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Sign a contract. Is a new student a new student

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Source: Legal Chart Compilation · 2024.03.02 · 3691 people have seen it
Guide: A new student signing a contract is not a new student. For a new student signing a labor contract, there are usually the following considerations: employment agreement: During college, the new student may sign an Employment Agreement with the employer. This agreement is a written expression of the employment intentions of both parties, and has certain legal effect. Labor contract: The labor contract signed by the current student with the employer after graduation is different from the employment agreement signed by the current student. If there is any doubt about whether the new student signing the contract is the new student, please refer to the following.

 1、 Sign a contract. Is a new student a new student

Signing a contract is not a new term Sign labor contract The following aspects are usually considered by the current graduates of

Employment Agreement:

During college, new students may sign an Employment Agreement with the employer. This agreement is a written expression of the employment intention of both parties and has certain legal effect.

Labor contract

The labor contract signed by the new student with the employer after graduation is different from the employment agreement signed by the current student. Labor contract is established Labor relations The employment agreement is more about the employment intention between students and employers.

Fresh graduates:

When fresh graduates graduate, if they are employed within one year, they are still regarded as fresh graduates. However, the specific situation may vary due to policy changes or regulations in different regions.

Policy support:

The national and local governments sometimes introduce employment policies for new graduates, such as "three supports and one support", "special post plan", etc. These policies are usually only for new graduates.

Enterprise recruitment:

When recruiting, enterprises may clearly point out whether new graduates are welcome to apply. Some positions may be more suitable for people with work experience.

If you are a new graduate, whether you are still regarded as a new graduate after signing the labor contract with the employer may depend on the specific situation and local policies. In practice, it is recommended that you consult the local human resources and social security departments or consult the latest relevant policy documents to obtain accurate information.

Legal basis:

The People's Republic of China Labor Contract Law 》Article 10 To establish a labor relationship, a written labor contract shall be concluded. If a labor relationship has been established but a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

2、 Sign the contract or sign the contract

The contract should be signed.

The meaning of "signing" and "signing" is determined after discussion. In many of the meanings of "sign" and "fix", the relevant meanings also have the meaning of "agree", that is, to be determined through consultation. It can be seen from their meanings that for a contract or treaty, it seems appropriate to use "sign" or "sign", and all of them are "sign" that is, sign -- sign and become effective, with the same procedure and effect. Therefore, the choice of the two seems to be a matter of customary and normative usage. But in terms of legal language, it should be written as a sign, not a sign. The legal language is more rigorous, and we should not use substitute words indiscriminately to create ambiguity. Therefore, it is to sign a contract, not a contract.

Legal basis:

Civil Code 》Article 465

A lawfully formed contract shall be protected by law.

A lawfully formed contract is legally binding only on the parties, except as otherwise provided by law.

III Invalidation of contract can terminate a contract

If the contract is invalid from the beginning, it does not need to be dissolved. The invalidity of a contract means that the contract does not conform to the legal requirements for the validity of the contract at all, and the contractual relationship is not established from the beginning, while rescission of a contract Means the extinction of a contract that has been validly formed; At the same time, if the contract is invalid due to the intentional violation of the law by the parties, the illegal property obtained by the parties shall be recovered, and there is no problem of recovering property when the contract is dissolved. Therefore, whether the contract can be rescinded does not exist.

Legal basis:

Article 155 of the Civil Code states that an invalid or revoked civil legal act is not legally binding from the beginning. The legal knowledge The content is only for reference. If you want to sign a contract, do you have any other questions, you can click the "Now" button below to consult the specialty lawyer Help for.


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