Liquidated damages for termination of labor contract

According to the relevant provisions of China's "Labor Contract Law", employees have the right to resign, and according to the relevant documents, the enterprise has no right to economic penalties, so according to the situation you mentioned, you only need to submit a resignation application one month in advance, and you cannot ask for economic compensation, and you do not need to bear liquidated damages.

To add in detail: China's labor contract law clearly stipulates that there are only two situations in which liquidated damages are agreed.

1. Agree on the service period (that is, the company pays you to participate in the training, and it is agreed that you must serve the company for many years after you complete the training), if the server is not completed, part of the training fee needs to be refunded as liquidated damages.

2. Agree on a confidentiality agreement (that is, you have mastered some business secrets of the company and need to keep them confidential), and if the secrets are leaked, you need to compensate.

The Employment Contract Law clearly stipulates that, except in two cases, it is forbidden to stipulate that the employee shall bear liquidated damages.

According to the labor law, the employee can resign, which is not a breach of contract. But you must go through certain procedures, such as submitting your resignation in writing one month in advance.

The compensation for breach of contract can only be 1,700 yuan according to the salary you said.

The old way, 08 years.

January 1. before signing.

Employment contracts. Among the conventions.

Liability for breach of contract. Survived after 08 years, is still valid. As.

Laborer. Unilateral.

If the cancellation is submitted, it shall be paid.

Penalty. Applicable

Labor Law, not the Labor Contract Law.

In addition, some provinces and cities have local regulations, such as Shanghai 02.

Service Period. Liability for breach of contract is strictly limited.

Therefore, it depends on which province or city you are from, whether there are local laws and regulations, if there is no local area at that time, it is completely with reference to the "Labor Law", that is, liquidated damages should be paid.

Every year, fresh graduates will encounter labor disputes to varying degrees when they come out to find a job, and this article will explain the termination problem in detail with the case as the core. Xiao Wang is a recent college graduate who applied to work in a private enterprise after graduating from university. The company handled the Beijing household registration for him and received Xiao Wang's files.

The company requires Xiao Wang to sign a three-year service agreement, and if Xiao Wang defaults, he must pay 30,000 yuan in liquidated damages. But after going to work, Xiao Wang found that his salary was several hundred yuan less than that of the employees who entered the company in the same period, so he found the human resources department to understand the situation. The head of the Human Resources Department explained:

This is how the wage system for employees who have applied for a Beijing hukou is stipulated. Xiao Wang felt very dissatisfied, and after many unsuccessful negotiations, he moved his mind to resign. Now the company has applied on the grounds that Xiao Wang still exists with the unit and illegally terminated the labor contract, and requires Xiao Wang to pay liquidated damages and bear the economic losses caused to the company due to his breach of contract; The company that hired Xiao Wang was required to bear joint and several liability for compensation in accordance with the law.

In this case, Xiao Wang has the right to resign, and only needs to fulfill the obligation to notify the employer in advance, and at the same time, this case also involves liquidated damages and other issues.

1. Workers have the right to terminate labor contractsAccording to the provisions of the Labor Law and the Labor Contract Law, workers have the right to terminate labor contracts. An employee may terminate an employment contract in the following ways:

1) The employee may terminate the labor contract by giving 30 days' written notice to the employer;

2) If the employer is at fault, the employee is not required to inform the employer in accordance with the provisions of the Labor Contract Law.

II. Liquidated Damages and Compensation for Termination of Labor Contracts by EmployeesThe Labor Law does not restrict the employer from agreeing on liquidated damages with the employee, and in practice, the principle of party autonomy is adopted, that is, the parties can freely agree on liquidated damages. However, in order to protect the legitimate rights and interests of employees, some local regulations stipulate restrictions on liquidated damages, such as Beijing, which prohibits the liquidated damages agreed between the employer and the employee from exceeding the total salary of the employee in the 12 months prior to the termination of the employment contract. In this case, the employer agreed that the liquidated damages of RMB 30,000 were too high, and Xiao Wang could request a reduction or reduction.

The Labor Law stipulates that the employer and the employee may agree on liquidated damages, which restricts the employee's right to resign to a certain extent. In order to further protect employees' right to freedom of labor, the Labor Contract Law stipulates that, under normal circumstances, employers may not agree on liquidated damages with employees. Liquidated damages can only be agreed upon in exceptional circumstances, such as:

Where the employer provides special training expenses for the employee to provide professional and technical training and has agreed on a training agreement, or where senior management personnel, senior technical personnel and other personnel with confidentiality obligations have agreed with the employer. According to the provisions of the Labor Contract Law, after the implementation of the Labor Contract Law on January 1, 2008, the employer cannot agree on liquidated damages with Xiao Wang, even if the two parties contain a liquidated damages clause in the employment contract, it is invalid.

Under normal circumstances, an employee is not required to pay liquidated damages when terminating an employment contract, unless he or she violates the service period agreement or the non-compete agreement. However, the amount of liquidated damages shall not exceed the training fees provided by the employer. In addition, 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.

Liquidated damages refer to the money that should be paid to the other party if one party breaches the contract according to the agreement of the parties or the direct provisions of the law. The standard of liquidated damages is money, but when Bi Fengshi is concerned, he can also agree that the subject matter of liquidated damages is other property other than money. Liquidated damages have the effect of guaranteeing the performance of the obligation, and also have the effect of punishing the defaulter and compensating the innocent party for the losses suffered, so some countries use it as one of the measures to guarantee the contract, and some countries use it as a way to bear the responsibility for breach of the contract.

Article 25 of the Labor Contract Law stipulates that: "Except for the circumstances provided for in Articles 22 and 23 of this Law, the employer shall not agree with the employee that the employee shall bear liquidated damages." That is, it is only under the condition that the agreed service period and non-competition are stipulated that the employee shall bear the liquidated damages.

This is the first time in China that the application of liquidated damages for labor contracts has been clearly stipulated in the law. Regarding the standard of liquidated damages, firstly, if the employee violates the service period agreement, the liquidated damages may be agreed. According to Article 22 of the Labor Contract Law:

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 for breach of the service period shall not exceed the training fees provided by the employer. In the event of a breach of contract, the liquidated damages paid by the employee shall not exceed the training fee for the unfulfilled part of the service period.

Second, if an employee violates the non-compete provisions, liquidated damages may be agreed. However, the same law does not specifically stipulate the amount of liquidated damages to be borne by the employee for violating the non-compete restriction, which means that the employee and the employer can negotiate and agree, but the liquidated damages for violating the non-compete restriction cannot violate the provisions of the relevant laws and the principle of fairness.

Legal analysis: How to calculate liquidated damages for termination of labor contract There are no clear provisions in the law, and it needs to be analyzed in combination with the actual situation.

Legal basis: Article 25 of the Labor Contract Law of the People's Republic of China Except for the circumstances specified in Articles 22 and 23 of this Law, the employer shall not agree with the employee that the employee shall bear the liquidated damages.