Can an employee be exempted from liability for breach of contract due to the employer s violation of

It cannot be waived. There are several ways to bear the liability for breach of contract.

1) Pay liquidated damages. Liquidated damages: refers to a certain amount of money paid to the other party when the contract debtor fails to perform or improperly performs the contractual obligations as agreed by the parties to the contract.

2) Damages. Damages: refers to the economic compensation made by the breaching party to the other party when the property loss is caused to the other party due to the breach of contract by one party to the contract.

3) Continued fulfillment. Continued performance: refers to the judgment or special performance order issued by the court or arbitration institution to force the debtor to perform the contractual obligations within a specified time limit.

Other remedies. Article 111: If the quality does not conform to the agreement, the liability for breach of contract shall be borne in accordance with the agreement of the parties. Where there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 61 of this Law, the injured party may, based on the nature of the subject matter and the size of the loss, reasonably choose to require the other party to bear liability for breach of contract such as repair, replacement, rework, return of goods, reduction of price or remuneration.

Article 112:Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, and the other party has other losses after performing its obligations or taking remedial measures, it shall compensate for the losses.

If the unit violates the law, the employee does not have to bear the liability for breach of contract if he is not the main person in charge.

According to Article 87 of the Labor Contract Law, if an employer dissolves or terminates a contract for labor residue in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

1. Liability for breach of contract of the employee.

According to Article 26 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China, if an employer and an employee have agreed on a service period, and the employee terminates the labor contract in accordance with Article 38 of the Labor Contract Law, it is not a breach of the service period, and the employer shall not require the employee to pay liquidated damages.

Under any of the following circumstances, if the employer and the employee terminate the labor contract with the agreed service period, the employee shall pay liquidated damages to the employer in accordance with the provisions of the labor contract:

1) The worker seriously violates the rules and regulations of the employer;

2) The worker is seriously derelict in his duties, engages in malpractice for personal gain, and causes major damage to the employer;

3) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections upon the employer's request;

4) The worker uses fraud, coercion or taking advantage of the danger of the employee to cause the employer to conclude or modify the labor contract contrary to its true intentions;

5) The worker is investigated for criminal responsibility in accordance with law.

2. How to bear the liability for breach of labor contract.

With regard to the liability for breach of contract in a labor contract, taking into account the particularity of the labor contract and in combination with the provisions on the liability for breach of contract in foreign labor contracts, the main method should be to continue to perform and compensate for losses, supplemented by preventive and remedial measures such as injunctions and declarations, and the liquidated damages and deposits should not be applied to the liability for breach of contract in the labor contract.

Continued performance, also known as actual performance or specific performance, refers to the way in which the other party requests the breaching party to continue to perform its obligations when the breaching party fails to perform the contract. In particular, when the employer breaches the contract, it should give priority to bear the liability for breach of labor contract by continuing to perform the responsibility, which is very important to protect the legitimate rights and interests of employees in the situation of increasingly fierce competition and relatively difficult job selection. It should be noted that continued performance only occurs in the case of breach of contract by the employer.

If an employee breaches the contract, the employer generally cannot invoke the actual performance system. This is because the labor contract is personal dependent, and if the employee is forced to perform the service, it is tantamount to imposing coercion on the debtor's person, infringing on personal freedom, and contrary to the basic values of respect for personality and protection of personal freedom in modern society.

3. How to determine the amount of liquidated damages in the labor contract.

The amount of liquidated damages should be set in accordance with the principle of fairness and reasonably determined according to factors such as the employee's labor remuneration. The liquidated damages paid by the employee to the employer shall not exceed the total salary of the employee in the 12 months preceding the termination of the employment contract. However, if the amount of liquidated damages agreed upon is unusually high, the parties may request an appropriate reduction.

If a dispute arises between the two parties over liquidated damages, it may be resolved in accordance with the procedures for handling labor disputes.

The law stipulates that the employee shall only bear the liquidated damages in two cases, which is invalid if it does not meet the requirements of the law.

Labor Contract Law

Article 22 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 period of service.

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 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.

Article 25 Except as provided for in Articles 22 and 23 of this Law, an employer shall not agree with a worker that the worker shall bear liquidated damages.

First, it mainly depends on whether the rules and regulations of the unit are illegal, and second, the quantification of the qualitative and degree of your work mistakes, and the second is to clearly distinguish between dismissal, dismissal and termination of the labor contract.

If you want to apply for arbitration, 1. Request to revoke the dismissal decision. 2. The termination of the labor contract made by the company is invalid. 3. Reissue the unenjoyed company welfare expenses.

4. If it cannot be recovered, then the request for payment of severance or compensation for the termination of the labor contract shall be added. Evidence: company processing decisions, notices, employment contracts, benefit documents, records of using your vehicle, etc.

The key is to learn from the lessons and avoid mistakes at work.

What should I do if there is a labor dispute, QQ is 3158838478 to help.