What happened to the teacher s resignation and the school s claim of 420,000?

Xinzhou Normal University sponsored the teacher to study for a doctorate, on the condition that the teacher would work in the school for five years after graduating with a doctorate, but the teacher defaulted and offered to leave after one year of work. The school can only claim 420,000 yuan in compensation

The main reason is that the teacher did not wait for the expiration of the contract to leave the company, and the compensation is liquidated damages, and the two parties have not reached an agreement, and the lawsuit is still being filed.

After receiving a large amount of funds from the school, the teacher wanted to resign from the school and go to a higher place to find a job, and the school agreed to accept the resignation, but demanded that the teacher compensate 420,000 yuan for the training funds.

Xinzhou Normal Institute and Jia Mouqing signed the "Agreement" in 2018, stipulating that Jia Mouqing must serve Xinzhou Normal Institute for five years (from July 1, 2018 to June 30, 2023) before he can submit a transfer request, and on September 25, 2019, Jia Mouqing submitted his resignation to Xinzhou Normal College, and according to the agreement, Xinzhou Normal Institute claimed 420,000 training fees from Jia Mouqing.

A college teacher resigned, but the school refused to release him, otherwise he would have to compensate him for his training fee of 420,000 yuan, and the two sides disputed.

Legal Analysis: Generally Yes. In the employment contract of teachers, almost without exception, there is a liquidated damages clause, and it is the teacher who breaches the contract to pay liquidated damages to the school, and it is very rare for the school to pay liquidated damages to the teacher in breach of contract, and many teachers have to accept this kind of employment contract with unequal rights and obligations because they need to work.

If the teacher unilaterally terminates the employment contract, the liquidated damages shall be calculated and paid according to the failure to perform the service period specified in the contract. Generally, it is calculated by compensating the school with 10,000 yuan or more for failing to perform the time limit for 1 year, and if it is less than 1 year, it will be calculated as 1 year. In addition, there are also some employment contracts that stipulate that if teachers do not abide by the work discipline of the unit, or do not meet the standards in the year-end comprehensive evaluation of various tasks or belong to the backward class, they must pay liquidated damages of varying amounts to the school.

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 its performance of contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:Where one of the parties clearly states or shows by its own conduct that it does 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 party fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary obligations, the other party may request payment from the other party.

Article 584:Where one party fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, causing losses to the other party, 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; 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.

Sue the school, and the school will not be held responsible.

If you go through the legal process, you can go to the local judicial bureau to apply for legal aid, and there is a free lawyer to help you with the lawsuit.

If you don't want to file a lawsuit, you can also go to the judicial bureau to find the people for mediation and coordinate with the school.

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

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has 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. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Article 37 A worker 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 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Recently, a news item attracted the attention of netizens, a college teacher and the school proposed to resign, but the school refused, and then the school asked the teacher to compensate him 420,000 yuan. Some netizens asked whether such compensation is reasonable? First of all, the teacher has received a lot of resources through the school, and the school has also paid a lot of money and human property to train the teacher, so it is right for the teacher to compensate the school if he wants to leave the job after success.

As for the amount of compensation, it is necessary for both the teacher and the school to reach a negotiation.

First of all, what kind of financial support can a university teacher get? First of all, the school not only trained this college teacher, but also provided the teacher with a lot of network resources. None of these resources can be measured in monetary terms.

The reason why schools spend a lot of money on training teachers in the school is that they hope that teachers will be able to make a little contribution to the school after they are successful. But after using up the school's resources, the teacher chose to leave his job and go to a better platform.

This can be said to be more selfish and contrary to the contract. Since the agreement reached between the two parties has been violated, it is more reasonable to make compensation. As for whether the compensation of 420,000 yuan is reasonable, it is necessary for the teacher and the school to reach an agreement.

It is more correct for both parties to negotiate the final compensation amount. It's not just one party who has to pay so much if he asks for it. To be honest, schools really spend a lot of money and connections on training teachers.

After receiving so much painstaking training from the school, teachers should make a little contribution to the school, and should not immediately go to other better platforms after receiving the school's training. This kind of behavior is really more selfish, only for himself, thinking about the future but not thinking about the school. In this case, future employers will also distrust you.

It will also have an impact on your future work. It is hoped that not only the enterprise should have integrity to the staff, but also the staff also need to have a certain degree of integrity and dedication to their own units.

Irrationality. Because teachers belong to public institutions, they should act in accordance with the labor contract when they are hired.

Unreasonable, the departing teacher should not be compensated, this school's practice is unfair to the teacher, and should not be compensated so much.

Irrationality. No matter what industry you are engaged in, you should have a corresponding labor contract, you must look at the content of the contract before employment, and if necessary, you can choose to use the law to protect your rights and interests.

Because the teacher resigned before his contract expired, it is reasonable for the school to ask for compensation, but the question is whether the 420,000 yuan is too high is still to be discussed.