If the contract period is not expired, do I have to pay liquidated damages if I leave the company?

Article 36 of the Labor Contract Law of the People's Republic of China stipulates that an employer and an employee may terminate a labor contract if they reach an agreement through consultation.

Article 37 stipulates that workers are in advanceThirty daystoIn writingNotify the employer that the labor contract may be terminated. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Therefore, according to the provisions of Chinese law, the law tends to protect the rights and interests of employees, and therefore gives employees the right to terminate labor contracts freely, so as long as the obligation to notify the employer in writing 30 days in advance is fulfilled, the labor contract can be terminated.

China's Labor Contract Law stipulates that there are only two circumstances in which an employer can agree with an employee that the employee shall bear the liability for breach of contract, one is to agree on the service period after training, and the other is to have a non-compete obligation.

Therefore, professional things still need professional people to do, please know a little more about the law, it is beneficial and harmless.

In the employment contract, it is only allowed to stipulate liquidated damages for the period of special training and service period and business prohibition and restriction of the employee, and the employer shall not agree with the employee on the liquidated damages to be borne by the employee.

Therefore, if an employee resigns before the expiration of the time limit agreed in the labor contract, the employer may not require the employee to pay liquidated damages. The employer may file a complaint with the labor inspection department for the compulsory collection of liquidated damages.

Article 25 Except for the circumstances provided for in Articles 22 and 23 of this Law, an employer shall not agree with a worker that the worker shall bear the liquidated damages.

Article 22 Where an employer provides a laborer with special training expenses and provides him with professional and technical training, it may enter into an agreement with the laborer to stipulate the period of service.

If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training fees provided by the employer. The liquidated damages required by the employer shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period.

If the employer and the employee agree on the service period, it will not affect the increase of the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism.

Legal analysis: Liquidated damages are generally not required for resignation before the contract expires. However, the employee is required to pay liquidated damages in the following cases:

If the employee violates the service period agreement, he or she shall pay the liquidated damages to the employer in accordance with the agreement, except for the statutory exemption of liquidated damages; If the contract stipulates the service period for training, or stipulates a non-compete restriction involving trade secrets, the employee needs to pay liquidated damages if the contract is terminated early or the non-compete is violated.

Legal basis: Civil Code of the People's Republic of China

Article 577:Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:Where one of the parties clearly states or shows by its own conduct that it does not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

Article 579:Where one party fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary obligations, the other party may request payment from the other party.

Article 584:Where one party fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation for losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.