The issue of liquidated damages for resignation is to be understood by all heroes!!

In this case, it is illegal to stipulate liquidated damages, and the agreement is invalid, so you don't have to worry about liquidated damages. It's the same for both appointments and non-appointments, and you don't have to pay them.

No penalty is required.

First of all, the landlord understands how liquidated damages are generated.

Only when the company spends a sum of money on the employee, conducts special external training, and has expenses, can a service agreement be agreed upon, that is, it cannot leave the company for several years. If the training is in-house and there are no expenses, then even if the parties sign a breach of contract, it is not protected by law.

For example, if the company spends 10,000 people to train you, and then signs a contract with you, stipulating that you cannot leave within 2 years, otherwise you will have to pay liquidated damages, then if you don't do it for 1 year, how to compensate the company for liquidated damages, the total cost of the agreed number of years * the service time you owe the company = the amount of default you have to pay.

That is, 10,000 2 years * 1 year = 5,000 yuan (this is your liquidated damages) or more. If it helps, if you have any questions, please feel free to ask o( o

Use! Because it's already written in the contract! If you quit your job for your own reasons, you should be charged liquidated damages!

No! If you want to resign, you only need to submit it 1 month in advance. The so-called default occurs when you voluntarily leave your job without submitting a resignation report. Generally, the company can not pay your salary for the current month or the previous month as liquidated damages.

Legal analysis: There is no need to pay liquidated damages for voluntary resignation, but if you want to provide special training and agree on liquidated damages, you will have to pay a certain amount of liquidated damages. Liquidated damages refer to the money that should be paid to the other party if one party breaches the contract according to the agreement of the parties or the direct provisions of the law.

The subject matter of liquidated damages is money, but the parties may also agree that the subject matter of liquidated damages is other property other than money. Liquidated damages have the effect of guaranteeing performance, and also have the effect of punishing the defaulter and compensating the innocent party for the losses suffered, so some countries use it as one of the measures, and some countries use it as a way to bear responsibility for breach of contract.

Legal basis: Article 22 of the Labor Contract Law of the People's Republic of China Where an employer provides a worker with special training expenses and 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.

If the employer provides special training and signs a service period agreement, and the employee terminates the labor contract in advance, he or she shall pay liquidated damages.

Formal companies should have their own rules and regulations, and the rules and regulations will also clearly indicate how many days in advance of the resignation, you can go through the procedures according to the conditions, as for liquidated damages, the labor contract to be signed before employment will also be clearly indicated. If you can't go to work because of your own physical reasons, you can take the doctor's certificate from the hospital to the company, and the company will be accommodating.

The law does not allow companies to demand liquidated damages from employees.

Under normal circumstances, you will resign 30 days in advance, otherwise, the last 30 days of pay will be lost.

And you can't go to work due to physical reasons, don't ask him for industrial and commercial compensation, or don't leave while treating your illness, even if it's good for him, he still dares to deduct your salary? Sue him to death.

Under normal circumstances, this month's salary is paid, and even if you resign on the 25th, the salary of the previous month will be paid on that day.

This month's salary should wait until the 25th of the following month to settle for you.

Maybe if the negotiation is good, it won't be deducted.

Hee-hee......Good luck!

Look at the contract you signed at the time. Regular companies have regulations.

Consult with the labor arbitration teachers in your company's place of registration, and they will give you good advice.

They will help you negotiate with the company if necessary, and they will not charge any fees.

According to Article 37 of the Labor Contract Law, 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.

The Labor Contract Law stipulates that there are two types of circumstances under which liquidated damages need to be paid, the first is the service period, that is, the employer may stipulate liquidated damages if the employer provides special training fees for the employee, and if the employee conducts professional and technical training. That is to say, after negotiation between the two parties, if you violate the service period agreement, you need to pay liquidated damages to the company. (Article 22 of the Labor Contract Law).

