, This thing is very important report card on the written report, the report is going to place the tripartite agreement was to find a job under the agreement will be signed, and your cadre status only in accordance with the report card on time and Registration will only be activated after the address, report card has nothing to do with the account there is the tripartite agreement and report card information, your report card refer to the full name is \printed by the Ministry of Education, the provincial department in charge of the issue of employment of college graduates, and only included in the national employment program graduates was held. Arrangements for graduates in the workplace is the employer, and then switch to graduates of personnel files, accounts of the valid certificate. Only one of a report card, printed or issued by other departments of the report card is invalid. Report card must be well kept, for whatever reason, where the self-alteration, tearing up the report card will be canceled. Such as registration certificate is lost, should I apply for graduate, graduates from the school reported to the provincial authorities for approval and to be a replacement charge. Graduates leave school, have a report card. Some students did not sign with the unit, since that there is no report card, but in fact, some students have been assigned to students according to state regulations to provincial and municipal Graduate Career Center, to draw this part of the graduates do not forget to receive report card . Report card system followed for many years until today. The job market, a number of individual enterprises, foreign-funded enterprises that report cards do not need to graduate, but, as long as the employer responsible for students, should attach great importance to report card; for colleges and universities as the official Chinese graduates, in Under the current system, the role of report cards will affect your life after college. The role of report cards at least the following six points: 1, report card is to send a formal graduate education authority certificate; 2, the report card is a graduate certificate to the employer report, with report after report cards before they start to length of service ; 3, the report card is an important employer receives written proof of graduates; 4, the report card is a legitimate centers of any, records management agencies to receive proof of graduates of the file; 5, the report card is to give graduates the employer settled to take over the important documents and files based; 6, proof of registration certificate holder of the graduates are included in student enrollment plan of national unity; 7, the report card is a graduate of the cadres of identity. If there is no report card, students will lose cadre status, a social work staff (workers prepared); and graduate centers can not receive files. Personnel management in accordance with the provisions of the present, by the Bureau of Personnel Management (usually on the centers of the file), by the Bureau of Labor and Social Security Administration workers (usually on the staffing of the file.) Since the tripartite agreement the first step in the employment of college students, and most likely a part of a dispute, therefore, Miss Shi first tripartite agreement related to legal issues explained. Counsel pointed out that the history of the tripartite agreement was witnessed by the school as graduates and employers signed an agreement of intent, it has the force of law, but it can not replace the labor contract. Students must correctly understand and starting a tripartite agreement, it should be from four aspects: first, unique, and that more than graduates may not hold the tripartite agreement, if the student more than the tripartite agreement signed, the event of a conflict with the first an agreement shall prevail. Second, the legal effect of the time, the legal effect of the tripartite agreement to the graduates after the employer terminates report; Third, the tripartite agreement, the penalty must be made through graduates agreed, after consultation with the employer and the amount of liquidated damages must comply with the relevant provisions of the location of the employer; fourth, the remarks column, graduates should try to unit commitment, such as vacation, housing subsidies, to resolve accounts, insurance and other remarks column is written in clear, the reality is that 90% the tripartite agreement the above remarks column is blank. In addition, the history of lawyers also pointed out that the three parties involved in the tripartite agreement, the real is the obligation and rights of both employers and graduates, the school only as a witness unit, do not assume any responsibility. In explaining the tripartite agreement, the history of counsel with case for breach of contract issues with your classmates and the interaction, she reminded the graduating students, the upper limit on liquidated damages have different regulations around the Beijing area liquidated damages shall not exceed the graduation requirement Students pay the sum in December, while Shanghai is clear that graduates may not exceed one month's wages, and in most of the country are not clearly defined maximum penalty in this case,
UGG Adirondack, places the amount subject to mutual agreement. Graduates and employers also agreed liquidated damages to each other in response to employer non-compliance, and thereby protect their own interests. Probation, the history of the common law of labor disputes, concluded that the graduates to employers in the report, the tripartite agreement is terminated, the employer will contract with in a formal labor contract, which stipulated the trial of workers in the unit time, duration of service, wages and other matters relating to the welfare and so on, after the signing of the contract, both sides confirmed that the formal labor relations. In the above-mentioned content of the agreement, the trial is the easiest stage of a dispute. Therefore, the legal issues on the trial,
