Hello, I would like to talk about the breach of contract

During the probationary period, the employee may notify the employer to terminate the labor contract.

Except for confidentiality obligations, business prohibition restrictions and agreed service periods, the employer shall not agree with the employee on liquidated damages to be borne by the employee.

The employer shall invest in the matter in advance, that is, if the employer provides special training fees for the employee and provides him with professional and technical training, the employer shall not pay liquidated damages if the professional and technical training is not carried out.

You don't have to pay penalty.

Refer to the Labor Contract Law of the People's Republic of China.

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

Article 22 Where an employer provides a worker with special training expenses and provides him with professional and technical training, it may enter into an agreement with the worker 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 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.

Regulations for the Implementation of the Labor Contract Law of the People's Republic of China

Article 26 If an employer and a worker have agreed on a service period, and the worker terminates the labor contract in accordance with the provisions of Article 38 of the Labor Contract Law, it shall not be regarded as a violation of the agreement on the service period, and the employer shall not require the worker to pay liquidated damages.

Under any of the following circumstances, if the employer and the employee terminate the labor contract with the agreed service period, the employee shall pay liquidated damages to the employer in accordance with the labor contract:

1) The worker seriously violates the rules and regulations of the employer;

2) The worker is seriously derelict in his duties, engages in malpractice for personal gain, and causes major damage to the employer;

3) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections upon the employer's request;

4) The worker uses fraud, coercion or taking advantage of the danger of the employee to cause the employer to conclude or modify the labor contract contrary to its true intentions;

5) The worker is investigated for criminal responsibility in accordance with law.

Lawyer Yan Hengchun.

It needs to be done in accordance with the contract, unless you give evidence that he did not train you.

Yes, in accordance with the contractually agreed processing.

If there is no special training or service period agreement, there is generally no need to pay liquidated damages.

Legal Analysis: Contract breach refers to the breach of contractual obligations, also known as non-performance of contractual obligations. The contractual debts here include not only the obligations agreed upon by the parties in the contract, but also the obligations directly stipulated by the law, as well as the obligations that the parties must comply with according to the requirements of legal principles and spirit.

Breach of contract only refers to the objective fact of breach of contractual obligations, and does not include the subjective fault of the parties and relevant third parties.

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 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 expressly states or shows by its own conduct that it will not perform its obligations under the contract, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

Article 584:Where one of the parties 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 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; 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. If the contract stipulates the liability for breach of contract, then Party B shall bear the liability for breach of contract in accordance with the contract. 2. If there is no agreement in the contract, Party B may have to bear the following liabilities for breach of contract: (1) if the price or remuneration is not paid, the other party may require it to pay the price or the remuneration of the lenient; (2) If the payment of the price or remuneration is delayed, the overdue interest of the price or remuneration shall be paid; (3) If the non-monetary obligation is not performed or the performance does not conform to the agreement, the other party may request performance, except in one of the following circumstances:

de jure or de facto impossibility: the subject matter of the debt is not suitable for performance or the cost of performance is prohibitive; The creditor does not demand performance within a reasonable period of time. (4) If the quality does not conform to the agreement, it shall bear the liability for breach of contract in accordance with the agreement of the parties, and the agreement on the liability for breach of contract is not clear, and the injured party may reasonably choose to request repair, replacement, rework, price reduction or return according to the nature of the subject matter and the size of the loss.

Article 580 of the Civil Code of the People's Republic of China Where one of the parties fails to perform a non-monetary debt or the performance of a monetary debt does not conform to the agreement, the other party may request performance, except where one of the following conditions is met: (1) it is legally or factually unable to perform; (2) the subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive; (3) The creditor fails to request performance within a reasonable period of time.

In case of breach of contract, the company shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. If the breaching party refuses to perform and causes losses, it may request compensation for liquidated damages.

Legal basis: 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 violating the contract such as continuing to perform by Bi Yingqing, taking remedial measures or compensating for losses.

Article 578 of the Civil Code of the People's Republic of China: If one of the parties expressly states or shows by its own behavior 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 585 of the Civil Code of the People's Republic of China: 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, and may also agree on the calculation method of compensation for losses arising from the breach.

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

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

Legal Analysis: Breach of contract refers to the fact that a party fails to perform its contractual obligations or that the performance of contractual obligations does not conform to the agreement. The non-breaching party has the right to require the breaching party to bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Legal basis: Article 577 of the Civil Code of the People's Republic of China.

When 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 perform, taking remedial measures or compensating for losses.

Legal analysis: In the process of contract performance, if the performance does not conform to the agreement, it shall bear the liability for breach of contract. If 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 the liability for breach of contract such as continuing to perform the model celebration, taking remedial measures, or compensating for losses.

Legal basis:

1. Article 577 of the Civil Code provides liability for breach of contract, where 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 perform, taking remedial measures or compensating for losses.