Without signing a formal contract, is it reasonable for the unit to ask for liquidated damages and c

Liquidated damages need to be paid for failure to sign the contract. If a written contract is not signed, it does not mean that the contract does not exist, and the oral agreement is also regarded as a contract, and as long as there is a breach of contract, liquidated damages need to be paid.

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.

A temporary agreement is also an agreement, and if you have an employment contract or a de facto labor relationship, whether you terminate the contract early and pay liquidated damages depends on how the agreement stipulates. There is no compensation for the matter, the house post is the insurance you should get, there is no problem of return, if the cash is issued, it is to discount the insurance with wages, which is illegal, and cannot make up for the responsibility of the unit, so there is no need to pay back.

Generally, it is an illegal act for an employer to fail to sign an employment contract after an employment relationship has entered into an employment relationship with an employee. Generally, the employee is required to pay the corresponding compensation, which is twice the amount of the general compensation, and the maximum compensation is 11 months from the salary.

1. How to compensate for liquidated damages if the labor law does not sign a labor contract?

1. If the employer violates Article 10 of the Labor Contract Law by not signing the contract, the employee may, in accordance with Article 82 of the Labor Contract Law and Articles 6 and 7 of the Regulations for the Implementation of the Labor Contract Law, compensate twice the salary from the day after the contract has not been signed for one month, up to a maximum of 11 months, and re-sign the contract.

2. The employee may also notify the employer in writing to terminate the labor relationship in accordance with the provisions of Article 38 (6) of the Labor Contract Law and Article 18 (10) of the Regulations for the Implementation of the Labor Contract Law, and require the employer to pay the employee one month's salary in accordance with the provisions of Article 46 (1) and Article 47 of the Labor Contract Law. If it is half a year but less than one year, it will be paid as one year, and if it is less than half a year, it will be paid on the same as half a year.

2. Circumstances under which the worker can receive compensation

1. Negotiate the termination of the labor contract. It means that the employer and the employee agree to terminate the labor contract. In this case, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of service in the employer, but not more than 12 months.

2. Terminate the labor contract due to illness or non-work-related injury. If the employee is sick or injured not due to work, and is confirmed by the labor appraisal committee to be unable to perform the original job or other work arranged by the employer, the employer shall terminate the labor contract with the employee. In this case, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of service in the employer, and shall also pay a medical subsidy of not less than six months.

In the case of serious illness and terminal illness, medical subsidy shall also be given, or the increase in serious illness shall not be less than 50% of the medical subsidy fee, and the increase in the replacement of terminal illness shall not be less than 100% of the medical subsidy fee.

3. The labor contract is terminated if the employee is incompetent for the job. That is, if the employee is still incompetent for the job after training or job adjustment, the employer terminates the labor contract. In this case, the tenant shall pay economic compensation equivalent to one month's salary for each full year of the employee's service in the unit, but not more than 12 months.

To sum up, if the employee has not signed an employment contract with the employer, he can protect his rights and interests through legal means and require the employer to compensate him with double wages. If the employer refuses to sign a labor contract under the new labor law and demands compensation, the employee can find a professional to protect his or her rights and interests.

If there is a clause on liquidated damages in the contract, the party with losses may claim the breach of contract from the breaching party. However, if the contract does not stipulate liquidated damages, the other party cannot be required to compensate for liquidated damages, but the other party may be required to compensate for the actual losses caused by the other party's breach of contract. If the other party breaches the contract and causes your own losses, you can do this:

1. In the contract, if there is a liability for breach of contract, the liability for breach of contract shall be borne in accordance with the contract.

2. In the contract, if there is no agreement on the liability for breach of contract, the other party may be required to compensate for the actual losses caused by the other party's breach of contract. The actual loss is calculated by the following methods: the calculation of the actual loss is calculated according to the premise that the contract cannot be performed normally due to the breach of contract by the other party in the process of performing the contract.

Here are three ways to determine actual losses:

1. If there is no clause on liquidated damages in the contract, but there is an agreement on the calculation method of compensation for losses arising from breach of contract, it can be calculated according to this calculation method.

2. If there is no agreement in the contract on the calculation method of compensation for losses caused by breach of contract, the relevant payment documents and written evidence can be relied on to support it and reach a consensus between the two parties.

3. If the two parties cannot reach a consensus on the actual amount of loss, they can file a lawsuit with the court, and the court will make a judgment after review. If the other party does not compensate for the loss because there is no agreement in the contract, you can collect evidence to sue. When it comes to actually claiming damages, there are also situations where the other party refuses to compensate for losses because there is no liquidated damages clause in the contract.