UGGS Kensington, counsel reminded the graduates of the history of the following: (In other words: the general order is to sign the tripartite agreement, and then reported that when the labor contract, which provides in relevant matters and probation issues. Moreover, during or after the trial if the employer refuses, then it needs to enumerate the relevant evidence!) time trial and the trial period the employing unit after the labor relationship with mutual understanding, choice and agreed not exceeding six months study period. Trial included in the labor contract in. In accordance with the \Of the labor contract in six months, the probation period shall not exceed fifteen days; labor contract in the six months to one year, the trial period shall not exceed thirty days; labor contract period of one year less than two years, probation period shall not exceed sixty days; labor contract more than two years, the probation period shall not exceed six months. It must be emphasized that the initial trial period for changes in employment or re-employment for workers in jobs or trades, may not renew the labor contract agreed liquidated damages. State agencies, universities, medical research, medical and administrative departments probationary period of one year trial period by the enterprise, the company (including foreign invested enterprises, joint ventures, private enterprises), labor relations and hospital adoption trial period. From 15 days -6 months. Probationary period may be extended, the probation period can not. Probationary period is a certain compelling force, the probation period is that both sides agreed. Trial period trial period is called the resignation of the trial, the meaning is that employers and workers can visit each other during this period are in line with their requirements, both parties to terminate the contract with a more liberal approach. According to the \Some employers of workers in the labor contract agreed to terminate the contract during the probation period to be held liable for breach, which in fact limit the right of cancellation of workers, so this convention is against the legitimate rights of workers, for this article agreed law, the law generally recognized as invalid. Trial dismissal under the \employee must provide evidence that during the probationary period does not meet the employment conditions. Graduates should be clear here, the employer requires the dissolution of the labor contract, the burden of proof in the employer, workers need to provide proof of their own to meet the employment conditions. Undoubtedly limit the burden of proof the employer terminates the labor contract arbitrary, the employer if the worker is no evidence that during the probationary period does not meet the employment conditions, the employer can not terminate the labor contract, otherwise, the employer must take responsibility for the unlawful termination of employment contract bring all the legal consequences. Some of the legality of the two trial will be the first employer and the worker after a trial period agreed upon the second trial, this situation should be treated differently. If you are after a trial period before and after the two sides in the contract after consultation determined, then the sum of more than two probationary period prescribed by law the maximum probationary period, more than illegal, no more than the two trial are lawful. Sign a probation contract is not signed labor contracts? Workers employed by the employer, the two sides in the labor contract trial period, trial period should be included in the term labor contract, labor contract is a prerequisite for the trial period there. Allow only the probation period the contract signed, not signed a labor contract. This trial concluded contract is invalid,
Moncler Jassen, but the \There are provisions in Beijing: Beijing labor contract regulations: only signed the contract trial period, after the probationary period the employer no longer willing to sign a labor contract, the worker can push against (such as probation in January, could push the contract for one year against , backstepping based at the \In addition, \History of the concerns of lawyers graduates live Q & A after an hour's lecture, the history of counsel to the immediate problems encountered students do on-site to answer them. As more questions, it is inevitable there will be the subject of repeated, for the convenience of friends, read, now all kinds of questions one by one as follows: 1, I signed a labor contract with the employer, the other party agreed to implement the account and have been fulfilled, but now I want to breach of contract, may I ask, if I make breach of contract, the account will not be affected. Beijing wants to fall on account, how can I do? History of Law: On account of the issues so both the students should know: In general, graduates of the account is in the labor contract where the employer after the fall, the public security organs under the jurisdiction of national accounts, the employer of employees Account no right of disposition. Therefore, the account after the fall of employment land unless I will otherwise account will not be moved out. If you only need to assume liability for breach of default, the account will not be affected. If you want to account fall in Beijing, as long as the re-signing of an employer in Beijing (to receive your account), to join the collective unit of account, or conditional, then the creation of a new family, himself the head of the household. 2, I signed a tripartite agreement with the employer, the remarks column in the states on account problems,
Piumini Moncler, housing problems, financial relief, training, and a variety of benefits. May I ask, if you do not sign labor contract, the contract is still valid. History of Law: still valid. If you have an employment contract, and for your welfare, and so have agreed to change the words, as changes to the original contract, subject to the new contract, if the two do not conflict, is still valid. If the new contract to change the contents of the original contract, also signed labor contracts with the new main. 3, I signed the contract with the employer in the agreed period of service in the company five years, the contract did not say that the issue of liquidated damages, but simply said that if the workers less than five years after graduation, then leaving the premises, workers need to pay compensation and other expenses 300% of the total, will not close the deal legal? History of law: illegal, is not in the labor contract agreed upon punitive damages, and damages must be based on actual loss of his subject. Funded training for employers in the service agreement will be reflected in the two conventions, one is a breach of contract agreement, a contract is damages. Liquidated damages is the employee unable to perform his contract to return to work, you have to bear the penalty, and this penalty does not have to bear the loss, liquidated damages in Beijing is the upper limit shall not exceed the sum of 12 months salary; on the unit paid to the employee the cost of various training and learning,
UGG Outlet Store, and if the employer training costs will be in breach of contract among the workers do not pay it. If there on the penalty did not reflect the content, but will lose out as a separate agreement for damages, you need to pay the loss. 4, in the tripartite agreement,
