I want to default with the original employer, but I don t have the money to pay liquidated damages,

You still go through the normal process. You can't get your roommate's employment agreement. Illegal.

The legal procedure is that you resign normally (if you have already gone to work), and the probationary period only needs to submit your resignation three days in advance, regardless of whether the employer agrees or not, you can resign, so that you do not have to pay liquidated damages, if they do not release you, you can apply for arbitration at the labor arbitration institution, you have a reason and are legal. This way you can also legally go to work in a public institution. It is not legal for the original unit to ask for liquidated damages, and we only dare to ask those of us who have just graduated from the law who do not understand the law, and it is impossible to dare to recruit your school.

However, it is not legal for you to take someone else's employment agreement, because each person has an employment agreement number. However, if you only fill in the content of your original employment agreement and do not return it to the school, you can pretend that your employment agreement is lost, report the loss, and then get a new one, so that you can sign it with the public institution with the new one, and if you don't understand, you can ask me again.

As far as I know, each person can only hold one copy of the employment agreement, and don't forget that one copy is reserved for the school, even if your classmates use it, you will not let the school keep the two employment agreements you signed with two units. Signatures and seals have legal effect. After paying the liquidated damages, the original employer will give you a letter of contact with the contract, and you can apply for a new employment agreement at the school's career center.

It is recommended that you follow the proper procedure and do not use your brains.

If the parties do not agree on liquidated damages in the contract, and one party breaches the contract and causes losses to the other party, the other party may, in accordance with the relevant provisions of the Civil Code, require the breaching party to bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, and the amount of compensation for the 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, but 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. If there is no agreement on liquidated damages, it may not be supported at the time of judgment.

Article 584 of the Civil Code: If one of the parties fails to perform its contractual obligations or the performance of its 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.

1. There are several circumstances for breach of contract.

Judging from the current performance of the contract and the actual situation, there are various reasons for the breach of contract by the parties. To sum up, there are mainly the following aspects:

1. Breach of contract due to reasons attributable to the subject of the contract.

2. Breach of contract caused by unclear and unspecific subject matter.

3. Breach of contract caused by unclear and incomplete performance period stipulated in the contract.

4. Due to the lack of strict review and management of the contract by the competent authority, the contract lacks feasibility study, and the signed contract cannot be performed.

5. Market changes or sharp fluctuations, which affect the full performance of the contract and cause the parties to breach the contract.

6. The contract cannot be performed due to force majeure events such as natural disasters.

7. Breach of contract by the parties to the contract due to a change of circumstances.

2. The difference between compensation and liquidated damages.

Compensation means that if one of the parties to the contract violates the contract and causes economic losses to the other party, a certain amount of monetary compensation shall be given.

Liquidated damages refer to a certain amount of money that one party shall pay to the other party in accordance with the provisions of the contract or the provisions of the law if it fails to perform or does not fully perform the contract due to its fault.

It can be seen whether the breach of contract by one of the different parties has caused losses to the other party, as long as the two parties have agreed on the liquidated damages clause in the contract, the breaching party must pay the other party liquidated damages. The premise for the payment of compensation must be that one party has violated the contract and caused actual losses to the other party. In addition, if it is agreed that the liability shall be in the form of liquidated damages, if the breaching party causes actual losses to the other party that exceed the liquidated damages, compensation shall also be paid to compensate for the deficiency of liquidated damages.

Generally speaking, the amount of liquidated damages should be stipulated in the real estate project transfer contract.

According to the provisions of the relevant laws of China, if one party breaches the contract after signing the contract, it must bear the liability for breach of contract, and paying liquidated damages is one of the ways to bear the liability for breach of contract. The following answers are given by me for readers, and I hope the following knowledge will be helpful to readers.

1. How to judge the law if there is no money to pay liquidated damages

If the breaching party has no money to pay liquidated damages, it will not affect the judgment of the court, and the court will make a judgment according to the specific circumstances of the case. If the defaulting party does not pay the liquidated damages after the judgment, the applicant may apply for compulsory enforcement.

Civil Procedure Law of the People's Republic of China

Article 148:Judgment pronounced.

The people's courts are to publicly announce judgments in all cases that are tried in public or not in public. Where the verdict is announced at court, the written judgment shall be sent within 10 days; Where the judgment is periodically announced, the written judgment is to be issued immediately after the judgment is announced. When a judgment is pronounced, the parties must be informed of their right to appeal, the time limit for appeal, and the court in which the appeal will be made.

