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It depends on the specific terms of the contract.
Under normal circumstances, the conditions for the termination of the contract include: the termination of the agreement, that is, both parties agree to terminate the contract, in which case neither party is liable for breach of contract, but if the other party requires you to pay liquidated damages in the conditions of the agreement, there is no way.
However, in general, the so-called consent should be unconditional consent.
If you think it's a loss, you can go to the local labor arbitration department to consult and see if you can apply for protection, but in order not to make a big deal out of it, as long as you insist, you should not be deducted or anything.
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This should be analyzed on a case-by-case basis, 30 days after you submit your resignation letter, even if the company does not approve it, you can automatically leave the job. However, voluntary resignation is the result of a stalemate. Within these 30 days, if the company needs to make a claim, he will submit it to you in writing.
However, if you have committed a breach of contract (such as non-payment of overtime, non-payment of insurance, etc.), you can ignore the claim. In the event of a dispute, you must apply for dispute resolution at the local labor arbitration department within 60 days. Generally, the items of the claim are related to training during the work, and you can also think about it yourself.
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Not necessarily, it depends on your contract, and the legal issues are a bit complicated!
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Legal analysis: Voluntary resignation generally does not need to pay liquidated damages, but if it is during the probationary period or within the contract, the company will give you corresponding special training, then you will have to pay the corresponding liquidated damages. Generally speaking, the amount of liquidated damages does not exceed the cost of the training provided by the employer.
However, if the corresponding training is not carried out in time within the contract, then the costs incurred should not be borne by the employee.
Legal basis: Civil Code of the People's Republic of China
Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
Article 578:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.
Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.
Article 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in an inconsistent manner with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.
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Legal analysis: Under normal circumstances, employees do not need to pay liquidated damages if they resign, and only if the employee violates the relevant regulations, the company must be compensated. The Labor Contract Law stipulates that, in addition to "if an employer provides an employee with special training expenses and provides him with professional and technical training, it may enter into an agreement with the employee to stipulate the service period" and "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."
If an employee violates the non-compete agreement, he or she shall pay liquidated damages to the employer in accordance with the agreement", the employer shall not agree with the employee that the employee shall bear the liquidated damages.
Legal basis: Labor Contract Law of the People's Republic of China
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.
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