The flexible employment agreement is invalid. College students generally choose flexible employment after graduation. Flexible employment also requires signing a flexible employment agreement for graduates. When they leave their jobs, they need to cancel the agreement. Let's look at the failure of flexible employment agreements.
The flexible employment agreement is invalid 1 1. How to void the flexible employment labor agreement?
The ways in which the labor agreement is invalid mainly include: consensus is invalid; Workers voluntarily resign; The laborer is forced to invalidate the labor agreement; The employer unilaterally terminates the labor agreement due to the fault of the laborer; If the employer dismisses without fault, the labor agreement may become invalid after giving a 30-day notice in advance or paying an extra salary of 1 month; Economic layoffs; There are seven kinds of illegal termination of labor agreements by employers.
Workers who want to terminate the labor relationship with the employer generally need to notify the employer in writing 30 days in advance; If it is a probationary employee, it can be 3 days in advance. If the employer has a major fault, then there is no need to notify in advance. If it is an employer, the labor agreement needs to be invalidated before the laborer reaches an agreement. However, if the laborer has gross negligence, it can be unilaterally declared invalid.
Two, flexible employment labor agreement invalid way
Step 1: Apply for a new registration card at the Admissions and Employment Office.
The following materials shall be provided:
1, original registration certificate and household registration certificate (household registration agreement issued by fresh graduates);
2. Employment agreement, admission notice or agreement (the admission notice or agreement must be accompanied by a blank agreement. If the blank agreement is lost, a written commitment must be issued: promise to bear all consequences caused by losing the original agreement or signing the original agreement with other units. );
3. Letter of termination of the agreement from the original unit (only for graduates who have breached the contract).
Step 2: Go to the Provincial Education Department for review and seal.
Go to the Provincial Department of Education for examination and seal, and provide the following materials:
1, a new registration card issued by the Admissions and Employment Office;
2. Transfer application report issued by the Admissions and Employment Office.
3. Original registration card.
Step 3: Forward the document to the school archives.
Materials to be provided:
The registration card stamped by the Provincial Department of Education (that is, An Baili's "Notice of Employment of College Graduates in National Colleges and Universities") is forwarded to the school archives, and the forwarding address is informed in detail.
Note: Graduates whose files have not stayed in school can omit this step, but they must issue a written guarantee to ensure that the file problems involved in reassignment will be solved by themselves.
Step 4: Change the household registration at the household registration center.
Materials to be provided: original household registration certificate and new registration certificate.
Note: Graduates with registered residence and archives must go through the relevant formalities at the school security office before they can move into the household registration center.
Step 5: Report to the contracting unit.
The following materials shall be provided:
New arrival card; New account transfer certificate.
Invalid flexible employment agreement 2 Flexible employees also need to sign labor agreements, which can effectively safeguard the legitimate rights and interests of both employers and workers. Voluntary agreement is an agreement between workers and employers to establish labor relations and clarify the rights and obligations of both parties. It is a written legal document to establish labor relations between workers and employers according to the labor law.
Labor agreement is also an important basis for stabilizing labor relations, strengthening labor management by employers, protecting workers' rights and interests, and handling disputes between the two sides.
Extended data:
Precautions:
1. The parties who sign the employment agreement must have the qualification of legal subject. Generally speaking, the employer must have the ability to engage in various business or management activities, and the unit must have employment indicators and employment autonomy. Therefore, graduates should be cautious when signing employment agreements with employers and carefully understand the basic situation of employers in order to make correct judgments.
2. Sign the agreement according to the prescribed procedures: the employment agreement for graduates should be signed according to the prescribed procedures. Generally speaking, graduates should hold the "Admission Notice" of the employer to the school to receive the employment agreement, and after signing the contract with the employer, submit it to the school employment department for review. It should be said that this procedure is ultimately controlled by the school, which is more conducive to safeguarding the legitimate interests of students.
3. The contents of relevant clauses must be clear: therefore, graduates and employers should try to adopt model clauses when signing contracts. If it is really necessary to make changes or supplements, it should also be clear in content to avoid ambiguity, especially in terms of welfare benefits, working hours, liability for breach of contract, etc. Otherwise, once a dispute arises, due to the unclear prior agreement, it is not conducive to the protection of their legitimate rights and interests.
The flexible employment agreement is invalid. Schools should improve the corresponding management measures when formulating employment proposals for graduates, and jointly safeguard the seriousness of the national employment agreement for graduates with employers and graduates.
Once a graduate signs an employment agreement with the employer, the two parties form a contractual relationship (whether or not there is a school seal). Graduates who want to terminate the agreement with the original contracting unit for some reason must go through the formalities of breach of contract.
Graduates can go back on their word unilaterally, but they need to pay liquidated damages.
You can ask the school for a new blank tripartite agreement after breach of contract. There are no other adverse effects.
Generally speaking, students who want to have a secure job and seek a better job can sign first. If they find a more suitable job, the cost of going back on their word in the future is not very high.
The simple understanding of flexible employment is a kind of non-contract employment. The flexible employment that the school wants you to provide is mainly based on the preliminary statistics of the employment rate when the school declares the employment rate to the higher authorities. It doesn't matter much to personal influence whether to sign or not.
Some schools sign before sending cards (common in some schools with low actual employment rate). But it's against the rules. At this time, the choice is different. If you are tough, you can refuse the visa and take the dispatch card (because the school has no right to detain it unilaterally).
Extended data
A written agreement reached within the prescribed time limit to establish employment relationship and clarify the rights and obligations of both parties is an important evidence for employers to confirm the authenticity and reliability of graduates' relevant information and accept graduates, and also an important basis for colleges and universities to manage graduates' employment, prepare employment plans and handle employment settlement procedures for graduates.
The agreement will be automatically terminated after the graduates report to the unit and the employer formally accepts it. Employment agreements are generally prepared by the Ministry of Education or the competent employment departments of provinces, municipalities and autonomous regions.