Whether the company can be required to pay liquidated damages for early termination of the employmen

Yes, the circumstances of non-payment of economic compensation stipulated in the Labor Contract Law are: "Article 39 An employer may terminate a labor contract if a worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) 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 employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law. ”

In accordance with Article 46, the employer shall pay economic compensation to the employee under any of the following circumstances:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

1) Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify a labor contract contrary to its true intentions;

2) The employer exempts itself from statutory liability and excludes the rights of employees;

3) Violating mandatory provisions of laws or administrative regulations.

If there is a dispute over the invalidity or partial invalidity of the labor contract, it shall be confirmed by the labor dispute arbitration institution or the people's court.

The company may be required to pay compensation for the illegal termination of the employment contract, instead of liquidated damages.

The act of rights protection is lawful.

Legal basis. Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) 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 employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Legal analysis: Generally, an employee is not required to pay liquidated damages for early termination of a labor contract, but he or she is required to pay liquidated damages under the following two circumstances: if the employer provides the employee with special training fees and provides him with professional and technical training, it may enter into an agreement with the employee to stipulate the service period, and the employee violates the service period agreement; The employer stipulates a non-compete clause with the employee in the labor contract or confidentiality agreement, and the employee violates the non-compete clause.

Legal basis: Article 23 of the Labor Contract Law of the People's Republic of China 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 with the employee a non-compete clause in the labor contract or confidentiality agreement, and agree to bury the stool after the termination or termination of the labor contract, and give the employee monthly economic compensation 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.

Legal analysis: Early termination of an employment contract generally does not require the payment of liquidated damages. According to the laws of the People's Republic of China, the employee may terminate the 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.

Legal basis: Article 585 of the Civil Code of the People's Republic of China The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach of contract. If the agreed liquidated damages are lower than the losses caused, the people's court or the arbitration registry may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

Labor Contract Law of the People's Republic of China Article 37 A worker 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.

1. Does an employee need to pay liquidated damages if he terminates the labor contract in advance?However, "30 days' written notice to the original employer to terminate the labor contract" is not a condition for exemption from liquidated damages, and the employee should still pay liquidated damages to the employer in accordance with the provisions of the labor contract, so it is legal for the employee to pay liquidated damages for early termination. Related Basis:

Article 19 of the People's Republic of China stipulates that "a labor contract shall be concluded in writing and shall contain the following provisions: (1) the term of the labor contract; 2) the content of the work; (3) Labor protection and working conditions; (4) Labor remuneration; (5) Labor discipline; (6) the conditions for the termination of the labor contract; (7) Liability for breach of labor contract.

2. What are the circumstances under which an employee bears liquidated damages? (1) If the employee violates the service period agreement, he or she shall pay liquidated damages to the employer in accordance with the agreement. 1. The service period can be agreed

1) The employer provides special training expenses for the employee; Otherwise, regardless of whether the employer has provided professional and technical training to the employee, as long as the training does not provide the employee with special training fees, the employer shall not agree on the service period with the employee if he or she loses position. (2) Conduct professional and technical training for workers; Where an employer conducts training on basic business processes, daily operation norms, or basic work discipline for its employees, it shall not agree on a service period with the employees. 2. The law has special provisions on the service period agreed between the employer and the employee:

1) The amount of liquidated damages shall not exceed the training fees provided by the employer. (2) 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. (3) 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.

In daily life, it is natural for employees to terminate the employment contract in advance due to their own personal reasons, but the termination of the employment contract must be notified to the employer in advance, otherwise it will be a loss to the employer, and they will not be able to find someone to replace your job immediately, so they need to bear the liability for liquidated damages.

This is called financial compensation.

General standard: Cheating is based on the number of years of service in the employer, and one month's salary is paid for each full year. if it is more than 6 months but less than one year, it shall be calculated as 1 year; If it is less than 6 months, half a month's salary will be paid.

The "monthly wage" here refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract and the number of months (the actual number of months of service for less than 12 months).

Special standards: (1) Special upper limit for high-wage workers. 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 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 severance shall not exceed 12 years.

2) Special minimum limits for low-wage workers. If the average monthly wage of a worker is lower than the local minimum wage standard, it shall be calculated in accordance with the local minimum wage standard.