages are particularly high, you should be careful when signing the contract, because it is likely that the unit is not good and cannot retain people, so it will tie you up with high liquidated damages
. However, the state has regulations: the upper limit of liquidated damages cannot exceed xx months' personal salary. You can check it online
. If your employer fires you during this period, you will receive N+2 months' salary as compensation. For example: You
signed with the company for 3 years, and both parties agreed that the company’s liquidated damages are N+2. Assume that the company fires you in the second year, that is:
You work for the company If you work for one year, then you will receive 1+2=3 months’ salary as compensation, if you are not satisfied with your job
One year counts as one year. During the probation period, any party shall not be liable for any breach of contract.
8) Three-party liquidated damages
Three-party liquidated damages are different from labor contract liquidated damages. It only restricts your behavior before reporting to the company.
Therefore, we must also be clear about the liquidated damages of the three parties. Don't take the initiative to ask. Usually the company will take the initiative to tell you when signing the contract how much the three parties' liquidated damages are, and then write it in the remarks column of the three-party agreement. Some companies do not require liquidated damages
, such as Huawei.
9) Company reputation
This is also very important. You should find out through other channels. Specifically, you can search for reviews about this company on the Internet. You can also ask senior brothers, sisters or other acquaintances who work there to find out what everyone thinks about this company. company reviews. If most people have negative comments about this company, it is recommended that you still consider it carefully
.
Next, when formally signing a three-party contract with the company, you should pay attention to the following matters:
1) If you really want to go to this company, fill in the "Agree" in the personal opinion column Go to xxx unit to work”
2) If the other party promises you to settle the Beijing household registration, be sure to write this in the remarks column behind the three parties,
For example, “xx company promises to "I will settle the Beijing household registration myself", which is to protect my legitimate rights and interests. Of course, the company
will also write "liquidated damages xxx"
Summary: Signing a contract is a very serious matter, and it may also be the most important thing in your life. Yes, so please
everyone must take it seriously, obtain as much information as possible, listen to opinions from all sides, and make rational
decisions. Don't end up regretting it.
(2) Breach of contract
Every time you sign a contract, there is a breach of contract, and in the current job search situation, breach of contract has become a very common phenomenon. Below
, let me tell you what to pay attention to when breaking the contract.
First of all, I would like to emphasize one point again: signing a contract is a very serious matter and must be taken seriously. Don’t sign a contract haphazardly
, and don’t break the contract haphazardly. What it brings is damage to the company, the school and your personal reputation.
So I would like to remind everyone: you must think carefully before signing a contract, especially for a company you definitely don’t want to go to, and don’t sign casually.
Once a breach of contract is made, it will cause huge harm to the company, school or individual. At the same time,
you may pay a huge price for your breach of contract. Most people are ready to default for one reason: they have met a better company. A basic breach of contract process is:
1. Negotiate with the original unit, accept the breach of contract from the original unit, and pay liquidated damages in accordance with the provisions of the tripartite agreement (some units
do not charge liquidated damages ), a letter of rejection is issued from the original unit.
2. Obtain an acceptance letter from the new unit.
3. Take the letter of rejection from the original employer and the letter of acceptance from the new employer to the Employment Guidance Center to receive the new employer (sometimes no acceptance letter is required).
4. Get a new third party to sign a contract with the new unit.
In this process, the key lies in the first step: how to negotiate with the original unit and obtain a refund letter. The specific situation varies from unit to unit, and some units may delay for a long time. For example, Hua 3 usually does not issue a refund letter until March. So
So, if the signing time of the new company is very tight, and the original company will not issue you a refund letter soon, the result
is likely to be: your two companies The employer couldn't sign me, so I lost my job.
So, students are reminded to calculate the cost of breach of contract before deciding to breach the contract, and think clearly about the following questions:
1. Is the new unit a higher level than the original unit? That is: Is it worth defaulting on the old unit for the new unit? If
the two units are similar, it is recommended not to breach the contract.
2. What is the latest contract deadline given by the new unit? If I file a breach of contract with the original unit, can it be completed before the contract deadline for the new unit
? If you are not sure, it is recommended not to breach the contract.
3. Has the original unit ever successfully breached the contract before? What is the impact? If most of the previous breach of contract cases did not go well, it is recommended not to breach the contract.
The most critical factor here is: the attitude of the original unit towards your breach of contract. After all, this is a very bad behavior that will cause losses to the unit and have a very bad impact on personal reputation and school reputation. This
attitude determines whether you can successfully breach the contract, how long it takes to breach the contract, and whether you can sign a contract with a new unit in time.
