Is this a breach of contract? Is this a breach of contract? How exactly did it break the contract

The employment agreement is also a kind of contract, and of course you should be considered a breach of contract in this case, if it is written how much liquidated damages you have to pay, you have to pay, if it is not written, you don't have to pay. In fact, to be honest, the unit generally won't care about you, if you don't leave any relevant documents in the unit, just leave, don't be afraid.

Just ask your teacher, and you'll know that the school's career office will know very well.

If you go to the company to resign, the company will definitely deduct your money.

This has nothing to do with breach of contract.

When you get a job, just quit, regardless of the garbage company.

If the company presses your salary, you pay in advance and withdraw!

Today's companies don't treat employees like anything.

If you just leave, they won't go to any department to sue you, don't worry, unless you're a senior manager.

If the employment agreement you are talking about is a tripartite agreement, even if it is a breach of contract, if the contract states that it needs to be paid, the breach must be paid, and the tripartite agreement is only one copy per person, and only after signing the contract can you get a new three-party agreement. Now that you have found a new job and need to sign a tripartite agreement, you have to break the contract with the original unit, get back the old tripartite agreement, and replace it with a new one. Therefore, you have to pay liquidated damages.

On the other hand, if the new unit does not settle the hukou, then you can sign the tripartite agreement without signing the tripartite agreement, and you can sign the employment contract directly with the new unit, so you don't need to breach the contract with the original unit now, and then go directly to report at that time, and then don't sign a work contract with him.

Does your tripartite agreement specify liquidated damages, if so, even if you breach the contract, you have to pay liquidated damages, and it has nothing to do with the labor contract, but as far as I know, the company generally does not embarrass students who have not graduated, because the senior year is inherently unstable, so I think you can negotiate with the company to explain the sincerity and reasons, don't let the supervisor feel embarrassed, maybe your attitude is impersonal, or unreasonable, causing the company to ask you to pay liquidated damages, I suggest you explain the reason to the company.

Because you don't have a labor contract, you don't have to pay liquidated damages, and I suggest you check with the labor bureau for a closer look.

If there is no mention of liquidated damages in the employment agreement, then the company is not entitled to attach a clause. If it is mentioned, and there is a clear amount, then only liquidated damages can be paid. In fact, the general unit will not be difficult for recent graduates, because recent graduates are not sure about their own development direction, and may go to graduate school and go abroad.

I think it may be due to your attitude. Talk to the unit, these are not hard and fast rules.

A contract is similar to an agreement, and once it is signed, it is binding.

Even an IOU on ordinary paper can be used to recover the arrears as evidence.

So you have to look at the agreement you signed with the company before.

Is there a provision for liquidated damages in case of breach of contract?

If it is written, then you can't fight the lawsuit, and you have to pay compensation.

If the agreement is not written, then you don't have to worry about it and just follow it.

There is a clear number of people in the contract, which must be considered a breach of contract, but you can negotiate with the landlord to increase the rent or something, the stipulation is dead, and the person is alive.

Legal Analysis: Including:

1. Unilateral breach of contract refers to the breach of contract by one of the parties. The specific forms of default in China can be divided into two categories: expected default and actual default. Among them, anticipatory default includes express anticipatory default and tacit anticipatory default; Actual breach includes non-performance and incomplete performance; Non-performance also includes impossibility and refusal to perform, incomplete performance includes delay in performance, improper performance and other incomplete performance.

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.

Lawyer analysis

1. 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 be deemed to be in breach of contract;

2. One of the parties clearly states or shows by its own behavior that it will not perform its contractual obligations;

3. One of the parties fails to pay the price, remuneration, rent, interest, or fails to perform other monetary debts;

4. If the performance does not conform to the agreement, it shall bear the liability for breach of contract in accordance with the agreement of the parties.

Legal basis

Article 577 of the Civil Code.

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 590.

If one of the parties is unable to perform the contract due to force majeure, it shall be exempted from liability in part or in whole according to the impact of force majeure, except as otherwise provided by law.

If the contract cannot be performed due to force majeure, the other party shall be notified in a timely manner to mitigate the losses that may be caused to the other party, and proof shall be provided within a reasonable period of time.

If force majeure occurs after the party delays performance, it shall not be exempted from liability for breach of contract.

Generally speaking, a breach of contract is subordinate to an offence. There are two types of civil violations: civil breach of contract and civil tort.

In general, a breach of contract presupposes the existence of a valid contractual relationship. Without a valid contractual relationship, there is no contractual obligation, and there is no question of non-performance of contractual obligations by one of the parties or non-compliance with the agreement. Therefore, only the existence of a valid contractual relationship can lead to the existence and possibility of breach of contract.

A breach of contract is a breach of contractual obligations by a party to a contract.

Illegal acts refer to the acts of state organs, enterprises, public institutions, social groups or citizens that violate the provisions of the law, causing the destruction of social relations and social order protected by the law, and shall bear legal responsibility in accordance with the law.

The difference between the two is that the former is an act of non-performance of the agreed responsibilities and obligations, and the latter is an act of violating the mandatory provisions of the law or refusing to perform the statutory responsibilities and obligations.

If it is only a breach of contract verbally promised to you, it is not illegal, and the breach of contract that is not executed in accordance with the contract is divided into compensation and refusal to compensate according to the law, and if he breaches the contract and refuses to compensate, he can file a legal action to recover legitimate rights and interests.

Hello breach of contract is a violation of the agreement between the parties, not necessarily illegal;

Violation of the law is a violation of the state's civil, administrative, and criminal legal norms, and is not necessarily a breach of contract.

There was no legal contract.

Breach of contract refers to the breach of a contractual obligation, also known as non-performance of a contractual obligation. The contractual debts here include not only the obligations agreed upon by the parties in the contract, but also the obligations directly stipulated by the law, as well as the obligations that the parties must comply with according to the requirements of legal principles and spirit. The legal consequences of a breach of contract are:

1. The debtor shall bear the liability for breach of contract, regardless of whether it is a cause attributable to the debtor, but the debtor shall be exempted from the responsibility for actual performance; The creditor may terminate the contract in accordance with the law and claim compensation for losses. In addition, if the act of the defaulter constitutes a crime, the defaulter shall also bear criminal liability in accordance with the law. 2. If the contract cannot be performed due to reasons attributable to the debtor, the debtor shall be exempted from the actual performance liability, but shall bear the liability for breach of contract; The creditor may terminate the contract in accordance with the law and claim compensation for damages.

3. If the debtor is unable to perform for a while due to reasons attributable to the debtor, the debtor shall perform the original debt and bear the liability for breach of contract after the reason for the failure is cleared. 4. If the contract cannot be performed due to reasons attributable to the debtor, the debtor may be relieved of the actual performance liability for the part that cannot be performed, and the part that can be performed shall continue to be performed, and at the same time bear the liability for breach of contract; If the partial performance fails to achieve the purpose of the contract by the creditor, the creditor may rescind the contract and claim compensation for losses. Article 577 of the Civil Code provides 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.

Breach of contract is a breach of contract if you fail to perform your obligation to travel in accordance with the matters agreed in the contract signed by both parties. For breach of contract, the corresponding liability for breach of contract shall be borne in accordance with the provisions of the contract and the Contract Law. Breach of contract is the basic constituent element of liability for breach of contract, and without breach of contract, there is no liability for breach of contract.

According to the time of the breach, the breach can be generally divided into anticipatory breach and actual breach; The actual violation of the covenant can be divided into non-performance, non-compliance with the agreement and other violations of contractual obligations; The performance that does not conform to the agreement can be divided into delayed performance, performance with defective quality, and incomplete performance.