What are the consequences of violating an employment agreement?

Updated on society 2024-02-27
7 answers
  1. Anonymous users2024-02-06

    If you sign an employment agreement at school, it mainly involves the issue of files, and it doesn't matter if your files are handled by yourself. It's just that the file was sent to that unit, and it was a little troublesome to go, and some went to work in a private company and didn't care about the file, and I haven't heard of anyone holding him accountable for many years. Later, I heard that the file was sent back to the school, of course, if you are not employed according to the agreement, your school's employment rate will not be counted as unemployed

  2. Anonymous users2024-02-05

    Articles 22 and 23 of the Labor Contract Law.

    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.

    Article 23 The employer and the worker may stipulate in the labor contract to keep the employer's trade secrets and confidential matters related to intellectual property rights.

    For employees who are obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the employment contract or confidentiality agreement, and stipulate that after the termination or termination of the labor contract, the employee will be compensated monthly during the non-compete period. If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

    The employment agreement is a written contract formulated by the Department of Higher Education Students of the Ministry of Education and signed an employment agreement for college graduates in the employment process. The employment agreement focuses on regulating the status between the signing of the agreement and the formal establishment of the employment between the graduate and the employer, and is the basis for the graduates and the employer to determine the employment intention and rights and interests of both parties before signing the labor contract (laodonghetong).

  3. Anonymous users2024-02-04

    to bear the liability for breach of contract.

    Lawyer Liu Yuting.

  4. Anonymous users2024-02-03

    After the employment agreement is signed, if the student or the employer breaches the contract, the responsible party shall bear the liability for breach of contract in accordance with the provisions of the employment agreement.

    After the procedures for termination or breach of contract are completed, the student can choose a new job. After reaching an employment intention with the new employer, the student shall sign the employment agreement again according to the procedures, and the school shall apply to the Municipal University Career Guidance Center for a change in the employment plan.

  5. Anonymous users2024-02-02

    I am a graduate who graduated this year. It doesn't matter if you sign this or not. If you sign it, it just means that your school has a high contract rate.

    Many schools force graduates to sign it, and there is no use in not telling you about the employment agreement. It's actually harming you. If you don't sign it, the file will be transferred back to the talent exchange center of the street in your district.

  6. Anonymous users2024-02-01

    An employment agreement is not an employment contract, but a legal act that allows graduates to establish an employment relationship with an employer, but cannot establish a legally meaningful employment relationship.

    The employment agreement is an employment relationship, and it must be adjudicated by labor arbitration, and only if you are dissatisfied with the ruling, you can file a lawsuit with the court.

    However, according to the current legal provisions, students in ordinary colleges and universities are not allowed to establish labor relations, so they cannot sign labor contracts.

    The signing of the agreement is an expression of the true intention of both parties through consultation.

    Since you have signed, there may not be a breach of contract, or you will have to bear the legal consequences, and you can start from the time you signed it, but it is more troublesome

  7. Anonymous users2024-01-31

    In the blink of an eye, it is the graduation season of the year, and the college students who will graduate in 2019 are all running on the road to job hunting. Some fresh graduates have already found jobs, and since they have not yet received their graduation certificates, employers generally sign employment contracts with them, but instead sign a tripartite agreement. 1. What is the effect of an employment agreement?

    The meaning of the employment agreement: The employment agreement is a written agreement reached between the graduates of ordinary colleges and universities and the employer before formally establishing the labor and personnel relationship, through two-way selection, establishing the employment relationship within the specified time limit, and clarifying the rights and obligations of both parties. The agreement will be terminated after the graduate reports to the employer and the employer officially accepts it.

    Employment agreements are generally tabulated by the Ministry of Education or the employment authorities of all provinces, municipalities and autonomous regions. It can be seen that the employment agreement is legal and valid, and as a fresh graduate, you must be clear about the relevant regulations before you can sign a valid agreement. Of course, once the agreement is signed, both parties need to abide by the relevant agreements, and in the event of a breach of contract, relevant economic compensation is also required.

    2. What are the contents of the employment agreement? Party A (employer) and Party B (college graduates) agree to sign the following agreement: (1) Party A shall truthfully introduce the situation to Party B, and after understanding, agree to accept Party B, and be responsible for the relevant acceptance procedures. (2) Party B shall truthfully introduce the situation to Party A, agree to work for Party A, and obey Party A's work arrangement.

    4) If there is any other agreement between Party A and Party B, it shall be specified in the remarks column and shall be regarded as part of this Agreement. (5) If one of the two parties wants to change the agreement, it must obtain the consent of the other party one month in advance, otherwise it will be treated as a breach of contract. (6) This agreement shall be retained in triplicate by Party A, Party B and the employment department of the school, and the copies shall be invalid.

    7) The employment agreement shall be printed by the provincial department in charge of the employment of college graduates or institutions of higher learning, and shall be uniformly issued to graduates by colleges and universities. They are available 24 hours a day** to help answer your legal questions.

    According to Article 469 of the Civil Code of the People's Republic of China, which came into effect on January 1, 2021, the parties may enter into a contract in written, oral or other forms. The written form is the form in which the contents of the contract, letter, telegram, telex, Huaiqi fax, etc. can be tangibly expressed. Data messages that can be visually expressed in electronic data interchange, e-mail, etc., and that can be accessed at any time for reference, shall be deemed to be in writing.

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