When encountering such a situation, you can prepare evidence materials to the court for prosecution. Evidentiary materials such as the original contract signed, some documents related to the content of the contract, and civil complaints. The application for prosecution should be filed in the court where the defendant is domiciled or where the contract is performed.

After the first pretense, the court will judge the actual losses that the breaching party should pay to you based on the actual facts of the case. If the contract does not stipulate liquidated damages clause and cannot protect its own rights and interests, it should negotiate with the other party to calculate the actual losses to protect its actual interests. If the negotiation fails, you should apply to the court for prosecution as soon as possible, and if you need help in collecting evidence and procedures during the prosecution process, we suggest that you can entrust a professional lawyer to assist, which will help reduce costs and assert your rights and interests within the statute of limitations.

Summary. Hello: After signing the labor contract, if you do not go to work, you need to pay liquidated damages in the following two cases, and you do not need to pay liquidated damages in other cases.

The details are as follows: 1. If the employer provides special training expenses for the worker and provides him with professional and technical training, it may enter into an agreement with the worker to stipulate the service period. 2. If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

Hello: After signing the contract of Lao Zhengling, if you do not go to work, you need to pay liquidated damages in the following two cases, and you do not need to pay liquidated damages in other cases. The details are as follows:

1. If the employer provides special training expenses for the worker and provides him with professional and technical training, it may enter into an agreement with the worker to stipulate the service period. 2. If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

Legal basis: Article 3 of the Labor Contract Law shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith in the conclusion of a labor contract. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations agreed upon in the labor agreement.

Article 10 To establish a labor relationship, a written or rotating labor contract shall be concluded. 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 labor relationship shall be established from the date of employment.

Now hit ** to compensate for liquidated damages.

This kind of agreed compensation is unreasonable, and it is not possible to claim liquidated damages except for the occurrence of training expenses in general internship contracts.

I didn't even go to report, let me intern in the subway for six months, I didn't go, and now I say it's a flyer for my court.

Don't worry about this, if you receive a notice of lawsuit, it is good to actively respond to the lawsuit.

What does responding to a lawsuit mean giving a reply?

It refers to the act of filing a reply to the complaint and appearing in court to participate in the trial of the court.

That company is in Liaoning, and I'm in Shaanxi.

A pro who does not need to worry

Liaoning Railway Logistics Company recruits railway staff with railway jobs, saying that they can work in the railway after internship in their own city.

Just ignore this.

It is unreasonable to stipulate compensation in the internship contract, and in general, the internship contract cannot claim liquidated damages except for the occurrence of training expenses.

Summary. Legal basis: Article 585 of the Civil Code provides that 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; The agreed liquidated damages are excessively higher than the losses caused.

I am very happy to answer for you, dear, about signing the contract without thinking about paying liquidated damages, signing the contract and then not asking for liquidated damages. Once the legally established contract is signed, it will have legal effect, and both parties need to perform their rights and obligations according to the contract. Failure to perform the debt after signing the contract is a breach of contract, and it is necessary to compensate for the liquidated damages agreed in the contract.

Legal basis: Article 585 of the Civil Code may stipulate 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 of contract. Where it is agreed that the liquidated damages for Li Yan are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the hungry person concerned; The agreed liquidated damages are excessively higher than the losses caused.

The text message has been sent.

Kiss, this has to be resolved through negotiation between the two parties.

Summary. Pro-<>

We are glad to answer for you: there are two situations in which liquidated damages need to be paid: 1. If the employer conducts training and professional technical training for the employee, it will sign a service period with the employee, which needs to pay liquidated damages; 2. If the employee violates the labor competition contract, he or she is also required to pay liquidated damages.

Others don't.

Regarding the signing of the contract, I didn't go to pay liquidated damages.

<> is glad to answer for you: there are two situations in which liquidated damages need to be paid: 1. If the employer conducts training and professional technical training for the workers, it will sign a service period with the laborers, which requires the payment of the default Youhui payment; 2. If the employee violates the labor competition contract, he or she needs to pay liquidated damages.

Others don't.

If you do not go to work after signing the labor contract, you need to pay liquidated damages under the following two circumstances, and in other cases, you do not need to pay liquidated damages: 1. If the employer provides special training expenses for the employee and provides him 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.

2. If the employee violates the agreement on the non-compete system, he shall pay liquidated damages to the employer in accordance with the agreement.

Dear, there is no need for liquidated damages if you don't sign the contract, after all, the contract has not been signed.

But the text message that has already been sent came.

Kiss, what kind of text message is it, and what is the approximate content?

Kiss, but you haven't signed a contract yet.

Signed. If you do not sign the contract, it will not be considered a breach of contract, and you do not need to pay liquidated damages.

Kiss, then you can't do anything after you sign it, you need to pay the compensation amount.

Kiss, is there anything else you would like to ask.