What losses should the employer compensate the employer for terminating the labor contract in violat

According to Article 4 of the Measures for Compensation for Violations of the Provisions of the Labor Law, "if an employee terminates the labor contract in violation of the provisions or the provisions of the labor contract, causing losses to the employer, the employee shall compensate the employer for the following losses:

1) The fees paid by the employer for recruiting and employing it; (2) The training fees paid by the employer for the employer shall be handled in accordance with the agreement if otherwise agreed by both parties; (3) Direct economic losses caused to production, operations, and work; (4) Other compensation expenses as stipulated in the labor contract.

1) The employer recruits and employs the fees paid by the employer.

2) The training fees paid by the employer shall be handled as agreed by both parties if otherwise agreed.

Since the employer is carrying out vocational training for the employee as part of its statutory obligation, and the employee has created a certain value for the employer through labor after the training, the compensation for the training fee shall be determined according to the total amount of the training fee, the term of the labor contract and the actual time the employee has served the employer.

3) Direct economic losses caused to production, operation and work. That is, the loss of the vested interest of the employer.

4) Other compensation expenses as stipulated in the labor contract.

In addition, according to the relevant regulations of the Ministry of Labor, if an employer recruits a worker who has not terminated the labor contract and causes economic losses to the original employer, the employer shall be jointly and severally liable for compensation in addition to the liability of the employee. The share of joint and several compensation shall not be less than 70% of the total economic losses caused to the original employer.

An employment contract is an agreement between an employee and an employer, Hu Zhengmo, to establish an employment relationship and clarify the rights and obligations of both parties. At present, with the further improvement of the employment system, workers and employers have more and more choices. It should be said that the "job hopping" of workers one after another is in line with the needs of the market economy, but this freedom of choice of employment should be premised on respecting and not violating labor contracts.

Article 102 of the Labor Law stipulates that: "If an employee terminates the contract in violation of the conditions stipulated in this Law or violates the confidentiality matters agreed in the labor contract, causing economic losses to the employer, he shall be liable for compensation in accordance with the law." According to Article 4 of the Measures for Compensation for Violation of Relevant Provisions on Labor Contracts issued by the Ministry of Labor on May 10, 1995, an employee who terminates a labor contract in violation of the provisions or the provisions of the labor contract shall compensate the employer for the above-mentioned losses.

1. How to resign if you have not signed a labor clearance or contract.

The employee may terminate the labor contract by notifying the employer in writing three days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period." However, the right to terminate the contract is exercised by the employee in accordance with the provisions in the form of "written notice".

The employee shall notify the employer in writing 30 days in advance to terminate the contract, which shall take effect within 30 days. If the labor contract is terminated from the 31st day, the employer shall settle the wages and go through the formalities for terminating the contract in accordance with the law.

If an employee terminates a labor contract in violation of regulations and causes losses to the employer, the employer shall compensate the employer for the following losses: (1) The employer recruits and uses the expenses paid by the employer; (2) The training fees paid by the employer shall be handled in accordance with the agreement as otherwise agreed by both parties; (3) Direct economic losses caused to production, repentance, and work; (4) Other compensation expenses as stipulated in the labor contract.

If an employee terminates a labor contract in violation of regulations and causes losses to the employer, he or she shall be liable for compensation.

1. Can 50% of the money be deducted for the resignation of the urgent land bureau?

It is unreasonable to deduct 50% of wages for urgent resignation. If an employee leaves the company without one month's notice, it is an illegal termination of the labor contract. The employee shall compensate the employer for the losses caused thereby, but the employer shall bear the burden of proof of the losses.

If the loss is actually caused, it can be deducted from the salary, but the monthly deduction shall not exceed 20% of the salary of the month.

2. Whether there is any company that recruits employees who have not terminated the labor contract.

The employer may recruit employees who have not terminated the labor contract, but they must not cause losses to other employers. According to Article 91 of the Labor Contract Law, an employer shall be jointly and severally liable for damages caused to other employers if it recruits an employee who has not dissolved or terminated the labor contract with another employer.

3. After working for five years and resigning, can I still get compensation?

There are three situations in which an employee may terminate the labor contract (resign): First, the employee submits to terminate the labor contract in accordance with the provisions of Article 37, that is, the employer is notified 30 days in advance (3 days during the probation period), without the approval of the employer. However, the employer is not liable for economic compensation; Second, if the labor contract is terminated in accordance with the provisions of Article 3 and Article 18, there is no need to terminate the labor contract 30 days in advance or approval, and the person can leave immediately.

In addition, the employer must also pay severance of one month's salary for each year of service in accordance with the provisions of Articles 16 and 47 of the Labor Contract Law. Third, if the employee terminates the labor contract illegally without any basis, the employer not only does not pay severance compensation, but also bears the liability for compensation for the losses caused to the employer in accordance with the provisions of Article 90.

The relevant legal basis for the association of this lease in the Dan language].

Article 90 of the Labor Contract Law of the People's Republic of China stipulates that if an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction agreed in the labor contract, causing losses to the employer, he shall be liable for compensation.

Legal Analysis: If an employer hires a worker whose labor contract has not been terminated and causes economic losses to the original employer, the employer shall be jointly and severally liable for compensation in addition to the direct liability of the employee.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, 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 conclude 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.