Questions about resignation? Please advise!

Article 22 An employer may enter into an agreement with a worker to provide special training expenses and professional and technical training to the worker, stipulating the period of service. If the 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 fee provided by the employer.

The employer requires the employee to pay liquidated damages, and shall not exceed the part of the service period that has not been performed. The agreement between the employer and the employee on the service period does not affect the increase of the employee's labor remuneration during the service period in accordance with the normal salary adjustment mechanism.

Article 25 Except as provided for in Articles 22 and 23 of this Law, the employer shall not agree with the employee that the employee shall bear the liquidated damages. ”

Interpretation: This article strictly restricts the conditions for the employer and the employee to agree that the employee shall bear the liquidated damages, and at the same time makes a specific definition of "training" that can agree on the liquidated damages. What is meant by "funding training" has always been controversial in academic circles, and this legislation has always been one of the biggest points of controversy in the process of the first, second, third and fourth trials.

Now that it has been finalized, it is more reasonable. However, with regard to the threshold for liquidated damages, the author believes that the conditions should be lowered or appropriately relaxed. The setting and payment of liquidated damages in labor contracts is one of the most common, sensitive and complex issues in labor disputes.

The current Labor Law does not have a clause on liquidated damages, and the local labor contract laws and regulations of various provinces and cities have made various provisions on liquidated damages, some of which are advocated and some are restricted. Therefore, this article has made a significant contribution to the unification of the liquidated damages system for labor contracts across the country. Unfortunately, this article restricts the scope of application of liquidated damages, stipulating that liquidated damages are limited to two situations: non-compete and capital contribution training, which means that under normal circumstances, the employer cannot agree that the employee shall bear the liquidated damages.

In the current situation where the employment environment is not relaxed and workers are in an absolutely vulnerable position, the refinement of the relevant provisions of the specific legal provisions on liquidated damages will indeed play an important role in protecting the legitimate rights and interests of workers. However, for employers, how to legally and effectively safeguard the legitimate rights and interests of the employer by providing evidence of the actual losses caused to the employer by the employee's breach of contract in most cases where liquidated damages cannot be agreed upon will become a new research topic for employers.

If you do not involve the so-called "non-competition" and "training" between you and your current employer, then you do not need to pay such a high amount of liquidated damages.

It is estimated that after you discuss with the company, the final result is that the issue of files and liquidated damages will be put on hold first, and it is more likely that you will be issued a resignation certificate first.

You can complain to your local labor office, and you should be able to get the corresponding compensation, refer to the Labor Contract Law

Article 10 A written labor contract shall be concluded for the establishment of labor relations.

If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

If you go to the local labor inspection department or your husband to arbitrate, you really can't go to the leader and say that your family is counting on half a month's salary to make ends meet, or you don't want it.