I just worked for training, resigned after 1 year, and asked to pay 5,000 liquidated damages. There

Employees do not need to pay liquidated damages if they resign, but if they participate in training and sign a training contract, and the liquidated damages are stipulated in the contract, they must be paid.

Overtime without overtime pay has nothing to do with resignation, it is illegal for the company. If you want overtime pay, it can be a bit of a hassle, and you have to be able to prove it. For example, if your overtime work is recognized by the company, there are overtime hours, etc., and your pay slip (which proves that you did not get overtime pay) can be resolved by going to labor arbitration.

1.Liquidated damages cannot be collected, as prescribed by law.

2.Training fees can be charged, but they must be invoiced for training from a third-party organization, not a normal induction training.

3.The training fee is charged to adapt to the service period, the training company spends 3000 for you, agrees to work for 3 years, pays 1000 less for each year of work, and does not need to pay for 3 years.

4.Overtime wages are charged separately, and the company can be required to pay them if they are not paid.

Now the labor law clearly stipulates that liquidated damages will not be paid, unless an agreement for training has been signed before, and if the service is less than a few years, compensation must be paid, and others cannot be called liquidated damages.

Is there a clause in your contract with them? If there is no you can refuse to deliver, if there is you can consider the labor arbitration request for help, he has the illegality of this clause.

Zhejiang lawyer Sun:

If there is a training agreement for the above-mentioned training matters, and the agreement stipulates liquidated damages, the liquidated damages shall be borne.

If the amount of liquidated damages is much greater than the training fee, the training fee shall be used as the standard and returned according to the length of service.

Do I have to pay liquidated damages for resignation during training?

If your training fee is paid by the company and you have entered into an agreement that stipulates the duration of the service. Then you resign before the expiration of the service period and you have to pay liquidated damages.

Article 22 of the Labor Contract Law provides special training expenses for employees and provides them with professional and technical training, it may enter into an agreement with the employee 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.

Article 22 of the Labor Contract Law [Service Period] 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 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.

Article 23 [Confidentiality Obligations and Non-Competition Restrictions] 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.

Legal Analysis: Training fees need to be reimbursed. If an employee applies in writing to the employer for resignation one month in advance, or negotiates with the employer with the consent of the employer, or if the employer violates the law, the party concerned may resign.

It is illegal for a unit to deliberately make it difficult for a person to leave his job, and he or she may appeal to the labor administrative department. Assigned but part-time employment does not need to apply in writing in advance, and the employment relationship can be terminated by applying orally on the same day.

Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China Article 37 An employee 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.

Summary. Hello dear, glad to answer for you. The employer and the employee agree that there is a certain amount of liquidated damages, that is, the amount of liquidated damages for breach of the service period shall not exceed the training fees provided by the employer.

The provision of liquidated damages during the service period can achieve the following legislative purposes: (1) reduce the turnover of workers; (2) Ensure the cost and profit of the employer; (3) Improve production skills.

Is this an overlord contract?

Is there a problem with this contract.

Are you there. Hello dear, glad to answer for you. The employer and the employee agree that the liquidated damages shall be limited to a certain amount, that is, the amount of liquidated damages for breach of the service period shall not exceed the training fees provided by the employer.

The provision of liquidated damages during the service period can achieve the following legislative purposes: (1) reduce the turnover of workers; (2) Ensure that the employer's costs are supported and profitable; (3) Raise jokes and improve production skills.

If I don't provide me with the training or external training mentioned in the contract, I only go for 4 days, and the liquidated damages are established.

Dear, this is not an overlord contract, every male promotion boss has a simple smile to the rules and regulations of each company, if you want to develop in the company, you must understand the company's training and then consider. <>

Dear, there is no problem with this contract, it is a system that belongs to each company.

If you sign this contract, it means that you agree to the above requirements of the company<>

What is the maximum amount of liquidated damages?

Dear, this should be based on the breach of contract stipulated by your company, but it cannot be too high liquidated damages, otherwise it is a violation of the <>

Legal analysis: There is no need to pay liquidated damages for resignation during the probationary period. The Labor Contract Law clarifies that, except in two cases, the employer shall not agree with the employee on liquidated damages to be borne by the employee, or stipulate that the employee shall bear the liability for breach of contract in the name of compensation, liquidated damages, liquidated damages, liquidated damages, etc.

Legal basis: Civil Code of the People's Republic of China Article 577 If one of the parties fails to perform its obligations under the contract or the party performs the contract and the party 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: There is no need to pay liquidated damages for resignation during the probationary period. The Labor Contract Law clearly stipulates that, except in two cases, the employer shall not agree with the employee on the liquidated damages to be borne by the employee, or the employer shall agree with the employee to bear the liability for breach of contract in the name of compensation, liquidated damages, liquidated damages, liquidated damages, etc.

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 breach of contract such as continuing to perform, taking remedial measures or compensating for losses.