Am I guilty of breaking a contract, and the difference between a breach of contract and a breach of

Whether it is considered a breach of contract depends on the specific provisions of the contract, although there should usually be a corresponding probationary period, for example, the labor law stipulates that a probationary period of no longer than one month is required to sign a one-year work agreement; A three-month probationary period corresponds to a three-year period. But in fact, at present, it is generally a one-year visa, and a three-month probationary period is required. But during these three months, your departure should not be considered a breach of contract.

However, many employers require you to sign another "agreement" in addition to the provisions of the labor law, and if a labor dispute does occur, it is likely that this thing will be effective. Even without this, if your file is already in the unit, there is a high chance that you will be detained if you leave, and even if you want to come back through various channels, I am afraid that it will be delayed for quite a long time. Another question is, is the unit indicated on your dispatch card when you graduate the same unit that now holds your file?

If this is the case, you will have to pay a certain amount of default fees according to the agreement with the school. If there is no commitment of any kind other than that you have already handed over their files, I personally suggest that you make up a reason to get your own files out. When I first graduated, I also thought that this might be mysterious, and after fighting with the labor dispute in the unit for a long time, I finally became an expert, and found that in fact, this matter in China depends on who starts quickly, so I can do it myself.

Signing an employment contract is a very serious matter, and it is generally necessary to think about it carefully. If you leave after working for a few days after signing the contract, it is a breach of contract and you should be liable for breach of contract.

Of course, if you sign a contract and leave, you will break the contract, and generally the unit has a 3-month probationary period, so it doesn't matter if you leave during this period.

Absolutely! If the unit signed a contract with you and said that it didn't want you two days later, how would you feel?

According to the labor law, if the contract stipulates a probationary period, you can leave at any time during this period, but it is best to complete the formalities with the unit before leaving, so as not to cause unnecessary losses to the unit and bring trouble to yourself.

It's a breach of contract, your file is in his place, and if you want to detain it easily.

Legal analysis: The differences between breach of contract and breach of contract are as follows: 1. The concept is different.

A breach of contract is a breach of contractual obligations by a party to a contract. Whereas, repudiation means to tear up mutually agreed agreements, treaties, contracts, etc.; 2. The scope is not the same. 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.

Breach of contract is not only defined in the form of text, but also in oral expression. To break the contract is to fail to comply with all the terms of the original contract. Breach of contract is a legal term.

Basis: Article 578 of the Civil Code of the People's Republic of China [Liability for Expected Breach of Contract] If one of the parties expressly states or shows by its own behavior that it will not perform its contractual obligations, the other party may request it to bear liability for breach of contract before the expiration of the performance period.

Legal analysis: After the contract is concluded and takes effect, the parties cannot unilaterally break the contract. In law, the breach of contract is expressed as a breach of contract, which refers to the breach of contract by the parties to the contract, non-performance or incomplete performance of their obligations.

In response to this situation, China's laws provide for corresponding civil liability. Specifically, it is divided into: 1. Continue to perform; 2. Take remedial measures; 3. Compensation for losses; 4. Pay liquidated damages; 5. Bear the responsibility for deposit penalties.

Therefore, the parties should exercise their rights and perform their obligations in accordance with the agreement or contract reached by both parties, which is what a qualified market entity should do. In other words, unless there are statutory circumstances, the parties cannot unilaterally breach the contract.

In the process of conclusion and performance of the contract, both parties shall follow the principles of good faith and full performance. The parties shall fully perform the agreed contractual obligations in accordance with the prior agreement, and at the same time respect the interests of the other party. This is a prerequisite for equal civil activities, and it is also a condition for maintaining the order of market transactions.

Legal basis: Civil Code of the People's Republic of China

Article 502:A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses.

If a party who should have gone through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear the responsibility for violating the obligation. Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.

Article 509:The parties shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract. In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.

Legal Analysis: If a relative unilaterally breaks the contract and creates a compensation for the loss of the other party, it shall be compensated according to the actual loss, including reasonable expected gains. If no loss is caused and it is agreed in the contract to bear the loss for breach of contract, the compensation for liquidated damages shall be borne according to the agreed amount or the minimum amount of the bid, but generally not more than 20% of the total amount of the bid.

Legal basis: Article 577 of the Civil Code of the People's Republic of China: Where 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.

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 one party breaches the contract. If the deposit is insufficient to compensate for the losses caused by one party's breach of contract, the other party may claim compensation for losses in excess of the amount of the deposit.

Legal analysis: the non-breaching party may require the breaching party to bear the liability for breach of contract in accordance with the terms of the contract on liability for breach of contract, if the parties have agreed on liquidated damages, they can require the other party to pay liquidated damages, and if there is no agreement, they can require the other party to compensate you for your losses, and 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.

Legal basis: Article 585 of the Civil Code 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 of contract.

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.