I 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:
While in college, new students may sign an Employment Agreement with the employer. This agreement is a written expression of the employment intention of both parties, with a certain degree of 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 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.
II Sign the contract Or sign a 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 legally formed contract only applies to party It is legally binding, except as otherwise provided by law.
III Invalidation of contract can terminate a contract 吗
If the contract is invalid from the beginning, it does not need to be dissolved. The invalidity of a contract refers to the fact that the contract does not conform to the legal requirements for the validity of the contract, Contractual relationship It was not established from the beginning, but rescission of a contract Means the extinction of a contract that has been validly formed; At the same time, due to the intention of the parties Illegal If the contract is invalid, the illegal property obtained by the parties should be recovered, while the termination of the contract does not have the problem of recovering property. Therefore, whether the contract can be rescinded does not exist.
Legal basis:
Article 155 of the Civil Code, invalid or revoked Civil juristic act It is not legally binding from the beginning. The legal knowledge The content is only for reference. If you have any other questions about whether a new student is a new student after signing a contract, you can click the "Immediate" button below to consult professional lawyers for help.
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