Do I need to pay liquidated damages for graduate school entrance examination or job change during th

First of all, the question you want to know the most, even if you leave the company in default, the employer cannot seize any of your documents, files, etc.

Second, both parties can sign a breach of contract clause and liquidated damages in the employment contract, but the labor law stipulates that during the probationary period, the employee can terminate the employment contract at any time. And you are now in the probationary period, the termination of the labor contract is not considered a breach of contract, since there is no breach of contract, there will be no problem of liquidated damages.

Of course, I agree with you that you are in a vulnerable position, but if the unit really asks you to exchange the file for liquidated damages (I think many units are to have a deterrent effect, and if you really leave, he will give it to you), you can go directly to the boss instead of human resources, and you can report to the labor bureau, which has the responsibility to order the unit to return your file. If it really doesn't work, there will only be arbitration and litigation, and it is estimated that it will not come to this point and be resolved.

Good luck!

There are clear laws and regulations on the conclusion and termination of labor contracts, which clearly stipulate the conditions for the current termination of labor contracts and the way to undertake them. The Labor Law does not stipulate that an employee shall be liable for breach of contract if he unilaterally terminates a labor contract, but only stipulates that an employee shall be liable for any losses caused to the employer by unilaterally terminating the labor contract. Moreover, the Labor Law does not restrict the free movement of workers on the premise of ensuring the stability of labor relations. From the above, the so-called "liquidated damages" entered into by the two parties are in violation of the labor law and should not be paid because they are not a breach of contract.

The reason why the probationary period is called probationary period is that both the employer and the employee can check whether the other party meets their own requirements during this period, and both parties have a relatively free way to terminate the contract. In particular, employees who resign during the probationary period can notify the employer at any time, and generally do not need to bear the liability for breach of contract caused by this.

Therefore, you can arbitrate through the labor arbitration commission, and you can be sure of getting the money back!

It is not used until the contract is concluded.

Let's show the situation to the labor department, and I've already said it upstairs, so I won't say more.

Legal analysis: Employees who resign during the probation period generally do not need to pay liquidated damages, but they need to pay liquidated damages under the following circumstances: 1. If the employee violates the non-compete agreement, he or she shall pay liquidated damages to the employer in accordance with the agreement.

2. If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement; During the probationary period, the employee may terminate the employment contract at any time by notifying the employer, without the consent of the employer.

Legal basis: Article 23 of the Labor Contract Law of the People's Republic of China 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.

Legal analysis: Employees who resign during the probation period generally do not need to pay liquidated damages, but they need to pay liquidated damages under the following circumstances: 1. If the employee violates the service period agreement, he or she shall pay liquidated damages to the employer in accordance with the agreement; 2. If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

Legal basis: Labor Contract Law of the People's Republic of China

Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

The same employer and the same employee can only agree on a probationary period once.

Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

Article 37 of the Labor Contract Law stipulates that an employee may terminate a 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. 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 a period of slippage in the source of services.

According to Article 37 of the Labor Contract Law, an employee may terminate an employment contract by notifying the employer three days in advance during the probationary period. If there is no professional and technical training clause and non-compete clause in the employment contract, you do not need to pay liquidated damages.

In accordance with the provisions of the Labor Contract Law; If 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 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. It is recommended to resolve the matter through negotiation, and if the negotiation fails, you can file a complaint with the labor inspection department or apply for labor arbitration.