In this way, college students need to be compensated for breach of contract

Your contract has not yet come into effect, so don't worry about the liability for breach of contract.

Article 46 of the Contract Law The parties may agree on a time limit for the validity of a contract. A contract with an effective period shall take effect at the end of the term. A contract with a termination period shall expire upon the expiration of the term.

You can terminate the contract before it comes into effect, but you must notify the other party in advance.

And you don't have anything in their hands, even if you breach, you can not pay liquidated damages.

In addition, it is obviously unfair to ask for liquidated damages of 10,000 yuan, and even if they sue the court, they will not support them.

It's normal, it's good that I didn't sign an employment agreement with them.

If you are told in advance, and the other party agrees, and you get the degree certificate and graduation certificate on the performance date agreed in the contract, unless the other party breaches the contract first.

I don't think you have to compensate.

First of all, you must be clear about whether your contract has legal effect, if it is a very formal contract, with legal effect, your family has a contract, then people may ask you for compensation. If it is written in black and white, you must fulfill it.

As for the issue of changing 1,000 to 10,000 as you said, if you don't have evidence to prove that what you said is true, then it is very likely that you will pay 10,000 yuan + legal fees = the money you lose.

If you feel that this matter is urgent, it is recommended that you go to a law firm, show them your contract, and ask them for any professional advice!

1. Correctly distinguish between the three periods of agreement period, probationary period and apprenticeship period, which is directly related to the protection of the rights and interests of graduates. Agreement Period: It starts from the signing of the employment agreement between the graduate and the employer and lasts until the signing of the employment contract or the termination of the agreement between the two parties.

During the agreement period, the parties have confirmed their intention to work, but have not established a formal employment relationship. Probationary period: Mainly for the labor contract, the time for graduates to sign the labor contract with the employer should be before the probation, not after the probation is qualified.

In the past, in order to evade responsibility, some units often did not sign labor contracts with graduates during the probationary period. Once the probationary period expires, they will find all kinds of excuses to dismiss. According to the relevant provisions, the probationary period should be consistent with the duration of the employment contract.

The probationary period for graduates is 6 months to 12 months, calculated from the date of registration. 2 The employment agreement will be terminated after the graduate reports to the employer and the employer officially accepts it3 When filling in the name of the employer, it is important to pay attention to whether it is consistent with the name on the valid seal of the employer, if not, the agreement is invalid. When students fill in the name of their major, it should be consistent with the name of the major of the Academic Affairs Office of the school, and cannot be abbreviated.

4 Duration of probationary period and probationary period. Foreign enterprises, joint ventures, and private enterprises generally adopt a probationary period, which can range from 1 month or 3 months depending on the length of the contract period, and the probationary period is usually 3 months and shall not exceed 6 months. State organs, universities, and research institutes generally adopt a probationary period, which is usually one year.

Only one of the probationary and probationary periods is taken and the other is crossed out. 5 Liquidated Damages. It is determined by negotiation between the student and the employer.

In order to "retain" students, many units designate high liquidated damages to restrain students. Students can strive to minimize the liquidated damages in the negotiation, and usually the liquidated damages shall not exceed 5,000 yuan. 6 The current graduate employment agreement is a "standard contract", but the "remarks" section allows the three parties to separately agree on their respective rights and obligations.

Graduates can explain the leave, housing, insurance and other benefits agreed before signing the contract in the remarks column, and in case of disputes, they can present evidence to the court in time to protect their legitimate rights. 7. When entering into an Agreement, the prescribed procedures must be strictly followed. Wait for the employer to fill in and seal it, and then go to the Career Guidance Center to stamp.

As for the breach of contract, it is stated in the agreement that "Party A and Party B must fully perform the agreement, and if one party improperly terminates the agreement or violates the provisions of this agreement, it shall bear the corresponding liability for breach of contract and pay liquidated damages to the other party". 8 The graduate agreement usually notes the employment conditions: double certificate (graduation certificate and degree certificate), vocational qualification certificate and physical health.

Liquidated damages: 3,000 yuan to 5,000 yuan9 Labor contract content: labor contract term; Job description; labor protection and working conditions; remuneration for labor; labor discipline; the conditions for the termination of the labor contract; Liability for breach of employment contract.

In fact, the purpose of the unit to set up liquidated damages is very simple, that is, to retain students, so as to restrain students, after all, the company has invested a lot of manpower and material resources in recruitment, and your unilateral breach of the contract will inevitably affect the company's recruitment plan.

As a college student, I have no financial ability, so I can strive to minimize the liquidated damages when negotiating with the company, and the general agreed amount shall not exceed 5,000 yuan. Some students and I have reported that some units set the penalty at 10,000 yuan, which is obviously unreasonable.

Signing a tripartite agreement process and precautions.

1. When signing the agreement, it is necessary to pay attention to whether the name of the unit and the official seal are consistent, if it is inconsistent, ask the original good positive reason, do not sign the contract rashly, and also write a clear professional name.

2. Regarding the probationary period and probationary period, the general enterprise will have such a process, the probation time is 1-3 months, generally 3 months, but the longest can not exceed 6 months, pay attention when signing the agreement, and reasonably safeguard their rights and interests.

