After being admitted to graduate school, I want to terminate the contract with the company and pay l

The argument that there can be no liquidated damages violates Article 25 of the Labor Contract Law. Unless the company provides you with professional and technical training, establishes a service period or bears a confidentiality obligation, liquidated damages can be agreed. The rest are against the law.

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.

If the employer and the employee agree on the service period, it will not affect the increase of the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism.

Article 23 The employer and the employee may agree in the labor 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.

Article 25 Except for the circumstances 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.

Legal analysis: Liquidated damages cannot be stipulated in the signing of personnel labor contracts. Therefore, there is no need to pay liquidated damages. It is sufficient to notify the employer in writing 30 days before terminating the employment contract.

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 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 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.

In today's highly competitive society, graduates have learned the employment concept of "riding a donkey to find a horse", which makes the performance of the workplace labor contract problematic. After graduating from university, Xu applied to a private school to become a teacher and worked for more than a year. Xu's teaching achievements have been recognized by parents and school leaders.

Xu came up with the idea of going to graduate school, so he used his spare time to read books and prepare for exams. As a result, she was admitted to graduate school in another province.

So, Xu told the school leaders the truth and quit his graduate studies. School leaders said it was a violation of the agreement to resign after signing the labor contract for three years. Moreover, Xu also needs to find someone to hand over the teaching work, and Xu needs to pay a certain amount of liquidated damages, and he can resign after a month.

Xu felt that it was acceptable to leave within a month of the handover, but asked her to pay liquidated damages. She felt that she had not caused any damage to the unit. Are the school's requirements in line with the law?

The lawyer declares that according to Articles 22, 23 and 25 of the "Labor Contract Law" in China, if there is no agreement between the employer and the employee on the special training fee or confidentiality clause, the liquidated damages clause cannot be agreed. These two special circumstances do not exist between Xu and the school.

In addition, Xu has agreed to extend the termination time by one month, so the employer cannot require Xu to pay liquidated damages.

Article 22 of the Labor Law of the People's Republic of China stipulates that "if an employer provides special training fees for its employees and provides them with professional and technical training, it may enter into an agreement with the employee to stipulate the term 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 fee allocated for the unfinished part of the service period. If the employer and the employee agree on the service period, the normal wage adjustment mechanism shall not affect the increase of the employee's labor remuneration during the service period.

Article 23 stipulates that "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 agree with the employee on the non-compete clause in the employment contract or confidentiality agreement, and agree to pay the employee monthly economic compensation during the non-compete period after the termination or termination of the employment contract.

If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement. "Article 25 stipulates that, except for the circumstances provided for in Articles 22 and 23 of this Law, the employer shall not agree with the employee that the employee shall bear liquidated damages.

If you are admitted to a graduate school during the contract period, you generally need to bear liquidated damages if you leave your job halfway, but you generally need to pay any liquidated damages if you leave your job three months in advance.

For those who are admitted to graduate school during the contract period, if they leave the company in the middle of the contract, they need to bear liquidated damages. Because you have a formal contract with the company. Be sure to do what the contract says.

It may be that you need to bear such liquidated damages, because the problem is more serious, and you have also signed a contract, that is, you have to give the other party some liquidated damages.

It depends on your position in the company, if it is an important position, resignation will bring losses to the company, and you must bear liquidated damages, if it is a position with a low sense of existence, and it is a small company, it generally will not need to be undertaken, depending on the company's regulations and processing.

It is necessary to bear liquidated damages, because the parties have signed a contract with the company, and the contract has a certain legal effect at this time, and the contract also clearly stipulates the time of leaving the company, and the corresponding liquidated damages must be borne when leaving the company.

China's labor law stipulates that the signing of personnel labor contracts cannot stipulate liquidated damages! So you don't need to pay liquidated damages. It is only necessary to notify the employer in writing 30 days in advance before terminating the employment contract.

If there is no clear provision for liquidated damages in the contract, then you do not need to bear the liquidated damages, and you can just leave according to the normal resignation procedures.

Of course, you need to, because you have already signed the contract, and you have violated the contract regulations, of course, you have to pay liquidated damages.

If you leave your job in the middle of the job, you will need to bear liquidated damages, because you have already signed the contract, so you will be asked to bear some compensation.

It is necessary to pay a certain amount of liquidated damages because the contract has legal effect, no matter what the reason is.

The tripartite agreement is only an employment intention signed between the graduate, the employer and the school, and is not a legal document of the labor relationship, and is not binding on the labor relationship.

Only after the graduates report to the employer, sign a labor contract with the employer or form a de facto labor relationship, and the intention becomes a reality, can the graduates form a formal labor relationship with the employer.

The principle of signing the tripartite agreement.

1. The principle of legitimacy of the subject: know and know.

The parties to the employment agreement must have the legal qualifications of Hongbi.

For graduates, it is necessary to obtain graduation qualifications, and if the students do not obtain graduation qualifications at the time of dispatch, the employer can refuse to accept them without bearing legal liability.

As far as the employer is concerned, the employer must have the ability to engage in various business or management activities, and the employer should have the plan and autonomy to hire graduates, otherwise the graduates can terminate the agreement without being liable for breach of contract.

