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There is no penalty for liquidation.
It is also the money to buy a new employment agreement.
You can continue to look for a job.
If you have to pay liquidated damages, you can go to the company for a few days first, and you can resign during the probation period without paying.
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If the signed legal agreement is broken, it is natural to pay liquidated damages, but if the state has regulations that do not allow liquidated damages in this regard, then this is illegal and does not need to be complied with.
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You have to pay liquidated damages, depending on how much your agreement is, how much you have to pay liquidated damages, but no more than 5000, the state stipulates, generally around 4000, and you must let the school know if you breach the contract, because you also need a tripartite agreement, only one per person, only after the breach of contract with this unit, you can get another tripartite agreement. This is the rule, as for the specific details, you can consult the instructor of your employment office, you have to be cautious in what you do, I also graduated in 08 this year, so I still know a little about this, if you still have questions, you can communicate with each other**ha.
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There is no provision in the state that liquidated damages cannot be collected, you can negotiate to terminate it, and strive to not charge your liquidated damages, and the amount of liquidated damages depends on the agreement between you; If you don't want to pay, you can terminate the employment agreement at any time after reporting.
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The absence of an employment contract does not mean that there is no other agreement between the parties.
There are other agreements that indicate that there is still a contract, offer, as the name suggests, is an offer, I will provide you with a position, but if you don't come, you still have to pay me liquidated damages?
In addition, the current labor contract stipulates liquidated damages and is roughly divided into "Beijing faction" and "Shanghai faction", the latter for breach of contract.
The provisions are very strict, and the employer shall not stipulate breach of contract in the contract, except for the confidentiality obligation and related training expenses. Gold.
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You can negotiate with the company, generally the company will not require you to pay liquidated damages, if you have to pay, you can ask the school admissions and employment office, the employment agreement you signed is protected by the Education Bureau, you can consult them, basically the liquidated damages will not exceed one month's salary, I have not heard of a real liquidated damages.
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Legal analysis: liquidated damages refer to the money that should be paid to the other party if one party breaches the contract in accordance with the agreement of the parties or the direct provisions of the law. The standard for liquidated damages is money, but the parties may also agree that the subject matter of liquidated damages is other property other than money.
So how much is the general liquidated damages? The amount of liquidated damages in the contract shall be agreed upon by both parties. However, the maximum amount of losses suffered shall not exceed 30%, and if it exceeds 30%, the court may be requested to appropriately reduce it.
Legal basis: Article 577 of the Civil Code of the People's Republic of China: If a party who is guilty of fraud fails to perform its contractual obligations or performs its contractual obligations in accordance with the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
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If the law does not stipulate that the liquidated damages are generally a few percent, and the two parties may negotiate, but the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties. Article 585 of the Civil Code of the People's Republic of China 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.
If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties. If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages. Article 29 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Contract Law of the People's Republic of China provides:
Where the parties claim that the agreed liquidated damages are too high and request an appropriate reduction, the people's court shall, on the basis of the actual losses, take into account comprehensive factors such as the performance of the contract, the degree of fault of the parties, and the expected benefits, and weigh them in accordance with the principles of fairness and good faith, and make a ruling. Where the liquidated damages agreed upon by the parties exceed 30% of the losses caused, they can generally be found to be "excessively higher than the losses caused" as provided for in paragraph 2 of Article 114 of the Contract Law.
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Legal Analysis: Breach of contract refers to the breach of contractual obligations by the parties to the contract. Breach of contract is the basic constituent element of liability for breach of contract, and without breach of contract, there is no liability for breach of contract.
A sales contract is a legal document that is binding on both parties. Either party has breached its obligations under the contract; The injured party has the right to claim compensation for damages as to bear the legal consequences of the breach of contract.
To break a contract means to tear up a mutually agreed agreement, treaty, contract, etc. Breach of contract is not only defined in the form of the text, but also in the verbal expression. To break the contract is to fail to comply with all the terms of the original contract. Breach of contract defense is a legal term.
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 clearly states or shows by its own conduct that it will not perform its obligations under the contract, the other party may request it to bear liability for breach of contract before the expiration of the performance period.
It depends on the specific terms of the contract.
Under normal circumstances, the conditions for the termination of the contract include: the termination of the agreement, that is, both parties agree to terminate the contract, in which case neither party is liable for breach of contract, but if the other party requires you to pay liquidated damages in the conditions of the agreement, there is no way. >>>More
Article 36 of the Labor Contract Law of the People's Republic of China stipulates that an employer and an employee may terminate a labor contract if they reach an agreement through consultation. >>>More
If you submit your resignation letter one month in advance, you can have a file without paying liquidated damages. >>>More
According to Article 98 of the "Power Supply Business Rules", when the consumer fails to pay the electricity fee within the time limit specified by the power supply enterprise, it shall bear the liability for breach of contract for late payment of electricity charges. The penalty for electricity charges shall be calculated from the date of overdue to the date of payment. The liquidated damages for the daily electricity bill shall be calculated according to the following provisions: >>>More
Residents who are in arrears will be charged a late fee of 1/1000 per day, and those who are less than 1 yuan will be charged 1 yuan. However, as long as we run out of electricity bills, there will be a power outage immediately, and there will be no arrears at all.