When a divorce judgment is pronounced, the parties must be informed that they must not marry separately until the judgment takes legal effect.

Article 236: Methods for the commencement of enforcement.

The parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement. The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts.

If one party refuses to perform, the other party may apply to the people's court for enforcement.

2. What should I do if the liquidated damages in the contract are too high?

The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach of contract, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.

If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to appropriately reduce them.

If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

According to this provision, the maximum amount of liquidated damages shall not exceed the amount of the actual loss of the other party.

If the breaching party has no money to pay liquidated damages, it will not affect the judgment of the court, and the court will make a judgment according to the specific circumstances of the case. If the breaching party does not pay the liquidated damages after the judgment, the applicant may apply for enforcement under the forceful defense system. If you need legal help, you can consult and a professional lawyer will answer for you.

If the contract does not include liquidated damages, the non-breaching party cannot request the breaching party to pay liquidated damages. Because the liquidated damages clause is established by the agreement of the parties, the absence of a liquidated damages clause in the contract means that the parties have not reached a consensus on this, and therefore cannot request the other party to pay liquidated damages. In the performance of the contract, if one party has breached the contract, but the absence of relevant liquidated damages in the contract does not mean that the non-breaching party cannot protect its own interests.

The non-breaching party may require the breaching party to compensate for the losses caused to itself by the breach, which includes the actual losses and the expected benefits, i.e., the benefits that can arise if the contract is performed normally.

Even if the contract stipulates the amount of liquidated damages and the calculation method of liquidated damages, if the losses caused are much higher than the agreed liquidated damages, then the non-breaching party may request the people's court or arbitration institution to increase the corresponding amount. Conversely, if the agreed liquidated damages are higher than the amount of the loss, then the defaulting party can also request an appropriate reduction in the amount of the default. In other words, even if the parties have agreed on the amount and calculation method of breach of contract in the contract, if there is an error between this calculation method and standard and the actual loss caused, they can request adjustment from the people's court throughout the litigation process.

Article 577 of the Civil Code of the People's Republic of China: If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to return to the party, taking remedial measures or compensating for losses.

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

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

Hello, according to the law, the employee shall give 1 month's written notice during the contract period, and 3 days' notice to the employer during the probationary period. Since your employer doesn't agree with you leaving, you need to be prepared. First of all, it is necessary to keep the labor contract or other evidence of working in the unit, including the labor contract, work permit, salary slip, and work materials, and then mail the resignation letter by express mail and keep the copy of the express mail and resignation letter, and then negotiate with your unit to request the termination of the labor contract between the two parties in accordance with the law.

If the employer does not allow it, it can file a complaint with the labor department or initiate labor arbitration.

As for liquidated damages, there is generally no need to pay them, unless the service period is agreed with the employer and the professional training is provided by the employer, the training fee and liquidated damages for breach of the non-compete clause may be apportioned.

If it is not written in plain text, the other party's request is not legitimate.

Depending on how your contract is stipulated, the Employment Contract Law stipulates that liquidated damages can be claimed in several specific circumstances, and there must be clear relevant provisions in the contract.

There are two types of circumstances in which liquidated damages need to be paid, the first is the service period, that is, the employer provides special training fees for the employee, and if the employer provides professional and technical training, it can agree on liquidated damages. That is to say, after negotiation between the two parties, if you violate the service period agreement, you need to pay liquidated damages to the company.

The second situation is confidentiality obligations and non-competition restrictions, which means that the employer and the employee may agree in the employment 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 of the employment contract, the employee will be given economic compensation within the non-compete limit. If the employee violates this agreement, he or she may pay liquidated damages.

That's in addition to the above two cases. The employer shall not agree with the employee that the employee shall bear the liquidated damages.

The labor law stipulates that it is sufficient to submit a resignation application one month in advance, which is not so troublesome.

The easiest is to let the employer fire you.

In order to retain students, many single career promotions restrict students with high liquidated damages. Students should strive to minimize the liquidated damages during the negotiation, and usually the liquidated damages shall not exceed 5,000 yuan. However, the labor law stipulates that"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. Except for the above two types of legal provisions, the employer shall not agree with the employee that the employee shall bear the liquidated damages. "Therefore, students should strive to eliminate the provision of default.

After signing the employment contract with the employer, the tripartite agreement will expire.

Article 22 of the Labor Contract Law of the People's Republic of China 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 limb size training fee 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.