Do I need to pay liquidated damages for resignation during the probationary period, and do I need to

During the probationary period, as long as the employer is notified three days in advance to terminate the employment relationship, there is no need to pay liquidated damages.

1. If you fail to perform the normal resignation procedures during the probationary period and cause certain losses to the employer, the employer can claim certain compensation.

2. 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. 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.

According to the provisions of the labor law, employees who leave the probation period do not need to pay liquidated damages. During the probationary period, both the employee and the organization can choose in both directions.

You don't have to pay for it. Both parties may terminate the contract at any time during the probationary period. However, after the probationary period, you must give 30 days' notice of resignation.

If I am dismissed during the probationary period, does the employer have to compensate?

If you sign an employment contract during the probationary period and agree to leave the company early, you need to pay liquidated damages, which should be paid at the time of resignation for reference.

Legal analysis: If you fail to complete the normal resignation procedures during the probationary period and cause certain losses to the employer, the employer can claim certain compensation.

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

Article 19 Where the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; The probationary period shall not exceed six months for fixed-term and indefinite-term labor contracts of more than three years.

The same employer and the same employee can only agree on a probationary period once.

Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

Article 20 The wages of a worker during the probationary period shall not be less than 80 percent of the minimum wage for the same post in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

According to the provisions of the Labor Contract Law, except for the service period, confidentiality obligations and non-competition restrictions, the employer shall not agree with the employee that the employee shall bear the liquidated damages. Even if liquidated damages are stipulated in the employment contract, they are invalid. At the same time, the employer and the employee may terminate the labor contract if they reach an agreement through consultation.

Labor Contract Law of the People's Republic of China

Article 25.

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

Labor Contract Law of the People's Republic of China

Article 36.

The employer and the employee may terminate the labor contract if they reach an agreement through consultation.

Labor Contract Law of the People's Republic of China

Article 37.

The employee may terminate the 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.

Resignation during the probationary period does not require liquidated damages.

The probationary period is the period of probationary work agreed between the employee and the employer. During this period, the employee and the employer can learn about each other's rotation and decide whether to choose each other. According to the laws of China, during the probationary period, if the employee proposes to terminate the labor contract, there is no need to attach any conditions.

The employer also cannot require the employee to pay liquidated damages during the probationary period on the grounds that the employment contract is stipulated.

In accordance with the relevant regulations, it is a violation of the law to resign during the probationary period without paying wages. Wages are the remuneration received by the employee for the work provided, and as long as the employee provides normal work, the employer shall pay the wages in full and in a timely manner. If an employee resigns during the probationary period, the employer may not pay severance but shall pay wages according to the actual number of days worked.

According to the laws of the People's Republic of China, except for the following two circumstances, the employer shall not arbitrarily agree with the employee on the liquidated damages to be borne by the employee, or agree that the employee shall bear the liability for breach of contract in the name of compensation, liquidated damages, liquidated damages, etc.:

1. Liquidated damages may be agreed upon in the agreement on the training service period, and 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, and the amount of liquidated damages shall not exceed the training fee provided by the employer, and the liquidated damages required by the employer to be paid by the employee shall not exceed the training fee that should be apportioned for the unfulfilled part of the service period.

2. Liquidated damages may be stipulated in the non-compete agreement, and 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, and the employer may stipulate a non-compete clause with the employee in the labor contract or confidentiality agreement, and agree to give the employee monthly economic compensation during the non-compete period after the labor contract is dissolved or terminated.

Legal basis

Labor Law of the People's Republic of China

Article 32 Under any of the following circumstances, a worker may terminate the labor contract at any time by notifying the employer:

1) During the probationary period;

2) The employer uses violence, threats, or illegal restrictions on personal freedom to force labor;

3) The employer fails to pay labor remuneration or provide labor conditions in accordance with the labor contract.

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Summary. Hello, it's a pleasure to serve you! Liquidated damages are not required for resignation during the probationary period.

Hello, it's a pleasure to serve you! Liquidated damages are not required for resignation during the probationary period.

Legal Analysis: Probationary period resignation mission does not need to compensate for liquidated damages. As long as the employer is notified three days in advance during the trial period, the employer is not liable for compensation if no loss is caused to the employer, and the employee shall not be liable for liquidated damages except for the violation of the service period agreement or the non-compete agreement.

Legal basis: Article 32 of the Labor Law of the People's Republic of China provides that under any of the following circumstances, the employee may terminate the labor contract at any time by notifying the employer: (1) during the probationary period; 2) The employer uses violence, threats, or illegal restrictions on personal freedom to force labor; (3) The unit used as a chain person fails to pay labor remuneration or provide labor conditions in accordance with the provisions of the labor contract.

Just joined the company for a month, still in the probationary period stage, today and the leader proposed to resign, the reason is to go to the graduate school entrance examination, but during the interview, I said that I will not go to the graduate school entrance examination, the leader now says that I am not honest, and he also patiently taught me a lot, this kind of obstruction ** situation needs to be compensated?

If necessary, the employee shall bear the liquidated damages in violation of the service period agreement or the non-compete agreement.

What is a breach of service period and non-compete agreement?

It depends on whether the worker works in a company or region within the restricted area. First of all, it should be in accordance with the provisions of the non-compete agreement.

Then I resigned during the probationary period to go to graduate school, it shouldn't have any effect, right?

The specific decision is determined by the testimony of both parties.

How exactly is it decided by the testimony of both parties?

Circumstantial evidence, physical evidence, all of them, the only thing is the testimony, the language is regular, and the order of the language and all aspects can be located.