Is this a breach of contract? Do you need to lose money?

You can follow the normal resignation procedure, and the company will not ask for liquidated damages. I have also encountered a similar situation, I signed a year, worked for 10 months and then resigned, at that time the contract also stipulated liquidated damages, and finally left when I didn't ask for it. If he doesn't agree with your resignation, you can just give him a drain, commute to and from work on time every day, and don't work hard.

In addition, the contract may have no basis for liquidated damages of 50,000 yuan, and it is not legally valid.

You must seize the evidence of the breach of contract before you can request the termination of the contract. Otherwise, you will be liable for breach of contract.

If there is no other agreement in the contract, you are in breach of contract and do not have to pay the training fee. Breach of contract includes non-performance and improper performance.

You have signed a labor contract with this company, clarifying the labor relationship, you should all faithfully perform the terms of the contract, and any party who unilaterally breaches the contract must bear the liability for breach of contract agreed in the contract. You have only been working for one year now, and the three years agreed in the contract have not expired, and it is a breach of contract for you to leave the company now. However, the liquidated damages cannot exceed 20% of the subject amount of the contract, and the excess part is invalid, and the contract stipulates that the liquidated damages of 50,000 yuan have no legal basis.

If you really don't have any training, and the company can't provide evidence that it has trained you, then you don't have to pay for the training.

1.It was a breach of contract, but the liquidated damages were too high and the court did not support it.

2.No penalty for no training.

First of all, you leave the company and you are in breach of contract.

Again, you sign the contract, and the company can say that it trained you, after all, you have been there for a year.

Finally, you have to read the contract clearly before signing, eat a trench and grow wise, and don't fall into the trap in the future.

If you can barely continue to work, just endure it for two years. If you have the financial strength, it is also a good choice to pay liquidated damages.

It is advisable to look up the Labor Contract Law.

The liquidated damages clause is invalid; If there is no substantive training and the unit cannot provide corresponding evidence, the training fee cannot be supported. Since you are advocating for a change in the contract and cannot reach an agreement, there will be no compensation if you leave the company.

It's good to let the company fire you! Then there is no penalty for liquidation.

In fact, it is a breach of contract, and a fine of 50,000 yuan is required, except for the company's bankruptcy, otherwise it is a breach of contract.

As long as you sign it, it will take effect, of course, the company can say that he has trained you, for example, the usual work may be regarded as training, and since you didn't understand this contract, then you are only to blame for your bad luck.

1.If you are unable to compensate, you will be included in the list of dishonest persons by the court in this case, and once you are included in the list of dishonest persons by Yanheng, you will be restricted from high consumption.

2.If you have the ability but refuse to make compensation, you may be suspected of the crime of refusing to carry out the judgment or ruling, and you will be sentenced to prison.

1. What should I do if my credit card is sued?

Credit card sue is handled by:

1. If the bank sues the court and wins the lawsuit, the cardholder fails to perform the court judgment within the performance period, the bank can apply to the court for compulsory enforcement;

2. When the court accepts the compulsory enforcement, it will inquire about the real estate, vehicles, ** and deposits under the name in accordance with the law;

3. If the cardholder has no property that can be enforced in his name and cannot perform the court judgment, he will be included in the list of dishonest judgment debtors, which will lead to the cardholder being restricted from high consumption and entry and exit, and may even be subject to judicial detention;

4. If you have the ability to repay the arrears but refuse to do so, you are suspected of refusing to enforce the judgment or ruling;

5. If the court's judgment or ruling is capable of being enforced but refuses to do so, if the mistress's conviction is serious, he will be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine.

2. Won't you still be arrested for online loans?

Generally, not. Owing online loans is a civil dispute and does not involve a criminal dispute. If you are indeed unable to repay, you will not be arrested and will not go to jail.

