If the probationary period is broken, do I need to compensate for the breach of the probationary per

Updated on society 2024-05-17
6 answers
  1. Anonymous users2024-02-10

    First of all, you sign a lifetime contract with a probationary period of 6 months, see if you have signed for more than 3 years.

    Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

    The same employer and the same employee can only agree on a probationary period once.

    Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

    The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

    This is about the training fee in the labor contract.

    Article 22 Where 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 period of service.

    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.

    But be careful:

    The "special training expenses" in Article 22 of the Labor Contract Law refer to the expenses provided by the employer to the employee in a lump sum or within one year that exceed 50% of the average annual salary of the enterprise, and "professional and technical training" refers to the training provided to improve the specific skills of the employee. The training fee is determined on the basis of the training documents with monetary payment vouchers, as well as the wages and travel expenses paid during the full-time training period.

    About confidentiality fees.

    This should be clearly written in the contract and paid to you.

    Article 24 The persons subject to non-competition restrictions are limited to the senior management personnel, senior technical personnel and other personnel who have the obligation of confidentiality of the employer. The scope, region, and duration of the non-compete restriction shall be agreed upon by the employer and the employee, and the agreement on the non-compete restriction shall not violate the provisions of laws and regulations.

    I don't know what position you are.

    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.

    That is, as long as you don't do the work mentioned in the non-compete or keep it confidential for him, he will have to pay you every month for that period.

    The term must not exceed 2 years.

    So you see what you can get.

    If you don't have the money for more than 3 years then you need to file a 30-day written application, if there are 3 years, then you need to file 3 days in advance.

    The employer must not seize anything from you.

    You can go directly to the local labor arbitration institution to ask for what belongs to you.

  2. Anonymous users2024-02-09

    Don't say anything, just go directly to the Labor and Social Security Bureau to complain, and they will do it.

  3. Anonymous users2024-02-08

    The probationary period is 6 months???

    You've been signing for a few years.

    How can there be such a long trial period ......

    Confidentiality and training fees.

    Do you have the corresponding documents......Although there is such a project in the labor law, it is not possible to say that he has a confidentiality fee and pay it.

  4. Anonymous users2024-02-07

    There's a relatively easy way to do it! It's just not about resignation, uninterrupted late arrivals and early departures, surfing the Internet during office hours, asking for continuous sick leave, and having a quarrel with his direct leader (analysis of opinions) to argue with reason, so that he can't get off the stage! Ignore the unspoken rules of the office, strive for a month's salary, let the company fire you, and terminate the labor contract with you, so that it is not a breach of contract, and all the costs are saved!

    Your file will be returned to the Talent Center so you can get it back! (Note: Don't forget to pay attention to the job that suits you!)

    The trick is a loss point, but it works! I've tried it from experience! Hey hey

  5. Anonymous users2024-02-06

    No, you don't. The probationary period is the period of probationary work agreed between the employee and the employer. During this period, the employee and the employer can get to know each other's situation and decide whether to choose each other.

    The purpose of the Labor Law to establish a probationary period is to give further "choice" to both the employer and the employee. Article 32 of the Labor Law clearly stipulates that an employee may terminate the employment contract at any time by notifying the employer during the probationary period, without the consent of the employer. During the probationary period, the termination of the employment contract is an important right of the employee, the so-called "unilateral termination right".

    During the probationary period, the employer can only terminate the employment contract if it proves that the employee does not meet the employment requirements. During the probationary period, if the employee proposes to terminate the labor contract, there is no need to attach any conditions. The employer cannot coincidentally require the employee to pay liquidated damages on the grounds stipulated in the contract.

    Legal basisArticle 32 of the Labour Code.

    Under any of the following circumstances, the employee may notify the employer to terminate the labor contract at any time: (filial piety) during the probationary period; (2) The employer uses violence, threats, or illegal restrictions on personal freedom to force labor; (3) The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract.

  6. Anonymous users2024-02-05

    Legal Analysis: If an employee violates the service period agreement, he or she 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 that the employer requires the employee to pay shall not exceed the training fee that should be apportioned for the unfulfilled part of the service period.

    It is recommended to settle the matter through negotiation, and if the negotiation fails, you can file a complaint with the labor inspection department or apply for labor arbitration as soon as possible.

    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.

    Article 584:Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

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