[Boutique] the difference between the agreement and the contract

First, the difference between the employment agreement and the labor contract

The employment agreement is an agreement between college graduates and employers to establish labor relations and clarify the rights and obligations of both parties in the employment of graduates. The Interim Provisions on the Employment of Graduates of Colleges and Universities Promulgated by the Ministry of Education requires: “After the supply and demand meets and chooses two-way, graduates, employers and institutions of higher learning shall sign a graduate employment agreement as a designated employment plan and dispatch. in accordance with."

A labor contract is an agreement between a laborer and an employer to establish a labor relationship and clarify the relationship between the rights and obligations of both parties. The Labor Law stipulates that labor relations should be concluded when establishing labor relations.

Applicable laws and regulations are different

The labor contract shall be governed by the Labor Law, the Labor Contract Law and the labor and personnel regulations promulgated by the labor and personnel department. The Employment Agreement uses the Interim Provisions on the Employment of Graduates of Colleges and Universities and Relevant Policies promulgated by the Ministry of Education.

Applicable subject

The labor contract is an agreement to establish a labor relationship between the laborer and the employer. As long as the parties agree, conform to the laws, regulations and policies of the A-A, without fraud, coercion, etc., the contract will be effective upon signature and seal by both parties. In addition to the signature and seal of the graduates and employers, the employment agreement currently requires the participation of schools and forensic authorities.

Different content

The contents of the labor contract are more detailed in accordance with the provisions of the Labor Contract Law. The terms of the employment agreement are relatively simple, mainly because the graduates truthfully introduce their situation to the employer and are willing to report to the employer within the prescribed time limit. The employer truthfully introduces the unit to the graduates and agrees to hire the graduates. Some simple terms.

Applicable people are different

Labor contracts can be applied to all types of people. All citizens of the People's Republic of China can sign labor contracts with employers as long as they have the ability to work and meet the conditions stipulated by law, after meeting the supply and demand, and making two-way choices. The employment agreement is only applicable to college graduates and graduate students.

Signing time is different

Generally speaking, the employment agreement is signed before the labor contract is concluded. The employment agreement is signed by the graduates in the process of finding a job, and the employment agreement is signed before the students leave school.

The labor contract is concluded after the graduates report to the employer. If the graduates and the employer have prior agreement on wages, housing, etc., they may be indicated in the agreed terms of the employment agreement, supplemented by the attachment, and the labor contract shall be recognized in the future.

Second, signing the contract - graduates and employers signed an employment agreement

Three forms of signing:

Shandong registered with the employment information of college graduates in Shandong

Online signing of employers inside and outside the province

Registered online with no employment information for college graduates in Shandong

Shandong Province signed a paper agreement

Registered online with no employment information for college graduates in Shandong

Foreign-invested employers sign an overseas employment agreement

1. Online signing process

Graduates log on to Shandong University Graduate Employment Information Network, register personal information, create a resume, and keep in mind personal accounts and passwords.

If you forget your username and password, you can contact the School Career Center or the counselor who is in charge of employment at the college. Set a new password by setting the password. The new password is the same as the user name.

The employer logs in to the "Information Network" to register and publish the recruitment information.

The graduates submit their resumes to the intended units online, and the employer sends an online signing invitation to the graduates. The graduates should make an appointment and complete the online signing operation.

The employment system transmits the contract information to the employer's attestation authority for verification and verification, and generates an employment agreement.

The employer prints the employment agreement in triplicate. After the unit is stamped and signed by the person, one person keeps it and one is handed over to the responsible teacher.

The employment system transmits the contract information to the school, and the school user reviews and files the employment agreement.

Online signing flow chart

Graduate registration employer registration

↓ ↓

Create a resume to post job information

↓ ↓

Submit resume delivery sign invitation

↘ ↙

Signing

↓

Print the agreement → Signature, seal and archive

The first step --- search for job information

1) Search method

Smart Search: Comprehensive Search: Quick Search, through the above search, add interested positions to the collection library for centralized processing

2) Communication with the unit

Can receive interview notices sent by the unit

Can view the message that has been sent to the unit

Can view resumes that have been sent to the organization

The second step --- should be

After the graduates log in to the zone, click on the “Accounts Management” section under “Student Online Signing” on the left, and the signing invitation list sent by the employer on the right. The graduates click on the “Approve” button and sign online. Once established, click the "Reject" button and the signing fails.

Precautions for online signing of graduates: After the graduates receive the invitation to sign the employer, during the validity period, the invitations to sign the contract before the appointment must be seen. There are supplementary provisions in the content that involve the interests of the students.

If “Acceptance” is selected, it means that the online employment agreement signed by both the graduates and the employer is officially in force, and the system also locks in the function of the graduates to sign online with other employers. Only after the agreement is terminated with the employer can the graduates regain permission to sign online with other employers. The agreement is also the only basis for issuing registration cards to graduates.

The third step --- agreement management

After the graduates sign the invitation to sign the contract, they can see the information of the signed agreement in the management section of the agreement, including the name of the employer, the position of the application, the agreement number, and the employment status.

The fourth step --- the agreement book

After the graduates and the employer complete the online signing, the employment system transmits the signing information to the employer's forensic authority for verification and verification, and generates an employment agreement.

The employer prints the employment agreement in triplicate. After the unit is stamped and signed by the person, one person keeps it and one of the counselors who are responsible for the employment of the college is kept.

The employment system transmits the contract information to the school, and the school user reviews and files the employment agreement.

Agreement form generated by online signing

2. Signing a paper agreement process

Graduates login "Shandong University Graduates Employment Information Network"

Use the “Entering the Provincial Employment Agreement” function to enter information about the employer

Download and print four paper agreements. After the graduates and employers sign and seal the two parties, go to the personnel department where the employer is located to verify and affix the relevant official seal.

