Do I have to pay liquidated damages if I leave the company during the contract period?

If an employee illegally terminates the contract during the contract period, he or she must bear the liquidated damages and compensate the company for the losses caused. If the employee terminates the contract in accordance with the law during the contract period, but does not cause losses to the company, there is no liquidated damages as agreed in the contract. In this case, the employee does not need to pay liquidated damages, so if the employee terminates the contract and leaves the company during the contract period.

The liquidated damages are agreed in the contract, and the agreement on liquidated damages is legal and the calculation is based on the evidence. For example, the unit has trained the employee, changed the training fee, and agreed on the working period, but the employee left early without working for the agreed period. In this case, you will be required to pay a penalty for the liquidated damages.

If you leave the company during the employment contract, you generally do not need to pay liquidated damages.

If the employer has signed a service period agreement with the employee, and the employee violates the service period agreement when he or she leaves the company, the employer may require the employee to pay liquidated damages as agreed. 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.

Legal basis: Article 22 of the Labor Contract Law If an employer provides special training expenses for an employee and provides him with professional and technical training, it may enter into an agreement with the employee 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.

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.

Liquidated damages are generally not paid for resignation during the contract period. First of all, the situation where the employee needs to pay liquidated damages is required to change the situation, that is, if the employee voluntarily resigns under the condition that the employer is legally employed, the liquidated damages must be paid in accordance with the provisions of the labor contract. Second, the Labor Contract Law and the Regulations for the Implementation of the Labor Contract are clearly stipulated in the case of the employee's failure to pay liquidated damages, i.e., the employer has committed illegal employment.

Article 577 of the Civil Code.

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

The Labor Contract Law stipulates that an employee may terminate an employment 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. Therefore, it is okay to resign before the contract expires, as long as you notify the employer 30 days in advance, as for the issue of compensation, generally speaking, there is no need to compensate.

Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China 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.

Article 38 of the Labor Contract Law of the People's Republic of China An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor insurance, stool maintenance, or labor 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. Zhongdan.