Regarding the question of liquidated damages, I know a little more, thank you

1) The concept of liquidated damages.

Liquidated damages are a certain amount of money that is agreed in advance by the parties to the contract when one party fails to perform the contract or does not fully perform the contract, and the breaching party pays the other party.

According to the type of contract and the form of breach of contract, the size of the liability for breach of contract should also be appropriate, and the administrative regulations supporting the Contract Law should make clear provisions on this.

Liquidated damages are both compensatory and punitive.

2) There are two types of liquidated damages: statutory and conventional.

Statutory liquidated damages. It refers to the liquidated damages that the parties shall bear as stipulated in the law (refers to the liquidated damages that should be borne by the breaching party after negotiation between the two parties within the scope of the law when entering into the contract).

Agree on liquidated damages. It refers to the agreement between the two parties on the application and specific proportion of liquidated damages (the method of agreement should be reasonably determined with reference to similar provisions of relevant laws and regulations, and can generally be divided into two types: determining a certain amount and a certain range of flexibility).

Whether or not to use the remedy of liquidated damages must be expressly agreed upon by the parties to the contract in advance, otherwise, one of the parties has no right to require the breaching party to pay liquidated damages. At the same time, it is also stipulated that liquidated damages are regarded as compensation for losses in breach of contract and are a compensatory economic sanction. After the breaching party pays the liquidated damages, the other party shall not claim compensation for losses (the compensation shall be evidenced, and the liquidated damages shall not be subject to evidence).

You can resign from the company in the following ways without paying liquidated damages.

Article 31 of the Labor Law The employee shall notify the employer in writing 30 days in advance of the termination of the labor contract.

Article 32 Under any of the following circumstances, a worker may terminate the labor contract at any time by notifying the employer:

1) During the probationary period;

2) The employer uses violence, threats, or illegal restrictions on personal freedom to force labor;

3) The employer fails to pay labor remuneration or provide labor conditions in accordance with the labor contract.

According to Article 98 of the "Power Supply Business Rules", when the consumer fails to pay the electricity fee within the time limit specified by the power supply enterprise, it shall bear the liability for breach of contract for late payment of electricity charges. The penalty for electricity charges shall be calculated from the date of overdue to the date of payment. The liquidated damages for the daily electricity bill shall be calculated according to the following provisions:

1.Residential users are calculated at 1/1000 of the total arrears (excluding liquidated damages) per day;

2.Other Users:

1) The arrears of the current year shall be calculated at 2/1000 of the total arrears (excluding liquidated damages) per day;

2) The amount of arrears across years shall be calculated at 3/1000 of the total arrears (excluding liquidated damages) per day. The total amount of liquidated damages charged for electricity charges will be accumulated on a daily basis, and if the total amount is less than 1 yuan, it will be charged at 1 yuan.

Liquidated damages is a legal term defined as: when a party completely fails to perform or improperly performs a debt, it must pay a certain amount of money or other property other than money to the other party as agreed. Liquidated damages are a form of contract economy and an economic sanction for breach of contract.

If the party who pays the liquidated damages repents, the liquidated damages will not be refunded; The party that received the liquidated damages repented, and the liquidated damages were doubled.

1. Employees have the right to resign in accordance with legal procedures, that is, 30 days' notice is sufficient.

2. Regarding training, there is no need to undertake it if there is no agreement.

3. If the unit sends you to work abroad, it should not be recognized as training.

In detail: the Labor Code clearly stipulates the right to resign. Article 31 of the Labor Law stipulates that "an employee shall notify the employer in writing 30 days in advance of the termination of a labor contract. ”

On the issue of liquidated damages for resignation.

The Labor Contract Law stipulates that an employer shall not agree with an employee that the employee shall bear liquidated damages, except in the following two circumstances:

1.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 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.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. The non-compete personnel are limited to the senior management personnel, senior technical personnel and other personnel who are obliged to maintain confidentiality. The scope, region, and duration of the non-compete restriction shall be agreed upon by the employer and the employee, and the agreement on the non-compete restriction shall not violate the provisions of laws and regulations.

After the dissolution or termination of the labor contract, the non-compete period of the above-mentioned personnel shall not exceed two years.