The employment agreement stipulates that the liquidated damages are 5,000 yuan, and the cancellation

According to the relevant provisions of the Labor Contract Law, if there is no service period clause, as long as the resignation is submitted one month in advance, there is no need to pay any liquidated damages.

The provisions on this aspect in the 08 Regulations on the Implementation of the Labor Contract Law of the People's Republic of China (Draft) are as follows:

Article 36 Where an employer has agreed on a service period with a worker, and the termination of the labor contract is in accordance with the provisions of Article 38 of the Labor Contract Law that the employee may terminate the labor contract due to the employer's violation of the law, it shall not be regarded as a violation of the service period, and the employer shall not require the worker to pay liquidated damages.

Under any of the following circumstances, if the employer and the employee terminate the labor contract with the agreed service period, the employee shall pay liquidated damages to the employer in accordance with the agreement:

1) The worker seriously violates the rules and regulations of the employer;

2) The worker is seriously derelict in his duties, engages in malpractice for personal gain, and causes major damage to the employer;

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

4) The labor contract is invalid because the employee has the provisions of Item 1, Paragraph 1 of Article 26 of the Labor Contract Law that the employee uses fraud, coercion or taking advantage of the danger of the employee to conclude or modify the labor contract contrary to his true intention;

5) The worker is investigated for criminal responsibility in accordance with law.

If the society breaks the contract after signing an employment contract, it is necessary to pay liquidated damages, and the specific standard of liquidated damages is determined based on the actual losses caused, but the law clearly stipulates that the upper limit of liquidated damages shall not exceed 30% of the actual losses, and the agreed standard can be reduced if it exceeds this upper limit.

1. Is it necessary to pay liquidated damages for breaking the contract after signing an employment contract?

Obviously, it is necessary to pay liquidated damages, if the contract only makes principle provisions on liquidated damages, and does not specifically stipulate the proportion or amount of liquidated damages, and the relevant laws do not clearly stipulate the proportion or amount of liquidated damages, it can be implemented in accordance with the Civil Code and the general principles of the Civil Code on the liability for liquidated damages. Generally speaking, the maximum amount of liquidated damages is not more than 30% of the actual loss. However, if it is too high or too low, the court can be requested to grant a decrease or increase.

2. Types of liquidated damages

If a party completely fails to perform its obligations or improperly performs its obligations, it must pay the other party a certain amount of money or other property other than money as agreed. Liquidated damages are a form of contract economy and an economic sanction for breach of contract. Liquidated damages are established to ensure the performance of the debt, and even if the other party has not suffered any property loss, liquidated damages must be paid in accordance with the provisions of the law or the contract.

The standard of liquidated damages shall be prescribed by law or agreed in writing by both parties in the contract. There are two types of liquidated damages:

1. Punitive liquidated damages, its function is all in punishment, if the other party suffers property losses due to breach of contract, the breaching party shall pay liquidated damages in addition to the other party's losses.

2. Compensatory liquidated damages are a kind of advance estimate of the property losses that one party to the contract may suffer due to the breach of contract by the other party, and the payment of liquidated damages exempts the breaching party from the responsibility of compensating the other party for the property losses suffered by the other party; Even if the loss is greater than the liquidated damages, no compensation will be made. The first paragraph of Article 585 of the Civil Code stipulates that: "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."

It should be made clear that the specific standard of liquidated damages needs to be determined through negotiation between the two parties, but in judicial practice, there are also situations where the parties have not specifically agreed on the standard of liquidated damages, in which case the compensation should be handled in accordance with the method of proving their own losses, and the two parties need to negotiate and determine, but they can also sue the court for judgment.

It is expressly allowed that only the employer and the employee are allowed to agree on two types of liquidated damages: 1If an employer pays for the training of the employee, it may stipulate liquidated damages for the service period, but the maximum amount shall not exceed the training expenses incurred by the employer, and the amount shall be reduced year by year according to the agreed period.

2.The confidentiality agreement on the employer's trade secrets may stipulate liquidated damages for the non-compete period, and stipulate that the employee will not be employed by the same company for a period of time after leaving the company. However, it shall not exceed two months at most, and the original employer shall pay the employee severance compensation on a monthly basis after resignation, otherwise the employee will not be deemed to have breached the contract.

Liquidated damages are not necessarily required to be paid if one of the parties violates the relevant provisions of the Labor Law and the Labor Contract Law. If you leave the job during the probationary period, you need a resignation certificate, which is a valid document that can prove that you have terminated the labor relationship with the original company.

Liquidated damages are not necessarily required to be paid if one of the parties violates the relevant provisions of the Labor Law and the Labor Contract Law. If you leave the job during the probationary period, you need a resignation certificate, which is a valid document that can prove that you have terminated the labor relationship with the original company.

1. Do I need liquidated damages for resignation during the probationary period after signing an employment agreement?

After signing an employment agreement, the employee does not need to pay liquidated damages if he or she leaves the company during the probationary period, and the employee can notify the employer at any time to terminate the labor contract, including: (1) during the probationary period, (2) the employer compels the employee to work by means of violence, threats or illegal restrictions on personal freedom; 2. The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract.

The Labor Contract Law clarifies that, except in two cases, the employer shall not agree with the employee on liquidated damages to be borne by the employee, or stipulate that the employee shall bear the liability for breach of contract in the name of compensation, liquidated damages, liquidated damages, liquidated damages, etc.

2. Do I need a resignation certificate to leave the company during the probationary period?

Need. No matter how long you have been in the company, you will need a certificate of resignation. Proof of resignation is an important document that should never be overlooked.

For the resigned employee, the resignation certificate is a valid proof to prove that he or she has terminated the employment relationship with the original company. The resignation certificate will mention when you joined the company, when you left the company, and the position you held with the company.

3. Can I leave on the same day when I leave the probationary period?

If you resign on the day of the probationary period, you can't leave on the same day, and you must submit it three days in advance for the resignation during the probationary period, and you need to pay your salary; In addition, the employer cannot deduct the employee's wages, and if the employer deducts the employee's wages without reason, the employee can file a complaint with the local labor inspection department or apply for labor arbitration.

If you are working for an employer, there are two ways to claim wages:

1.Workers can file a complaint with the local labor bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

2.You can go to the local labor bureau to apply for arbitration and demand payment of wages. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract.

If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments. Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Cons:

Applying for labor arbitration is a labor lawsuit, which has a slightly more procedure and requires professional guidance.

According to 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. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Where a signed employment agreement stipulates the service period and the non-compete restriction, liquidated damages may be stipulated. In the employment contract, it is only allowed to stipulate liquidated damages for the period of special training and service period and business prohibition and restriction of the employee, and the employer shall not stipulate the liquidated damages to be borne by the employee.

Article 22 of the Labor Contract Law If 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 service period. 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. 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. Article 23 The employer and the worker 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.