What is the impact of the default of the fresh graduates?

Submit your resignation directly to the unit, if it is a probationary period, you can leave immediately, and there is no need for liquidated damages.

Have a better attitude and go through the reassignment procedures.

Negotiate with the unit, ask the unit to release the person, and then pay the liquidated damages, transfer the file back to the school, and apply for a new employment agreement!

If not, apply for reassignment.

Your account file is in **, if you are not in the company, you will leave directly, go to your file account, or a fresh graduate;

If you are in trouble at the employer, find a way to resign first, or let the employer fire you! Oh, take away your file and hukou, but at this time to have the unit to accept, hukou is very troublesome, it is best to get your family personnel department, if you graduated in July 2006, you can also find a relationship to get study.

You can be regarded as a fresh graduate, because you must go through the reassignment procedures less than a year after graduation, you resign now (you can leave after a month, no liquidated damages, if you are on probation, you can leave immediately, no liquidated damages), and then get back your registration card and household registration migration certificate, and then you can report directly to the new unit.

You can contact me if you have questions, but hope to get your points in the end.

leo_

Leo Challenge - Probationary period Level 1.

Standard answer.

A college student breaches the contract after signing it:

1. Employment agreement.

After signing, if the student or employer breaches the contract, the responsible party shall bear the liability for breach of contract in accordance with the provisions of the employment agreement.

2. If the student and the employer terminate the agreement through negotiation, they should sign the termination agreement document and submit it to the employment office of the university for the record;

3. The employment agreement signed by illegal means such as deception is invalid, and the responsible party shall bear the corresponding legal responsibility.

4. After the employment agreement is signed, the disputes between the student and the employer in the employment process shall be resolved by the school or by the Municipal Employment Office for College Graduates, and the parties may also file a lawsuit with the people's court.

2. Precautions for college students to sign a contract:

1. In the labor contract.

Specifying the position and position in it can prevent the employer from repeatedly applying the probationary period by changing positions.

2. The minimum wage standard should be specified in the labor contract, and it is best to give the year-end bonus.

Fixed with terms as part of the salary. Since there is no characterization of year-end bonuses in China for the time being, this legal gap may be exploited by employers and become a way to deduct salaries in the future.

3. Finally, find out whether the employer has applied for social insurance for employees.

If there is no social security, it is equivalent to a lot of salary minus, and you cannot enjoy the social security benefits of the state and the unit.

Further information: The employment rate of schools is generally based on the tripartite agreement signed.

If the contract is signed and the default will affect the inaccuracy of the statistics of the employment rate of school graduates. Generally, the employment rate announced by the school is very high, but in fact, there is moisture in it, because there are actually many graduates who have signed a tripartite agreement, but in the end they do not come to work for various reasons.

Legal Analysis: Civil Code

Article 577: If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

With the continuous development of social economy, in our real life, we will always see a variety of phenomena, especially many fresh graduates will feel regret after entering many units, thinking that their strength should not enter such a unit, so they are ready to default, but in fact, the consequences of breach of contract are very serious, we must know, let's take a look at the fresh graduates if there is a breach of contract, then what will be the consequences?

First of all, we must understand that the agreement signed by the graduate, the employer and the school has the corresponding legal benefits, if there is a corresponding breach of contract by one party, then it is necessary to accept the liquidated damages from the other party, and this liquidated damages are generally based on the relevant terms of the agreement to carry out relevant compensation, so if you want to breach the contract, then the first thing to bear is the economic loss, in addition, the graduates have also signed a relevant agreement with the school if they want to breach the contract. Then, in addition to assuming the responsibilities that should be borne, you should also bear the relevant treatment of the defaulting graduates by the school.

Of course, these things are not absolute, the most important thing is that when experiencing a new employer, it is necessary to negotiate with the original employer to terminate the contract, therefore, if we terminate the contract, not only will we face economic losses, but even our personal integrity will suffer serious losses, which is very bad, so in our opinion, if we can not breach the contract, then we try not to breach the contract, because the impact of the breach on us is too great.

To sum up, we can clearly know that when the fresh graduates breach the contract, the consequence is to pay a high amount of compensation, in addition, the school will also sign an agreement with the graduates, and there will also be relevant penalties for the breach of contract of graduates, once the graduates default, it is likely to be punished by the school, or even not to issue a degree certificate.

If you want to do it in this industry in the future, your reputation is definitely not particularly good, and it will be difficult to mix in this industry in the future.

If there is a liquidated damages, you need to compensate the other party for a liquidated damages, but this will affect your credit, will leave a very bad impression on the school, may have an impact on your work, if the circle is relatively small, it will affect your future work.

You have to bear the corresponding consequences, and you also have to pay some liquidated damages, which will also affect your reputation, and such behavior will become your own black history, and it will also affect your future work.