However, if you have the ability but refuse to repay the money, and the other party sues the court, you may go to jail on suspicion of refusing to carry out the judgment or ruling. However, if you are unable to repay, you will be recorded on the list of dishonest persons, and if you are included in the list of dishonest persons, it will affect your life and bring a lot of inconvenience to yourself.

3. What should I do if the other party sues and does not repay the money?

If the parties do not have the ability to repay, they may negotiate with the bank to postpone or repay the loan in installments. If the party fails to comply with the court judgment after the bank wins the lawsuit, the bank may apply to the court for enforcement. When the court accepts the compulsory enforcement, it will inquire about the real estate, vehicles, ** and deposits in the name of the parties in accordance with the law.

If the party has no property in his name that can be enforced and refuses to perform the effective judgment of the court, he will be included in the list of dishonest persons and will be restricted from spending and entering and exiting the country.

Civil Code of the People's Republic of China

Article 583:Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, and the other party has other losses after performing the obligations or taking remedial measures, it shall compensate for the losses.

Article 585:The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.

If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

Legal Analysis: If the defaulting party fails to pay the liquidated damages, the non-breaching party may file a lawsuit with the people's court, and the time for calculating the liquidated damages can be determined until the date when the judgment takes effect.

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 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 expressly states or shows by its own conduct that it will 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 of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.

Article 584:Where one of the parties fails to perform its contractual obligations or fails to comply with the agreement, and causes losses to the other party, the amount of compensation for the 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.

In the event of a breach of contract, the compensation is in accordance with the agreed liquidated damages, and if there is no liquidated damages, the statutory performance shall be followed. The amount of statutory compensation for performance is equivalent to the amount of actual loss, but shall not exceed the loss that the breaching party foresaw or should have foreseen at the time of the conclusion of the contract.

OneIf you breach the contract, how to compensate?

If you breach the contract, you will be compensated according to the following standards:

1.According to whether the parties have agreed on liquidated damages, they are divided into agreed compensation and statutory compensation, and the agreed compensation includes two situations: the parties have agreed on the terms of compensation in the contract, and the other is that the contract has not agreed but the compensation agreement is reached after the contract is concluded.

2.Agreed compensation refers to the method of calculating the amount of compensation arising from one party's breach of contract or paying a certain amount of money to the other party when the parties to the contract are concluded. Since the scope of the loss is difficult to determine at the time of the conclusion of the contract, the parties can only agree on the calculation method of compensation in the contract, and it is not appropriate to agree on a fixed amount of compensation.

Compensation can be determined in monetary or non-monetary terms.

3.Statutory compensation refers to the calculation of the amount of compensation in accordance with the method prescribed by law when one of the parties breaches the contract and causes losses to the other party. The law mentioned here includes not only the contract law, but also other laws and regulations related to the balance of liquidated damages.

The statutory compensation method is generally used when the parties have not agreed on compensation or liquidated damages in advance.

IIWhat to do if the contract is breached

The handling of breach of contract is as follows:

1.continued performance;

2.take remedial action;

3.Compensation for damages. The party in breach of contract shall compensate the injured party for the corresponding liability for breach of contract in accordance with law;

4.Deposit liability. The injured party may request the return of double the deposit in accordance with the law;

5.Liability for liquidated damages. The breaching party must compensate for the corresponding liquidated damages.

To sum up the above, if the other party suffers losses due to the breach of the contract, then the injured party has the right to terminate the contract, but at the same time, it needs to explain its own reasons for terminating the contract.

IIIHow to calculate the amount of liquidated damages

Please be reminded that the amount of liquidated damages is calculated in such a way that if the liquidated damages agreed in the contract are lower than the actual losses incurred, the non-breaching party may request the court or arbitration institution to increase the liquidated damages; If the agreed liquidated damages are excessively higher than the actual losses, the defaulting party may request the court or arbitration institution to reduce the liquidated damages. If the contract does not stipulate a clause on liability for breach of contract, liquidated damages may be claimed according to the losses caused. The amount of damages shall be equal to the losses caused by the breach.