2. Principle of equal consultation:

The parties to an employment agreement have equal legal status at the time of entering into the employment agreement, and one party may not impose his or her will on the other.

Schools are also not allowed to use administrative means to require graduates to work in designated units (excluding graduates with special circumstances), and employers should not require graduates to pay excessively high amounts of risk funds and security deposits when signing employment agreements.

The rights and obligations of both parties should be identical. In addition to the content of the agreement, if there are other agreed matters between the two parties, they can be in the agreement"Remarks"The content is supplemented and determined.

If the employee does not participate in the special training organized by the company and does not sign a non-compete agreement with the company, then as long as he applies for resignation 30 days in advance and goes through the resignation procedures according to the company's regulations, he does not need to pay liquidated damages.

Summary. Kiss will be happy to answer your <>

Hello, according to the provisions of the Contract Law of the People's Republic of China, the contract voluntarily concluded by both parties shall follow the principles of good faith, equality and voluntariness, and consensus, and perform the obligations agreed in the contract. If a graduate student terminates the contract after signing a contract with the company, he or she needs to pay liquidated damages to the company, but even if he or she pays the liquidated damages, he or she cannot terminate the contract at will, and the termination procedure must be carried out in accordance with the contract or relevant laws.

Can a graduate student terminate the contract at any time after signing a contract with the company?

Kiss will be happy to answer your <>

Hello, according to the provisions of the Contract Law of the People's Republic of China, the contract voluntarily concluded by both parties shall follow the principles of good faith, equality and voluntariness, and consensus, and perform the obligations agreed in the contract. If the graduate student terminates the contract after signing the contract with the company, he or she needs to pay liquidated damages to the company, but even if the liquidated damages are paid, the contract cannot be terminated at will, and the termination procedure needs to be changed according to the contract or relevant laws.

In addition, according to the provisions of the Contract Law of the People's Republic of China, the termination of the labor contract by both parties shall be agreed upon through consultation, except for one of the following circumstances in which the dismantling occurs: 1. During the probationary period, one of the two parties proposes to terminate the labor contract; 2. Unable to perform the labor contract due to force majeure; 3. The employer dismisses him in accordance with law; 4. Enterprises are laying off employees for economic reasons. Therefore, if the graduate student signs an employment contract, it is necessary to go through the termination procedure in accordance with the above provisions.

At the same time, it is also necessary to pay attention to the company's specific provisions on the termination of breach of contract in the contract, such as negotiation between the two parties, civil litigation, etc. It is recommended to fully understand the relevant agreements and laws and regulations of the company before terminating to avoid disputes. <>

Summary. Pro-<>

We are glad to answer for you: there is no need to pay liquidated damages, but the parties have not agreed on an obligation, but only concealed from the company, they should not bear the liability for breach of contract, and they do not need to pay liquidated damages. In accordance with the provisions of Article 96 of the Contract Law:

If the parties agree to have obligations but fail to perform them, they shall bear the liability for breach of contract. It can be seen from this provision that if the parties agree to have obligations and fail to perform them, they shall bear the liability for breach of contract, and the liability for breach of contract is to pay liquidated damages.

If you are admitted to graduate school, you will need to pay liquidated damages without knowing from the company.

<> is happy to answer for you: there is no need to pay liquidated damages, but the parties have not agreed to have obligations, but only concealed from the company, they should not bear the liability for breach of contract, and there is no need to pay the sale fee for breach of contract. In accordance with the provisions of Article 96 of the Contract Law:

If the parties agree to have obligations but fail to perform them, they shall bear the liability for breach of contract. It can be seen from this provision that if the parties agree to have obligations and fail to perform them, they shall bear the liability for breach of contract, and the liability for breach of contract is to pay liquidated damages.

In addition, Article 96 of the Contract Law also stipulates that if the parties fail to agree on their obligations and only conceal the company's discovery, they shall not be liable for breach of contract.

According to this provision, if the parties do not agree on the obligation, but only conceal the company's discovery, they should not bear the liability for breach of contract, so there is no need to pay liquidated damages. <>

I had an interview at the beginning of February, concealing my postgraduate entrance examination, and then I found out that I was admitted to the company, and the company's leaders also knew that I had just joined the company for less than 1 month and was still in the probationary period, and I also signed a confidentiality agreement. I would like to know if I need to pay liquidated damages at the end of my 3-month probationary period?

If I leave my job in August after becoming a regular, do I need to pay liquidated damages?

Okay pro. Generally speaking, if you leave your job during the probationary period, you do not need to pay liquidated damages, because the probationary period is a probationary period between the enterprise and the employee, and both parties can choose to terminate the employment relationship during the probationary period without bearing any liability for breach of contract. However, if you leave your job in August after becoming a regular employee, you will generally have to pay liquidated damages, because after the regularization, the two parties will become a formal labor relationship, and both parties are required to terminate the labor relationship within the time specified in the labor law, otherwise they will need to pay liquidated damages.

Therefore, if you want to determine whether you need to pay liquidated damages, you also need to specifically inquire about the relevant provisions of the labor law and the labor contract signed with the enterprise in order to determine the rights and obligations of both parties. <>