One person keeps it, one is handed over to the college to save the teacher

Signing a paper agreement operation procedure

Graduate login

↓

Entering the Provincial Employment Agreement

↓

Print employment agreement

↓

Personnel Bureau online forensics

↓

Signature, stamped archive

The first step --- enter the employer information

Note: This agreement is for the graduates to sign up with the units that are not registered in the province. You will not be able to sign online with other units after entering the Provincial Employment Agreement.

The second step - printing the agreement

After confirming that there is no problem, the graduates will print the agreement in quadruplicate. The graduate himself signs the printed agreement, the receiving unit and the receiving department's superior department seal.

The third step - online forensics

The graduate or employer shall send the sealed and signed agreement to the personnel department of the unit where the unit is located for online audit and verification, and keep an agreement for the record.

The fourth step---school audit archive

After the approval of the personnel department of the unit, the school passed the examination and the signing information was transferred to the employment plan library.

Manual entry of a sample of the Provincial Employment Agreement

3. Signing the procedures for the employment agreement outside the province

Receiving unit: An out-of-provincial unit that is not registered online in Shandong University Graduate Employment Information

Operating procedures:

1 The graduate himself applies for employment outside the province on the employment information of Shandong college graduates;

2 After the school is approved, the system automatically locks the signing function on the provincial network;

3 The graduate himself went to the school employment office to receive a national uniform paper employment agreement;

4 After the graduates sign the paper employment agreement with the receiving unit, they will submit the agreement directly to the school employment office for review and filing;

5 Accurately enter the relevant information of the agreement into the employment information network of Shandong college graduates as the basis for dispatch.

Provincial employment operation process

Graduate login

↓

Apply for employment outside the province

↓

Receive a paper agreement

↓

Sign employment agreement

↓

Online Entry Agreement → School Audit Archive

The first step - submit an application for employment outside the province

After the graduates log in to the zone, click on the “Outside Employment Application” section under “Business Application”. The right side shows the application form for the out-of-province employment. After the graduate fills in the reason, click “Transfer Application” to transfer the application and wait for the school to review.

The second step---receive a national unified paper agreement

The second step---receive a national unified paper agreement

The third step - entry into the provincial employment agreement

After the graduates sign the employment agreement with the employer, they log in to the third step---into the employment agreement network of the Shandong University Graduates Employment Agreement, click on the “Entering the Foreign Employment Agreement” under the “Student Online Contract”. The right side shows the employment agreement entry interface.

Note on signing the employment agreement

1. After the graduates and the employers outside the province reach an employment intention, they submit an application for employment outside the province online and go to the school employment office to receive an employment agreement.

2. Before signing the employment agreement, consult with the employer on the following questions: whether to solve the local hukou, take over the file, whether to sign the labor contract, the labor contract signed the number of years after the work, whether to pay the "five insurance and one gold" , the trial period of several months, salary, liquidated damages and other issues.

3. The content negotiated with the employer can be written in the remarks column or additional clause of the employment agreement, and both parties sign and seal it as a written basis.

4. Graduates who sign the employment agreement 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 college graduates. The signed employment agreement is only used to establish labor with the employer. The basis of the relationship is used when the employer reports it, and is not used as the basis for school dispatch. Graduates can choose to return to the source of the file or the personnel agent.

Third, the dispatch regulations

After the graduates and the employer sign the employment agreement, they are reviewed by the graduate employment department and reported to the school employment office for filing. The school prepares the employment plan according to the employment agreement. The Shandong Provincial Personnel Department prepares a dispatch plan based on the employment plan prepared by the school and issues a “Registration Certificate”.

The school dispatched graduates to use the "National General Colleges and Universities Undergraduate Graduates Employment Registration Certificate" and the "National Graduate Graduate Employment Registration Certificate".

When the school submits the employment plan, the graduates of the colleges and universities that have already implemented the employment work units will be dispatched according to the registration of the “Registration Certificate”.

When the school submits the employment plan, the graduates of the colleges and universities that have not yet implemented the employment work units will be sent back to the place where the students are born, and the local government personnel department will be responsible for helping them continue to implement the work units.

Fourth, the personnel agency system

Personnel agency means that the personnel mobility institutions under the personnel administration departments at all levels are non-executive units such as foreign-funded enterprises and private enterprises, non-state-owned enterprises and institutions that do not have permission for personnel management, and other enterprises and institutions that require personnel agency; After leaving the country and resigning, the professional and technical personnel and management personnel of the unit have not yet implemented the personnel file storage or agency services related to personnel.

How to handle personnel agency procedures

Implement graduates of employment units - one-time employment

1 Signing an agreement---online, paper

2 School dispatch

Dispatch to the destination - employer

File Going----Talent Center

Account to go - employer

Graduates who have not implemented employment units - solve problems such as settlement

1 Signing an agreement---online

2 School dispatch

Sending a destination - personnel agency

File Going----Talent Center

Account destination - personnel agency

Personnel agent content

1. Responsible for the collection, organization, storage and use of the personnel files of the agents.

2. Responsible for handling social insurance services such as unemployment and pension, and acting for the housing provident fund.

3. Transfer the party organization relationship and collect the party fees on time.

4. Conduct agency positions and professional skills training.

5. Provide information consulting services.

6. Handle other matters related to personnel management.

In the above content, the principal agent can be divided into two categories: unit entrusted personnel agent and personal entrusted personnel agent. The personnel mobility agencies at all levels and the principal and agent agencies do not have administrative affiliation, and only act as agents for them.

The personnel agency implements contractual management, and both parties clarify their respective rights, obligations, responsibilities and deadlines in the form of contracts.