Urgent about the disputed clause in the employer s agreement

Updated on society 2024-04-18
7 answers
  1. Anonymous users2024-02-08

    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.

    Enterprises must have actual special training expenses, and professional and technical training.

    Induction training does not count, and the company must provide evidence of the actual expenses involved.

    If true, the company's request is deemed reasonable. Terms are valid.

    However, the company generally signs such terms when the contract is signed and the service period is agreed.

    You were not aware of these requirements and agreements at the time of employment, and signed a contract. At this time the request, I think it is possible not to sign if the company terminates the contract. It is possible to claim double compensation for one month of work for one year.

    If you still want to continue there, it doesn't matter if you sign it, you can do it after that deadline.

    However, how did the base of 50,000 yuan come about, the unit has to provide evidence.

    For details, please consult the local labor and social security bureau.

  2. Anonymous users2024-02-07

    1. There is a liquidated damages clause, which needs to be agreed upon; Voluntary resignation within 3 years needs to be paid.

    2;If you find a way to get the company to fire you, then you don't need to pay.

  3. Anonymous users2024-02-06

    If the pre-job training is that kind of special training, that is, the kind of training that requires special training for the position, the agreement is valid, and the corresponding training expenses must be paid if you leave the job.

  4. Anonymous users2024-02-05

    Article 22 The following acts of an employer maliciously circumventing Article 14 of the Labor Contract Law shall be deemed invalid, and the employee's working years and the number of times a fixed-term labor contract has been concluded shall still be counted consecutively:

    1) Compelling the worker to resign and re-sign a labor contract in order to "zero the length of service";

    2) Alternately changing the name of the employer when signing a contract with an employee through the establishment of an affiliated enterprise;

    3) Through illegal labor dispatch;

    4) Other circumvention conduct that clearly violates the principles of good faith and fairness.

  5. Anonymous users2024-02-04

    If you sign up, then the company can drop you to work in other affiliated companies, that is, change your job at will.

    If you don't obey, you can be punished or even expelled. There is no need to pay severance payments.

  6. Anonymous users2024-02-03

    1. In accordance with the requirements of the Labor Contract Law of the People's Republic of China, the employment contract shall be a legal contract and an effective contract after mutual consultation between the employer and the employer and signed by both parties.

    Second, according to the Labor Contract Law, as long as you submit your resignation report to the employer one month in advance, and resign one month after approval, you will not pay liquidated damages.

    Third, if the employer made a resignation report to you a month ago, and when you left a month later, it still deducted 500 yuan of liquidated damages, which is illegal. If that's not the case for you, being able to do that is another matter.

  7. Anonymous users2024-02-02

    Legal Analysis: Yes. The contract between the employee and the employer must be in writing.

    Legal basis: Labor Contract Law of the People's Republic of China Article 10 To establish a labor relationship, Huiwang shall conclude a written labor contract. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

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