What should I do if I sign an employment agreement with my employer but break it? 10

Updated on society 2024-05-13
8 answers
  1. Anonymous users2024-02-10

    Don't worry, submit a resignation application to the human resources department of your current employer in advance and explain the reason. Generally understandable.

    The flow of people is very normal in the enterprise, and people come and go every day. As long as you get the handover of the work at hand clearly. Speak your mind from the bottom of your heart.

    Everyone is actually kind and will not embarrass you. Unless you're doing something very wrong. Others will let you punish you for your irresponsible behavior.

    Honest.

  2. Anonymous users2024-02-09

    I know your state very well, and I want to say to you that if you break the contract, you will definitely have to pay the price, and you will even be asked by the employer for breaking the contract, and if you don't give it, you may go to court, of course, this is the most serious consequence. If you really want to go to the employer of your choice, find a reliable excuse to talk to the employer you have signed with, and it is best to ask the teachers of the employment department to help. But maybe not.

    I advise you not to be half-hearted and end up with nothing. It's hard to find a job now, and many people don't have a job. When you find a job, you first go to the unit you signed up to work hard, and then come out when the contract is full, you will have experience, and then go to the company you want to go to is absolutely fine.

  3. Anonymous users2024-02-08

    will be held accountable, and liability ......In principle, the amount of compensation shall not exceed ...... of your salary income for one month

  4. Anonymous users2024-02-07

    You can resign from the HR department of your unit in advance, and then issue a valid certificate to your school, and then get a new employment agreement (** is sold) and sign it with the new unit.

  5. Anonymous users2024-02-06

    The employment agreement is a written agreement reached by both parties before the formal establishment of the employment relationship between college graduates and the employer. In order to help you better understand the relevant legal knowledge, we have compiled the relevant content, let's take a look at it together.

    1. What should I do if I sign an employment agreement and don't want to go?

    1) If your labor relationship has not yet been established and you can not go, it shall be based on Article 10, Paragraph 3 of the Labor Contract Law: If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

    2) Even if you go to work for one day, if you have not been trained and paid for the training, you do not have to bear any compensation and liquidated damages.

    3) Even if you go to work for one day, you only need to notify the employer 3 days in advance of the probationary period. According to Article 37 of the Labor Contract Law, an 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.

    Penalty will be charged in the following cases:

    1) The unit has arranged special training and signed a training agreement. Article 22: Where an employer provides a worker with special training expenses and professional and technical training, it may enter into an agreement with the worker to stipulate the service period.

    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.

    2) Causing damage to the company during the tenure. Article 90: If a worker terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.

    In other cases, if the company resigns because of the employee's resignation, it is illegal to deduct wages, and if the individual has the energy and the amount of wages deducted is large, he can go to the local human resources and social security department to apply for arbitration and let the company pay.

    2. Is it still considered a fresh graduate after signing a labor contract?

    If a labor contract is not signed in the year of graduation, it is not counted as a fresh graduate, and if it is a fresh graduate in the year of graduation, and labor relations have 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.

    3. Do I have to pay liquidated damages after signing an employment agreement?

    You do not need to pay liquidated damages, because the agreement stipulates liquidated damages violates the mandatory provisions of the Labor Contract Law, and the provisions of this clause are invalid.

    The above is for you to introduce in detail what to do if you sign an employment agreement, if you sign an employment agreement and do not want to go, there is no problem with the unit, generally do not need to pay liquidated damages, if you have other legal questions, welcome to consult, we will have a professional lawyer to answer your doubts.

  6. Anonymous users2024-02-05

    When the employment agreement is terminated, the employer deliberately drags on how to deal with it.

    Hello, after the termination of the employment agreement, if the employer drags on and does not give the termination letter, it is a labor dispute, and if the negotiation fails, it can apply for labor arbitration. Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China: (1) disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes and suspicions arising from labor compensation, medical expenses for work-related injuries, economic compensation or compensation, and so forth; (6) Other labor disputes as provided for by laws and regulations. or volts.

  7. Anonymous users2024-02-04

    After the employment agreement is signed, if the student or the employer breaches the contract, the responsible party shall bear the liability for breach of contract in accordance with the provisions of the employment agreement. After the procedures for termination or breach of contract are completed, the student can choose a new job. After reaching an employment intention with the new employer, the student should go to the Career Guidance Office of the University to collect the employment agreement with the acceptance letter of the new employer and the complete materials of the termination agreement or breach of contract with the original employer, and then sign the employment agreement again according to the procedures, and the school will apply for a change in the employment plan to the Municipal University Career Guidance Center.

    The employment agreement signed by fraud or other illegal means is invalid, and the responsible party shall bear the corresponding legal responsibility. After the employment agreement is signed, the dispute 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 file a lawsuit with the people's court.

  8. Anonymous users2024-02-03

    1. Employment Agreement:

    The employment agreement, the full name of which is the "National Employment Agreement for Graduates of Ordinary Colleges and Universities", is a written agreement reached between graduates of ordinary colleges and universities and employers before formally establishing the labor and personnel relationship, through two-way selection, establishing the employment relationship within the specified time limit, and clarifying the rights and obligations of both parties. An important basis for the preparation of employment plans and the employment and settlement procedures for graduates.

    Second, the principle of signing the agreement:

    1. The principle of subject legitimacy:

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

    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 money or 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 supplemented and determined in the remarks of the agreement.

    3. Handling of breach of employment agreement:

    A tripartite employment agreement has been signed, and all parties shall strictly perform the agreement, and any party shall bear the liability for breach of contract if it violates the agreement. Therefore, if you want to breach the contract, you must bear the corresponding liability for breach of contract. The specific steps are:

    Step 1: Go to the unit where the original agreement was signed to apply for a written consent of the termination letter (stamped with the official seal of the unit).

    Step 2: Submit a written application to the graduate employment department of the school (stating the reason for termination), and attach the termination letter approved by the unit and the superior personnel department, and submit it to the Enrollment and Employment Office.

    Step 3: The employment department of the school's graduates shall approve the renewal of the new "Employment Agreement" in accordance with the relevant regulations.

    In practice, it is possible to negotiate with the employer, and if an understanding can be obtained, the contract can be terminated by mutual agreement between the two parties, and the liability for breach of contract can be exempted. The procedure is the same as above.

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