What should I do if the contracted unit refuses to break the contract?

One way must be to negotiate with the original company to solve it, that is, there are some things at home, not too far away from home, parents do not agree or something, try to say something good.

The second way, if the original unit refuses to give you a breach of contract, including if you give liquidated damages and does not give you a release, you will find the school to get another copy, and the general school will not support your breach of contract, but if you insist, some schools can get a new agreement.

The third way is to communicate with the new unit, tell them about the situation, and see if there is a way to help you solve it.

The procedures are generally as follows: negotiation - submission of liquidated damages - the unit presents the letter of termination of some agreements - and goes to the school to get the latest agreement with the letter.

This situation is the worst, your file should not have been sent to that middle school, it is best to dredge up the relationship with the school and transfer the file back to your hometown. Once the file goes to that school, you're in trouble. In fact, if you don't work in ** departments (including public institutions) these years, the file itself is useless, the problem is that if you want to work in these units, and go to graduate school, then you have to have a file.

Since the files and household registration have not been transferred to their school, what are you afraid of? Just don't go, just look for another job by yourself.

Emphasize the "refusal to break the contract".

I'm facing this right now! Many methods are useless, you can only fight a lawsuit and solve it with the law, and fast!

I'm also facing the same problem, we can't do this kind of thing in a hurry, the school leaders are dragging it, and when you graduate, you can't break the contract. Although it was written when it was signed that if the contract was broken, it would be necessary to pay 5,000 yuan in liquidated damages.

Generally, it is not possible to break the contract, if the candidate has signed a contract with a public institution, then it means that you have been admitted to the public institution, at this time, if the breach of the contract is affected, for example, if the contract is broken and compensation needs to be paid, then you need to pay compensation to the unit for unilateral breaking, and even includedPublic institution examinationsIntegrity file, because this is also a kind of dishonesty. If the candidate needs to terminate the contract for unavoidable reasons, in fact, he can wait for the resignation after joining the company, because the public institution has a one-year probationary period, and leaving during the probationary period has no impact and is not considered a breach of contract.

Regardless of the specific situation, it still depends on the specific unit requirements, if you want to break the contract, consult in advance, so as not to cause adverse consequences because of your own behavior, in fact, it is very good to be admitted to a public institution, whether it is the stability of the job or the treatment is guaranteed, many people want to take the public institution can not be examined, if you are admitted, you should cherish it, do not break the contract or leave the job at will.

Legal analysis: If there is a unilateral breach of contract after signing the contract, the breaching party shall bear the liability for breach of contract, such as continuing to perform the contract, compensating for losses, taking remedial measures, etc.

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 the performance of its contractual obligations 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 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in a manner inconsistent 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.

If a tripartite agreement is signed, the person who breaks the contract will be required to bear the liability for breach of contract. The perpetrator may first report to the unit in which the agreement is made, and then choose to leave the job. The law stipulates that 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.

Article 36 of the Labor Contract Law of the People's Republic of China The employer and the employee may terminate the labor contract if they reach a consensus through consultation. Article 37 of the Labor Contract Law of the People's Republic of China An employee may terminate a labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee may terminate the labor contract by notifying the employer three days in advance.

After signing the labor contract with the employer, if the employee does not want to take up a job, he or she may notify the employer in time. The labor contract has not been actually performed and has not yet taken legal effect. If you have already joined the company, you can notify the employer 3 days in advance during the probationary period, and 30 days in advance after the probationary period, you can file a request to remove the employee from the labor contract, and the employee does not need to bear the liability for breach of contract.

Unilateral repudiation of a work contract may be negotiated in private to demand liability for breach of contract or litigation settlement. Calculation standard of severance payment: The Labor Contract Law stipulates that the calculation of severance payment shall be paid to the employee according to the standard of one month's salary for each full year of service in the employer.

where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years. The term "monthly wage" here refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

1. What should I pay attention to when signing a work contract?

1. Review restrictive clauses.

Since the employer is in a relatively advantageous position in the labor and employment relationship, when signing the labor contract, it usually takes advantage of this advantage to formulate some unreasonable standard terms and conditions to force the labor attacker to accept, such as unreasonable years of service, harsh labor discipline and other terms. Therefore, when signing a contract, the employee should pay attention to carefully reviewing and scrutinizing the relevant clauses, fully understand the true meaning of such clauses, and raise objections to the unreasonable or even illegal parts of them, so as to avoid suffering losses in the future.

2. Review the terms of the probationary period.

It is also common for labor disputes to arise due to probationary periods. The law has clear provisions on the probationary period, such as the probationary period shall be included in the labor period, the probationary period shall participate in social insurance, the maximum period of the probationary period shall not exceed 6 months, and if the contract period is between 1 year and 2 years, the probationary period shall not exceed 60 days; If the contract period is between 6 months and 1 year, the probationary period shall not exceed 30 days; If the contract period is less than 6 months, the probationary period shall not exceed 15 days, etc.