The upper limit of liquidated damages for fresh graduates is 5,000 yuan. The specific regulations are as follows:

1. The tripartite agreement is limited to the contract signed between the fresh graduate and the proposed employer during the job search stage, and the effect is limited to before obtaining the graduation certificate;

2. The purpose of the tripartite agreement is to bind the fresh graduates to work in the proposed employer after graduation, and at the same time require the proposed employer to sign a labor contract with the excitant rent graduates after the graduates graduate, so if the employer signs a formal labor contract with the fresh graduates, the validity of the tripartite agreement will be terminated naturally;

3. The breach of contract clauses that can be agreed in the formal labor contract are limited to the contracts involving confidentiality clauses and the setting of service periods, and liquidated damages shall not be set for the employee under any other circumstances. The breach clause of the tripartite agreement is only for the fresh graduates who have not joined the employer after graduation, and the basis required for the breach clause no longer exists after the formal employment contract is signed, so the breach of contract clause cannot be extended to the formal employment contract.

4. The tripartite agreement is a product of the transition period between the planned economy and the market economy, and there is no precise legal provision for the tripartite agreement.

Legal basis]:

Article 24 of the Interim Provisions on the Employment of Graduates of Ordinary Institutions of Higher Learning.

After the supply and demand meet and two-way selection, the graduates, the employer and the institution of higher learning shall sign a graduate employment agreement as the basis for formulating employment plans and dispatches. Without the consent of the school, the agreement signed by the graduate is invalid.

Article 25.

The activities of meeting supply and demand and taking trillions of trillions should be carried out in an organized, planned and step-by-step manner under the guidance of the state's guidelines and policies for the lead industry, and the time should be arranged on holidays.

The employment contract of fresh graduates can have liquidated damages, but the premise must be that the training services are provided because of the training fees related to the unit system. The main reason is that because of the labor-related laws and regulations of our country, there are very clear statutory requirements and restrictions on liquidated damages stipulated in labor contracts.

1. Can there be liquidated damages in the labor contract of fresh graduates?

The employment contract of fresh graduates can have liquidated damages, but the premise must be that the training services are provided because of the training fees related to the unit system. Article 37 of the Labor Contract Law stipulates that an employee may terminate an employment 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.

According to the above legal provisions, the employer may terminate the employment contract by giving 30 days' written notice.

2. Do I need to compensate for liquidated damages if I resign before the contract expires?

The employee may terminate the 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. Therefore, it is also possible to resign before the contract expires, as long as the employer is notified 30 days in advance, as for the issue of compensation, generally speaking, there is no compensation, and it is possible to bear the liability for breach of contract in the following cases:

1) Where an employer provides special training expenses for a worker and provides him with professional and technical training, it may enter into an agreement with the worker to stipulate the service period;

2) If the employee violates the agreement on the service period, 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, and 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;

3) Where the employer and the worker agree on the service period, it shall not affect the increase in the labor remuneration of the worker during the service period in accordance with the normal wage adjustment mechanism.

The employer and the employee may agree in the employment 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.

In real life, if fresh graduates want to sign a labor contract, they must carefully read the content of the contract, and only then can they sign it if it is correct.

Since the law does not explicitly stipulate the proportion of liquidated damages, some comrades believe that the amount of liquidated damages cannot exceed the statutory liquidated damages, and that if they are exceeded, they will be invalid. In practice, it is common to encounter the problem of excessively high liquidated damages. How to determine the proportion of agreed liquidated damages, let's talk about my views from several aspects.

In the author's opinion, the maximum amount of liquidated damages agreed upon shall be the total amount of the purchase price or remuneration for the breached part. This includes both liquidated damages for non-performance or incomplete performance of the contract, as well as various liquidated damages for delay in performing the contract. Legally, Article 122, Paragraph 2 of the General Principles of the Civil Law stipulates that the parties may stipulate in the contract that if one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party.

The law does not limit the amount of agreed liquidated damages, and allows the parties to use the agreed liquidated damages to make up for the defects of certain statutory liquidated damages that are too low.

Paragraph 1 of Article 585 of the Civil Code provides 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. Article 586.1 The parties may agree that one party shall pay a deposit to the other party as security for the obligatory rights. The deposit contract is concluded when the deposit is actually paid.

Article 588:Where the parties agree on both liquidated damages and deposits, the other party may choose to apply the liquidated damages or deposit clause when the first party breaches the contract. If the gold is not enough to compensate for the loss caused by one party's breach of contract, the other party may claim compensation for losses in excess of the amount of the deposit.

Fresh graduates have signed a two-party agreement, and after the breach of contract, they need to pay liquidated damages in accordance with the provisions of the agreement.

Article 500 of the Civil Code of the People's Republic of China Article 84 If 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 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.