Personal suggestions:
1. Be honest with your new employer, explain your situation, and ask if you can extend your time. The new unit may not accept students who have defaulted, and may not give you time to relax. In this case, you won't have to put in the effort. Of course,
you don't have to say it, but you must ensure that before the contract deadline for the new company, you can successfully resolve the breach of contract with the original company
and come up with a new third party. Otherwise, you are very likely to face the danger of drawing water from a bamboo basket and getting nothing.
2. You must negotiate well with the original employer, be more sincere, explain clearly why you broke the contract, and apologize to the other party for your
behavior. At the same time, you should try to minimize the damage caused to the school's reputation by your breach of contract, because
that unit is likely to change its impression of the students of this university because of your breach of contract, and will not come to this university next year. In college,
the victims are still the students who are looking for jobs in the next class. So, find a way to make up for it. Usually, you can write a sincere public apology letter; write a detailed proposal to the unit, proposing the future development of the unit, recruitment work next year, etc. Some suggestions of my own; recommend a few of my classmates to the unit, hoping to give them
opportunities. Remember: when you give up an opportunity, don’t forget to fight for opportunities for the students around you. You should save more RP for yourself
.
In short, it’s still the same sentence: You must carefully consider what you do, don’t sign a contract easily, and don’t breach the contract easily.
It will be a huge harm to everyone. For every decision you make, you have to bear the corresponding consequences and costs!
Graduates must know: cadre status, tripartite agreement, dispatch certificate (don’t regret due to ignorance)
A lot of meetings about graduates have been held in the school, ears I have grown fat and my lips have become thinner. Many people follow the crowd and listen to it, but I believe that a large number of people do not understand some of the really important things. If you don’t believe it, you can ask yourself, what is a tripartite agreement? Who signed the tripartite agreement? What's the use? What does the household registration have to do with the third party? As the questions are raised one after another, you may have begun to feel weak. Here, I would like to briefly talk about some of the issues I know about this aspect so far. I believe there are many imperfections, but at least I believe it can help you.
The first is the basic life plan after college graduation (herein refers to students who are not working for the postgraduate entrance examination, Ph.D. examination, civil service examination, etc.): the one year after graduation is the most critical, for example, graduating in June 2008 For those who officially became workers in July, the year from July 2008 to July 2009 was the most important year for their basic life planning, due to three reasons - tripartite agreement, registration certificate (dispatch certificate), and cadre identity. About tripartite agreement: What is tripartite agreement? There are answers online, just look it up and you’ll know. But if we look deeper, some people must not know. To put it simply, a tripartite agreement is an agreement signed by the school, the student, and the employer on the implementation of the employment of graduates after leaving school. What many people know is that the tripartite agreement must be signed in the past, but it is not necessarily the case now. Signing is only a reference indicator for the school's employment rate statistics. The tripartite certificate is linked to the dispatch certificate, but I don’t have a Beijing household registration. If the employer signs the tripartite certificate, it will resolve your household registration, so now the employer no longer signs the tripartite certificate, especially private companies and so on. Yes, everything mentioned above is correct, so some friends gave up on the tripartite agreement, and just found a job, became a part-time worker themselves, and then only considered the labor contract. So what else is behind the tripartite agreement? In fact, there is still a lot hidden behind the three parties. If we talk about the tripartite agreement, then what must be mentioned is the dispatch certificate and the identity of the cadres.
The tripartite agreement serves as a basis for national statistics on the employment rate of college students, and is also a proof of the issuance of national dispatch certificates. Only if you sign the tripartite agreement and take it back to the school, the school will issue you a dispatch certificate after you graduate, and you will take the dispatch certificate to report to the unit where you work. From then on, the calculation of seniority will begin, and you will have a cadre Identity (Graduation is basically on June 25th every year, so the three parties must be submitted to the school before June 18th).
Dispatch certificate (registration certificate): The dispatch certificate is made in two copies, one part is the dispatch certificate and the other part is the registration certificate. The dispatch certificate will be placed in your file after you graduate and will be sent directly to your unit from the state (the file is a state secret and is not allowed to be held by individuals. If your employer is qualified to keep files, then your file will be placed in the unit) , if not, the unit will pay to store your file in a job market-type file storage location. If you have no job, your file will be returned directly to your place of origin). The registration pass will be handed over to you for safekeeping.
What must be emphasized here is that many people lose their registration cards not long after graduation. When the unit wants to mention you a few years later and requires you to show your registration card, many of them don’t have it and can only run away again. If you go back to a certain place to get a new certificate, the certificate at this time will not be so easy to open, so I advise you to keep it safe.
Extended reading: How to buy insurance, which one is better, and step-by-step instructions to avoid these "pitfalls" of insurance