Regarding the question of the new labor contract law, what is the new labor contract law?

The new Labor Law stipulates that there are only two circumstances in which an employer can agree on liquidated damages with an employee:

1. If the employer provides special training expenses for the worker and provides him with professional and technical training, it may enter into an agreement with the worker to stipulate the service period.

If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

2. 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.

To put it simply, liquidated damages can only be agreed upon if the employer provides you with technical training or is subject to a non-compete restriction. And the liquidated damages cannot exceed the training fee of the unit. Therefore, in your case, the limitation of liquidated damages in the contract should be invalid.

The Labor Contract Law stipulates.

Question 1: Standard of liquidated damages: [Article 1 of the Labor Contract Law].

1. If the employer provides special training expenses for the workers and provides them with professional and technical training, it may demand the payment of liquidated damages, which shall not exceed the training fees.

2. Senior managers, senior technical personnel and other personnel with confidentiality obligations who have mastered and understood the trade secrets and intellectual property rights of the enterprise in the enterprise are subject to non-competition.

Note: Only the above two types of workers can agree on liquidated damages, and other employees do not need to agree on liquidated damages.

Question 2: Unilateral termination system by employees.

1. Termination with notice: The employee shall notify the employer in writing 30 days in advance [Article 37 of the Labor Contract Law].

a. The worker does not need any reason, as long as the conditions are met procedurally.

b. Workers do not need the approval and consent of the employer.

c. If the labor contract is terminated at will (not in accordance with the above procedures), the employer may hold the employee responsible.

The new employment contract law stipulates two kinds of liquidated damages: one training fee and one non-competition, and in other cases, it is sufficient to notify the employer in writing 30 days in advance.

Legal analysis: The new labor contract law stipulates that: (1) the registered capital shall not be less than RMB 2 million; (2) Have fixed business premises and facilities suitable for conducting business; (3) Have a labor dispatch management system that complies with the provisions of laws and administrative regulations; (4) Other conditions provided for by laws and administrative regulations.

Legal basis: Article 4 of the Labor Law of the People's Republic of China Article 4 A branch established by an employer as stipulated in the Labor Contract Law may conclude a labor contract with an employee as an employer if it obtains a business license or registration certificate in accordance with the law; If a person fails to obtain a business license or registration certificate in accordance with the law, he or she may conclude a labor contract with the employee upon the entrustment of the employer.

1. Sign a labor contract well, have the greatest protection for the rights and interests of employees, if the unit delays or refuses to issue work, you can directly submit to the local labor arbitration commission for labor arbitration (free of charge). In addition, it is possible to claim a 15% increase in compensation for the part of the violation. And the warranty can also be mandatory for the unit to pay.

At the same time, when the unit closes down or lays you off, there will be economic compensation (one month's salary for one year, half a month's salary for less than 6 months). But be careful to keep your pay slips.

2. Sign the contract, resignation is not as difficult as you think, as long as you resign, stay for a month and leave, the unit shall not refuse your resignation without a legitimate reason, if the unit withholds your labor handbook or certificate, find the labor arbitration commission or call the police.

3. It is a mandatory obligation for the unit to pay insurance under the laws of the state. If they do not pay, they can ask them to pay you in cash when they leave the company, and if they refuse to pay, they will be free of charge.

4. All of the above are stated in accordance with the law. The specific practice may be based on your local situation

First, the selection of the unit should be considered according to the following principles: 1. Leader, master, 2. Team atmosphere, 3. Benefits, 4. Development space: If there is a bad one, it is not a good job, and it is recommended to change jobs.

Second, if you work in this unit, if there are a lot of non-compliance, you should leave early, and thirdly, you have to live a living, don't be too rigid, you have also served this unit for many years, and you are worthy of them.

Fourth, I wish you success in your work, a prosperous career, a healthy life, a happy family, and a happy new year.

If you don't want to work for this company anymore, then don't sign up. Even if you sign the contract, you can terminate the contract without any compensation if you give one month's written notice to the employer. However, if the contract is not signed, the employer will pay double the salary, starting from the second month.

If the employer does not pay social insurance, the employee can complain to the labor bureau and ask the employer to buy it. You can also terminate the contract on this ground, and you can also claim financial compensation, which is definitely a loss for the unit.

1.If you sign a contract, even if you have to close the door if the benefits are not good, you can have economic compensation, and you can compensate for 1 month's salary after working for 1 year, and so on.

2.If you want to resign after signing the contract, you only need to ask the company one month in advance.

3.If you do not pay social security after signing the contract, you can complain to the local social security department.