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The legal problem in the obtain employment that the undergraduate ought to know
From;    Author:Stand originally
Graduation eve often is undergraduates most business and a paragraph of tense times, apply for a job, choose unit of choose and employ persons, sign tripartite agreement and labor contract... in this process, of registered permanent residence and archives find a place for, the dispute of the detail clause in tripartite agreement, probation lets wet behind the ears undergraduate have too many visitors or business to deal with etc. Our newspaper consulted the senior attorney of domain of labor obtain employment, give directions how to answer the appears easily question in obtain employment process for undergraduates from the angle of labor law.

The lawyer thinks, this year's the problem that in be born in obtain employment process, encounters and dispute, summary rises to be concerned with tripartite agreement and probation mostly, these two respects deserve this year's unripe attention.

Tripartite agreement has legal effectiveness problem

Because tripartite agreement is the first pace of undergraduate obtain employment. Tripartite agreement is serve as testimony by the school, a when graduate and unit of choose and employ persons sign intentional agreement, it has legal effectiveness, but it cannot replace labor contract. This year's be born to should understand correctly and use tripartite agreement, should begin from 4 respects:

The first, uniqueness. Namely graduate does not get agreement of tripartite of hold much portion, if the student signs agreement of much portion tripartite, criterion once appear,conflict is with the first agreement accurate. The 2nd, legal effectiveness has time limit. The legal effectiveness of tripartite agreement ends namely after graduate reports for duty to unit of choose and employ persons stop. The 3rd, the amount of penalty due to breach of contract accords with a regulation. After by graduate and unit of choose and employ persons talk things over, the penalty due to breach of contract in tripartite agreement must agree, and the amount of penalty due to breach of contract must accord with the relevant provision of seat of unit of choose and employ persons; The 4th, remarks column is not blank. Graduate should as far as possible the acceptance the unit, like allowance of off, housing, solve registered permanent residence, insurance to wait for each acceptance to write remarks column clearly, column of the remarks in the tripartite agreement that actual condition is 90% above is blank completely.

In the tripartite that involves in tripartite agreement, the both sides that fulfills responsibility and right truly is unit of choose and employ persons and graduate, the school just witnesses an unit as, do not assume any responsibility.

Concerned lawyer reminds the undergraduate that is about to graduate, have different regulation about the upper limit each district of penalty due to breach of contract, below this kind of circumstance, negotiate amount to be with both sides accurate. Graduate and unit of choose and employ persons return penalty due to breach of contract of OK and mutual agreement, in order to answer the circumstance of beak a contract of unit of choose and employ persons, safeguard the rights and interests of oneself thereby.
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