3. Review the terms of job position and location.

In practice, many labor dispute cases are caused by unclear stipulations on the position and place of work in the employment contract. Strictly speaking, this is a category of labor conditions, and what kind of jobs and locations are provided by the employer directly affect the performance of the labor contract. Therefore, it is recommended that when signing an employment contract, the position and location should be clarified.

In most cases, the employee does not have to bear the liability for breach of contract when the employee terminates the labor contract, unless the contract stipulates the non-compete and service period. If the employer has a legitimate reason, it can also terminate the labor contract with the employee, including statutory termination and notice termination.

1. Can an employee break the contract after signing the work contract?

Yes, 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 before the probationary period. The employer and the employee may terminate the labor contract if they reach an agreement through consultation.

If the employer has any of the following circumstances, the employee may terminate the labor contract:

1. Failure to provide labor protection or working conditions in accordance with the labor contract;

2. Failure to pay labor remuneration in full and in a timely manner;

3. Failure to pay social insurance premiums for workers in accordance with the law;

4. The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of employees; 5. Other circumstances under which the employee may terminate the labor contract as stipulated by laws and administrative regulations. If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

2. What are the circumstances under which the employer notices the termination of the contract?

Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1. The worker is sick or injured not due to work, and cannot engage in the original job or other work arranged by the employer after the expiration of the prescribed medical treatment period;

2. The worker is not competent for the job, and is still incompetent for the job after training or job adjustment;

3. There is a major change in the objective circumstances on which the labor contract is based, which makes it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

3. What circumstances lead to the termination of the labor contract?

The labor contract shall be terminated under any of the following circumstances:

1. The labor contract expires;

2. The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

3. The worker dies, or is declared dead or missing by the people's court;

4. The employer is declared bankrupt in accordance with the law;

5. The business license of the employer has been revoked, ordered to close or revoked, or the employer has decided to dissolve in advance;

6. Other circumstances stipulated by laws and administrative regulations.

To sum up, after the new employee joins the company, he or she will sign a labor contract with the employer to make an agreement on work-related matters. During the term of the contract, both parties have the right to terminate, and the employee shall give one month's notice of resignation, or three days in advance if the probationary period is in. Of course, as an employer, when an employee is at fault or needs a long-term term due to a work-related injury, the contract can also be terminated.

1 After looking at your brother's situation, I will give you an analysis of how to deal with it:

First of all, it is necessary to clarify the labor relationship between your brother and Shagang:

In a broad sense, the labor relationship is calculated from the date of employment, and if your brother has not reported to work and signed a tripartite agreement, he will still be liable for breach of contract. However, if your brother is already working in that unit, the tripartite agreement has become invalid, and the labor law should apply to both parties, and there will be no so-called liquidated damages.

Of course, looking at what you said, your brother must not have even signed a tripartite agreement, so there is no such relationship.

In addition, the liquidated damages of the labor contract are limited to two situations: one is the non-competition restriction, and the other is the service period of the special training. You can take a look at Articles 22 to 24 of the Labor Contract Law.

If the liquidated damages paid by your brother are not within these two ranges, it is invalid, and your brother does not need to pay liquidated damages to Shagang Company.

Regardless of whether your brother graduates this year, or the agreement reached with Shagang before graduation, Shagang must give your brother a written commitment, which is also required by your brother's school, and there is no other relationship. Your brother is leaving, and he can do so at any time. As long as the application is made, the unit has no right to deduct liquidated damages.

Therefore, Shagang's behavior of collecting liquidated damages from your brother is illegal, in view of your brother's situation, I suggest that you coordinate with Shagang again, explain the relationship, and hope to handle it as soon as possible.

Now is a market economy society, choosing a good platform is very beneficial for personal development, and your brother's choice is understandable. The situation of enterprises deducting liquidated damages appeared 08 years ago, and after the introduction of the new labor contract law, employers are avoiding such risks. Your brother's problem will not appear in many standardized employers, and if Shagang really behaves like this, I don't think there is any need for such a company to be nostalgic.

If this is really not possible, it is only recommended to apply for labor arbitration, save the receipt voucher of Shagang at that time, and go to the labor and social security bureau (labor arbitration department) where Shagang is located for labor arbitration. The local labor department will defend your brother's rights.

Find a leader ...

The New Year is coming soon, and the teacher is also famous. Take advantage of the opportunity.

It's really not a success, only prosecution. According to Article 37 of the Labor Contract Law, an 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. Article 50: The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and shall complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

You can terminate the labor contract and request the employer to go through the resignation procedures in accordance with the above clauses, and if the employer does not agree, you can request the labor dispute arbitration commission to arbitrate until you file a lawsuit in court. They were also required to compensate for the losses incurred as a result of the delay in the separation process.

Addendum: Your question was not explained clearly, and you mistakenly thought that your brother had graduated (my brother graduated from junior college this year) and was working. However, your supplement also says (if it is delayed until the younger brother graduates), it seems that he has not graduated, this is a boundary of principle, its applicable law is completely different, and if it is a student, it is impossible to talk about the application of the labor contract law.