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There are only two circumstances under the new Labor Law that the employee is required to pay liquidated damages to the employer, and the agreement is not in accordance with the law except for these two cases.
1. Where an employer provides a worker with special training expenses and professional and technical training, it may enter into an agreement with the worker to stipulate the service period.
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.
2. The employer and the employee may agree 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.
As for the standard of liquidated damages, according to Article 22 of the Labor Contract Law, "if an 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. Only in the above cases will liquidated damages be involved.
Article 38 of the Labor Law stipulates that an employee may terminate a labor contract under any of the following circumstances:
1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;
2) Failure to pay labor remuneration in full and in a timely manner;
3) Failure to pay social insurance premiums for workers in accordance with the law;
4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;
5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.
If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
If you find that the employer has any of the above matters, then there are sufficient reasons to resign, and whether the performance period has not expired will not be affected.
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The employer will not approve it, and if you insist on resigning, you will definitely ask for compensation, and the amount of liquidated damages will be compensated according to your contract, but it is certainly not low.
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As long as you submit a written resignation 30 days in advance, you do not need any compensation, but the employer will not give you any compensation.
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If you have worked in the company for more than 10 years, the employer should sign an indefinite term labor contract, and your 15-year contract is illegal, and you only need one month's notice to resign.
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You can resign after signing the labor contract for one year. The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. If the employee notifies the employer three days in advance during the probationary period, he or she may terminate the employment contract.
If the employer has a statutory fault, the employee can resign and claim financial compensation.
Article 36 of the Labor Contract Law of the People's Republic of China [Termination of Labor Contract through Negotiation] The employer and the employee may terminate the labor contract through negotiation.
Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
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Regardless of the number of years of employment contract signed with the employer, the employee can resign during the performance of the labor. The employer shall not deduct the employee's wages on the grounds of the employee's resignation, otherwise the employer will violate the law. Article 3 of the Labor Contract Law of the People's Republic of China The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus and good faith.
The labor contract concluded in accordance with the law shall be binding on the employer, and the employer and the employee shall perform the obligations stipulated in the labor contract. Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and 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.
If the employer and the employee enter into a labor contract before employment, the employment relationship shall be established from the date of employment. Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
1) There are certain legal risks. For the performance process before the contract is signed, due to the existence of large uncertainties, the rights and obligations of both parties are not clear, and the boundaries of legal liability are unclear, which is easy to cause legal disputes, and once a dispute arises, it is difficult to obtain evidence and it is more difficult to solve, and the pre-control role of the contract cannot be reflected, and there are greater legal risks. (2) There are certain management risks. >>>More
Yes, it is possible to leave at any time and there is no need to notify the employer in advance.
OK. The Labor Contract Law stipulates that from 1 February 2008, those who do not sign a contract will be paid double wages. You can apply for arbitration at the labor arbitration at the place where the enterprise operates.
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