uggs outlet nederland, the employer promised financial relief 20 million, signed a labor contract in the overthrow of the tripartite agreement the employer's agreement, will be affected if I did not sign again, this time looking for work, tell me how to do? History of Law: The more remote jobs, or the conditions are difficult circumstances, employers generally to attract and appease the talent will make similar pledges. According to relevant laws, to change the 20 million contract to be mutual agreement, and if you do not agree to change, then the employer should be strictly according to the original implementation of the tripartite agreement of the contract. So you can ask for firm commitments to fulfill the tripartite agreement, if the other party will not perform, you can ask for compensation for your personal loss. Taking into account your personal relationships have been transferred to local, temporary job to find only in this place, you can then claim it as part of financial relief for 20 million loss. Of course, you can all claims, but not all support the law. (This shows that the legal effect of the tripartite agreement is still quite large) 5, I signed with Beijing, a unit of the labor contract, which stipulates that once I breach of contract, the employer will pay 10 million in liquidated damages, may I ask, in the Beijing area, breach of contract payment is calculated by the specific kind of? History of Law: Labor service period of five years, it is common practice in general hospital. In the absence of new laws enacted before the Beijing area the maximum penalty of 12 months still wages prevail. It should be noted that the agreement (contract) pay liquidated damages agreed upon is \The fixed income), this refers not to the basic wage, not including the encouragement of expenditure (such as bonuses, etc.). In your case, for example, liquidated damages provisions in labor contracts are thousands, if liquidated damages in excess of 12 months of wages, the excess part of the void, if less than this figure, then effective. Specific algorithm is: monthly salary × 20.92 (days). 6, the dispatch of the legal relationship between the parties is how to, in this relationship, the worker accounts, personnel records, etc. What is the situation, falls where? If you jump bad, accounts and files what will happen? History of law: Labor Relations is the case, for example, some of our foreign service, then the medical institutions, there are two forms, one form is that it is a medical office, no labor rights; other form of foreign employment enterprises have the right to employment, but in order to save trouble, taking into account insurance, account processing, etc. There are some very good links,
UGG Kensington, they will be managed out of the staff. Here, a temporary staffing agency is working with labor relations and labor contracts signed with them, insurance and wages are paid by them. Temporary staffing agency representing the employees assigned to foreign-funded enterprises themselves to work, temporary staffing company to provide labor services to employing units. In Shanghai, known as special labor relations, and in Beijing is determined to have no direct relationship between the two. Accounts, personnel files, insurance files are all temporary staffing agency. However, a temporary staffing agency account does not mean that in the temporary staffing agency has the right to dispose of such accounts, only a temporary staffing agency custody. If you jump bad, accounts and files can be moved to new units. When the conditions are ripe, you can also separate accounts. 7, and I agreed in the contract the employer's service for three years, I am afraid if I quit the service period, the employer withhold my account and other personal ties and other compensation to me to ask, what my fears are necessary? History of Law: not absolutely necessary, do not dispose of any business the right account, the account management is not the employer, at the employing unit on account, the employer is only a collective account of the head of the household, he was only custody. In addition, any employer not to withhold all documents and other important labor agreement to be to the individual compensation. 8, in the Beijing area, if some units in the contract to go to trial before the two last month, there is no written agreement and the like, should I go? A: In legal terms, any employer requires the employee to pay for their labor (to establish labor relations), then, must sign a formal labor contract, so if you do not sign is illegal, labor supervision departments will be fine, I have the impression in a contract is signed less five hundred penalty. Of course, when you encounter such a thing,
Moncler Online, so we have to pay the employer of labor, they pay the remuneration, the fact that we call in the law of labor relations, and also try out the problem does not exist. The fact that the labor relations provisions in the Beijing area is if you want to dismiss the case, must also terminate the labor contract in accordance with the procedures to carry out. Here there is a special, is that if employees refused to dismiss the case, the employer and the employee must sign labor contracts, labor contracts if the term of service is not consensus, then the law is one year. 9, may I ask the students after the signing of the tripartite agreement made in breach of contract, this time the school has no right to students 收取违约金? History of Law: the tripartite agreement between the parties with rights and obligations of employers or workers and students if you want to breach of contract, unless the students have a special agreement with the school, then under normal circumstances the school is not able to students 收取违约金's. 10 employers account for me for the Beijing, but when I, a unit of another phase, so the unit made the original breach of contract, they went to Beijing to account for costs on the grounds of liquidated damages to my request? Will legal? History of Law: Generally, if the contract for Beijing to account for the students to write out a clear, express similar: I go through to Beijing for your account, you long for me to provide the labor, if once the breach is pay a penalty ... ..., which could serve as a special treatment, the law encourages employers to ask for breach of contract requirements. If no such special treatment as a very accurate representation of it, this contract and pay a penalty not tied up, the students decided to breach of contract, the employer can not require students to pay as compensation for the loss. However, if the contract termination penalty, students still have to bear. 11, and Shanghai, an employer entered into a labor contract was agreed in the terms of the terms account for Shanghai, but the formal, because of the introduction of the new Shanghai municipal policy, the employer no longer meets the conditions for their employees account for , so now I can not account for Shanghai, in which case, Can I sue the employer, requiring him to fulfill the contract commitment? History of Law: This involves the existence of the exemption clause in the contract, this is an accident, there will inevitably unpredictable, if the policy change, the enterprise can not be foreseen can not be avoided, here is the exemption.
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