The first batch of "post -00s" graduates have entered the workplace first, and the employment "avoiding pit guidelines" are here!

Number of college graduates in 2022

Break through 10 million for the first time

Different from previous years

The first batch of "post -00s" this year will be official

Entering the society and pouring into the workplace

Graduation season

A new round of recruitment will begin again

Remind you here

Five major traps in employment

About the "three -party agreement"

Case number one

Xiaomei is a fresh graduate of 2022. In January 2022, he signed the Employment Agreement with an unit with a unit, which agreed to report on August 1, 2022 that the default damage was 20,000 yuan. Xiaomei was admitted to a public institution in May 2022. She has a career establishment and also needs to sign an employment agreement. Therefore, she needs to go through the procedures for the termination of the contract with the original enterprise.

1. The first thing to be clear is

2. Can I not sign the three -party agreement?

Yes, there is no compulsory requirement.

but--

If you do not sign the three parties before graduation, you may cause your files and hukou to be dispatched by the school to the place where the student is located, and then the transfer of the file needs to be handled by yourself. It will have a little trouble.

Although the three -party agreement is not the same as the labor contract, it has legal effects. Once signed, no party may be relieved without authorization. This means that you only need to report to the company to report to the company within the appointment time, and your first job is guaranteed.

Reminder: Within one month of employment, you must sign a written labor contract with the employer to protect your legitimate rights and interests!

3. What should I pay attention to when signing?

Pay attention to whether the name of the employer that is filled in is consistent with the valid seal of the unit. If it is inconsistent, the agreement is invalid; when the graduates fill in their professional names, they must be consistent with the professional name of the school academic affairs office and cannot be briefed.

Considering the protection of their own rights and interests, if some parties need to be committed to each other, they must explain the agreement or supplementary agreement. Usually the employer will file a liquidated damages, and we must pay attention to the liquidated clause on the agreement. There are risks of breach of contract, and you need to be cautious when signing.

Pay attention to the rationality of the clause, and the employer shall not collect the registration fees, deposits, margin fees or seizure of their identity documents for any reason.

About the trial period

Case 2

Xiaomei interviewed a company during the graduation time. The company stated that she had to take a trial period for one year, and her salary was halved during the trial period. Xiaomei was helpless. Want to ask this reason?

Note: Of course not reasonable. The length of the probation period must not exceed six months, and the salary of the probation period cannot be set casually!

Related method:

Article 19 of the "Labor Contract Law of the People's Republic of China" stipulates that if the labor contract period is less than one year or not for more than one year, the trial period shall not exceed one month; More than two months; labor contracts with fixed periods and non -fixed periods of more than three years, and the probation period must not exceed six months.

The same employer and the same worker can only agree on the probation period.

Article 20 of the Labor Contract Law of the People's Republic of China and Article 15 of the "Regulations on the Implementation of the Labor Contract Law of the People's Republic of China" stipulates that the salary of workers shall not be lower than the minimum salary of the same position in the same position in the trial period or 80%of the salary agreed by the labor contract shall not be lower than the minimum wage standard for the employer's location.

About labor contract

Case II

After graduating from Xiaomei, he was hired as a technician by a company. The company paid 4,000 yuan a month to Xiaomei and worked until September the following year. The two parties did not sign a written labor contract, and the company did not pay Xiaomei to pay social pension insurance. In October, Xiaomei left the company due to disputes between the two parties and applied for labor arbitration on the grounds that the company did not sign a written labor contract.

Note: From the date of formal employment, the employer has established a labor relationship with employees, and a written labor contract shall be concluded. The labor contract can be signed before the employee is officially admitted or signed after the employment, but at the latest, it cannot exceed 1 month from the date of employment of employees.

The employer will establish a labor relationship with the workers from the date of use. If you fail to establish a written labor contract with the worker for more than a month, you should pay the workers 2 times a month in accordance with relevant regulations.

In the case of not signing a labor contract with the employer, if the worker wants to prove that there is a labor relationship with the employer, the following evidence may be used: salary issuance records, attendance records, social security payment records, and work on business trips.

About social security

Case 4

After Xiao Mei joined the job, in order to get more salary, discuss with the company whether he could not pay social security, and "realized" a partial salary. The company rejected her request.

Note: "Volunteer" abandon the agreement to pay social security without legal effect.

Related method:

The Labor Law of the People's Republic of China clearly stipulates that employers and workers must participate in social insurance in accordance with the law and pay social insurance premiums. In addition, the probation period is included within the time limit of the labor contract, so the employer should pay social security for workers in accordance with the law from the trial period.

Social insurance is mandatory, and no unit or individual can abandon social security through the agreement. Regardless of whether the workers are voluntary, it is invalid illegal acting to pay social security without paying social security.

Facing the increasingly fierce job search competition

Some graduates have chosen to start their own business

College graduates have rich theoretical knowledge

And strong willingness to start a business

But on the way to dream

Nor can you ignore the legal risks you may encounter

Case 5

The excuses of illegal elements use "technical neutral" and "earning fast money" to seduce college students who have just graduated and order them to scam -involved APPs, so that they can be reduced to the "knife maker" behind the new electrical fraud case. The crime is "helping information network crime activities". Some judgments on the China Truth Document Network show that young college students in similar cases have been sentenced to 1 to 3 years in prison. "Unknown" is not equal to exemption

These young people have constituted crimes

Related method:

Article 287 of the Criminal Law of the People's Republic of China 2: The crime of helping the information network crime activity refers to knowing that others use the information network to implement crimes, and provide Internet access, server custody, network storage, communication transmission, etc. Technical support, or the help of advertising promotion, payment settlement, etc. If the circumstances are serious, they will be sentenced to imprisonment or detention of less than three years, and they will be fined or single. If the unit offend the previous paragraph, the unit will be punished and the person in charge and other directly responsible persons who are directly responsible for them shall be punished in accordance with the prescribed paragraph of the first paragraph. For the first two acts, and at the same time, if other crimes are constituted, conviction and punishment shall be determined in accordance with the heavy punishment.

Case 6

Xiao Chen, who was trying to start a business after graduation, received a sales call. The other party claimed to be a bank's loan business staff who could provide high -limit loans for mortgage -free. Xiao Chenxin, who was urgently needed, thought that it was true, adding contact information with the other party, and providing personal information. When Xiao Chen wanted to withdraw the loan, the other party claimed that her bank card number was input error caused the card to be frozen. Trusting had to pay 10%of the loan amount, Xiao Chen found that she was deceived.

Related method:

Article 2606 of the Criminal Law of the People's Republic of China, with a large amount of fraud and private property, is in prison, detention or control of less than three years, and a single fine; For more than three years and less than ten years, it will be imprisoned and a fine; if the amount is particularly huge or other particularly serious, it will be sentenced to more than ten years in prison or life imprisonment, and shall be punished or confiscated property.

When seeking entrepreneurial funds

Try to loan through regular channels and official platforms

Do a good background investigation

Do not transfer individuals during the borrowing process

Hope today's content

The workplace who can help enter the society

Learn the usage, distinguish between right and wrong

Comprehensive: CCTV, China Youth Daily, Tianjin Gaofa

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Review: Wang Shaoyun

Editor: Wang An

Material arrangement: Wang An, Xu Xiaowei

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