3. In the remarks column of the tripartite agreement, the two parties can agree on their respective rights and obligations, and the insurance and welfare benefits can be explained here.

4. Signing process: the individual fills in the basic information - the unit fills in and seals - the school employment department fills in and seals, and then according to the marks on the page, the student, the unit and the school are kept separately.

To sum up, we must be cautious when signing a contract, carefully select the right unit and then sign a tripartite agreement, once the contract is broken, not only to bear a certain amount of economic losses, but also to go through the breach of contract procedures also takes a certain amount of time, which is also more troublesome.

Just like you said, the three parties are an agreement, and it's really hard to say what will happen if the agreement is breached. According to your situation, to be honest, as long as the middle school does not let go, the 50,000 liquidated damages really cannot be reduced, after all, it is signed by both parties in black and white.

I'm also looking for a job this year, I also encountered a similar situation with you, I signed one first, and then there was a new company to sign, I negotiated with the new company, and the new company said that I should pay a deposit of 5,000 yuan, sign a two-party, and then wait for my new third party to come down, and then return the deposit.

The landlord can also negotiate with the new company, sign a two-party contract, and pay a deposit or something. But what is more troublesome for you is that your old third party is likely to not be able to get it, so there is no new third party, so you have to tell the truth to the new company to see if you can go directly to the company to sign the labor contract without signing the third party. When you graduate, the three parties are useless, and you can completely refuse to sign a labor contract with Nanchong.

In addition, when you graduate, don't transfer your file account to Nanchong, you can transfer it home or store it in the local talent market.

When the landlord communicates, he still has to stabilize the middle school in Nanchong, because for now, it is still possible for you to go to work in Nanchong, so the relationship between the two sides is good, don't get it on both sides in the end, and it will not be good for the chicken to fly and the egg. In addition, there is a side door, there is a classmate in our school who has signed a tripartite, but still wants a new tripartite, so he goes to the school employment center every day to make trouble, and the result is really coming. If the landlord has any questions, you can continue to ask.

Resignation 30 days in advance, without compensation, is clearly stipulated in the labor law.

Khan, brother, you are frightened, the tripartite agreement is just an agreement, there is no legal enforcement requirements, and the validity period will be terminated until you graduate, after graduation you should sign a labor contract with your school, if you are the western support or special steel classroom, then you belong to the part of the support, don't do it, you can resign at any time, you should belong to the latter, the agreed years, etc., brother told you to be ruthless, you directly ask the school for leave, just say a reason for the school to ask for leave, and then you go, can't say not to go to work, just prevarication has something to do, and at this time you can quietly sign a contract with other units, as long as you don't let the school know, he won't fine your salary, but there is absolutely no reason to take you to court, you just need to delay it for a month, and then you apply to the school for resignation, I think you don't apply for them will also take the initiative to fire you The current contracts are all paper, which belong to the unit itself, not made public and reported online, so you are not afraid.

It depends on the situation:

If the university student cancels the contract first and the company demands compensation according to the contract, it will be required.

If the contract does not specify the termination fee, then there is no need to pay it.

If the company terminates the contract, then the college student does not need to pay, and the company needs to pay the college student a termination fee according to the contract.

In the case of unilateral default, the payment of liquidated damages is as follows:

1. According to the situation, the specific answers are as follows:

The amount of liquidated damages to be paid depends on how the parties agree in the contract, and if the two parties do not agree on liquidated damages, they cannot require the other party to pay liquidated damages. In addition, if the agreed liquidated damages are lower than the losses caused by the law, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to appropriately reduce them.

2. In accordance with the law:

Article 114: [Payment of Liquidated Damages] 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 parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to appropriately reduce them.

Liquidated damages are to be paid

The two parties have not formally established a labor relationship, and the employment agreement is equivalent to a civil contract, and one party should pay liquidated damages for breach of contract But the liquidated damages cannot exceed 30 of the losses caused The amount of losses is proved by the unit Therefore, 3,000 yuan may be high

1.According to Article 22 of the Labor Contract Law, the maximum liquidated damages shall be 50,000 yuan, and the maximum liquidated damages required by the employer to be paid by the employee is 30,000 yuan.

2.Labor Contract Law: Article 22 Where a unit with a defective person 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 or she 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 in the labor remuneration of the laborer during the service period in accordance with the normal wage adjustment mechanism.

Tripartite Agreement: The Tripartite Agreement is the abbreviation of the Employment Agreement for Graduates and Graduates of the University of Higher Education, which is a written expression of the rights and obligations of graduates, employers and schools in the employment of graduates, and can solve a series of related issues such as household registration, files, insurance, and provident fund of fresh graduates. Probationary Period:

The probationary period is a probationary period of no more than six months agreed upon by the employer and the employee for mutual understanding and selection after the establishment of the labor relationship. Liquidated damages: If a tripartite agreement is signed and liquidated damages are agreed in the agreement, they must be paid according to the agreement, unless the employer proposes to waive the liquidated damages, or both parties agree to waive the liquidated damages.

In the tripartite agreement, the law does not prohibit the writing of liquidated damages, but does not make liquidated damages a mandatory clause in the contract.

Article 584 of the Civil Code of the People's Republic of China Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in accordance with the agreement, causing 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.