The second situation is confidentiality obligations and non-competition restrictions, which means that the employer and the employee may agree in the employment 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 of the employment contract, the employee will be given economic compensation within the non-compete limit. If the employee violates this agreement, he or she may pay liquidated damages. (Article 23 of the Labor Contract Law).

In addition to the above two circumstances, the employer shall not agree with the employee that the employee shall bear the liquidated damages.

That is to say, except for the above two cases, liquidated damages need to be paid, and any other liquidated damages are not legal.

In addition, it should be noted that the employer cannot stipulate the service period for the necessary vocational training of the employee, that is, it does not include vocational training. For example, pre-job training, such training is what the employer should do, and such training cannot stipulate the service period.

If you want not to pay the illegal fine, you must find a way to get a medical certificate from a hospital at or above the municipal level that is allergic to a certain chemical raw material. That's it. In addition, you had a contract to pay liquidated damages, which means that you admit it, and if you didn't have a contract at the beginning, then you can't pay liquidated damages.

The Labor Contract Law clearly stipulates that it is illegal for your employer to demand liquidated damages in this case, and you only need to resign one month in advance in accordance with the Labor Contract Law.

Before the contract expires, you still have the right to resign, but you need to submit a resignation application to the employer one month in advance.

Liquidated damages: Indicates that you have defaulted. This contract should be in the form of a contract, signed by both of you and in accordance with laws and regulations.

You should know if you have such an agreement? The employer has the right to require you to pay liquidated damages.

Conventional enterprises will not have this thing, and it is limited to the need for confidentiality and non-competition restrictions of the unit.

The employer has the right to agree on liquidated damages with the employee on the labor contract, but at the same time, it should guarantee the employee's rights, and the contract does not stipulate the post-probationary treatment, which will leave hidden dangers for the future payment of wages, and the employer may adjust your salary at any time and you may not be able to claim your rights.

Under normal circumstances, if the employer does not provide you with the necessary training, the liquidated damages will be invalid. If the employer and you agree on the content of the confidentiality agreement, it is possible to agree on liquidated damages for breach of the confidentiality agreement, except for training and liquidated damages, other liquidated damages are generally invalid. What you're saying should be an invalid situation.

If the salary and benefits after the probation period are not written in the contract, they shall be treated as equal pay for equal work, that is, they shall be treated the same as other employees of the same type of work. As for the liquidated damages clause in the labor contract, it should be treated on a case-by-case basis, and whether it is supported depends on whether the agreement is legal, and if the agreement harms the rights and interests of the employee, it is invalid.

There are only 2 types of liquidated damages that are legal, and the others are illegal, I don't know which one you are, and you need relevant precedents and specific laws and legal principles to find in my space.

Generally, equal pay for equal work, formal wages are uniform, subject to the supervision of trade unions, and in line with state regulations.

1. The agreement on liquidated damages is illegal;

2. If you have not paid social insurance, you can ask for supplementary payment and demand for economic compensation.

3. The employer may be required to bear the losses caused by the failure to transfer the insurance in a timely manner.

There is no need to charge liquidated damages when the company's approval process has gone through the normal resignation, but if the company clearly marks the price on the contract, and there is no way to escape it with training or participation in major projects, it must be paid, hehe. I paid the penalty when I left, and I was very depressed, hehe.

If you leave your job normally, it is not a breach of contract. Therefore, there is no need to pay liquidated damages. If the company does not issue a transfer certificate, please go to the insurance company and relevant departments, such as the Labor Bureau, to coordinate it. The insurance that has not been paid in recent years can be explained to the insurance company according to this situation, and it can be made up at one time.

No claim for compensation is required.

If you resign at that time, you apply in full accordance with the requirements and apply one month in advance, and the company approves it, it is not considered a breach of contract and there is no liability for breach of contract. Because the liquidated damages referred to in the signing of the contract are now on the part of the company, not on the employee's side. Therefore, there is no penalty to pay.

Moreover, in the case of normal resignation, the employer has no right to withhold your insurance and can claim compensation!

Liquidated damages should not be paid, and compensation should be made to the company.