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No penalty is required. Because, you didn't report to work, voluntarily gave up the employment opportunity, and the agreement was not established. However, the market is risky, and you need to be cautious when signing a contract. Netizen suggestions are for reference only, good luck!
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After all, if you go to nag, it means that you have a relevant verbal agreement that should be left, so you should pay the relevant fees.
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If it is an intentional agreement, there should be no liquidated damages, but if it is a formal contract, it must be executed according to the contract.
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No. If you don't go to work, it means that the other party's obligations have not been completed, so you don't have to pay liquidated damages to the other party. The next time you sign an agreement, look at the terms. Beware of being pitted.
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There is no formal contract, no liquidated damages, and the agreement is informal.
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If you really don't pay, the other party won't actually do anything to you!
First of all, this kind of contract is an overlord clause, which is not recognized by the court, so you don't have to take it too seriously. But your behavior is indeed a dishonest behavior, and it will leave a reputation for dishonesty, so I still hope to be cautious!
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Because you didn't report to work and didn't sign a labor contract, you don't have to pay liquidated damages.
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It is only a contract of intent, no liquidated damages, and if it is a formal contract, it is necessary to perform duties.
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It depends on how the leader of your unit ......
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It depends on whether the tripartite agreement is signed at the time of the agreement, if there are liquidated damages, liquidated damages need to be paid, and if there are no liquidated damages, there is no need to pay liquidated damages.
After signing the tripartite agreement, the employee has reported to the unit, but has not signed the labor contract, the employee resigns and needs to pay liquidated damages, and the labor and the employer are bound by the tripartite agreement, and after the employee and the employer sign the labor relationship, the employee proposes to terminate the labor relationship in accordance with the law, usually does not need to pay the liquidated damages stipulated in the tripartite agreement, and after the labor contract is signed by the labor contract, the tripartite agreement loses its effect and is implemented in accordance with the labor contract.
If the labor contract is not signed, it is not called resignation, it is called breach of contract, that is, the violation of the tripartite agreement, and if the tripartite agreement is signed, if the breach of the bridge is agreed to be delayed, the liquidated damages need to be paid.
If the employee only signs a tripartite employment agreement with the company, but after obtaining the graduation certificate, the company still does not sign the labor contract, the employee can apply for resignation, and the employment agreement is a general contract, not a labor contract and is not subject to the adjustment of the labor contract law, and the agreed liquidated damages are valid.
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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.
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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.
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If it is a dismissal order, it does not affect the compensation and compensation.