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I can tell you for sure: if you don't want to go to work after the selection test, you don't need to pay liquidated damages.
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If you are admitted to the civil service, if you don't have a reason to work, you can definitely tell you that you don't need to pay liquidated damages.
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1.Definition of selection and transfer of students: The organization department selects and transfers fresh graduates with excellent character and learning from colleges and universities to work at the grassroots level in a planned manner, and focuses on training them as reserve candidates for party and government leading cadres and high-quality staff candidates for party and government organs at or above the county level.
2.Selected and transferred students and civil servants: Selected students and national civil servants recruited by various units are national civil servants.
The main differences are: First, the registration conditions are different. In addition to meeting the registration conditions of national civil servants, the registration conditions for selected and transferred students are also required to be student cadres, outstanding graduates with a bachelor's degree or above who are interested in party and government work and obey the organizational arrangement; Second, the training goals are different.
The training direction of selected and transferred students is mainly reserve candidates for party and government leading cadres and high-quality staff candidates for party and government organs at or above the county level. Third, the selection procedures are different. The selection of selected students includes qualification examination, written examination, interview, physical examination, inspection and assessment and other procedures.
Fourth, the measures of training and management are different. After the selected and transferred students are sent to work at the grassroots level, the organization department will carry out key follow-up training through effective measures such as holding training courses, transferring them to higher-level party and government organs to follow up and study, and encouraging them to participate in open selection and competition for posts, so as to help the selected and transferred students stand out.
3.You signed a contract with a township institution in Gulin County, Sichuan, for 5 years, with a penalty of 5,000, which belongs to the recruitment of public institutions. Civil servants and selected students are not required to pay liquidated damages.
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According to Article 25 of the Labor Contract Law, the employer shall not agree with the employee that the employee shall bear the penalty for breach of contract except for the circumstances specified in Articles 22 and 23 of this Law. Article 22 is the cost of professional and technical training; The first 23 articles of the judgment are the contents of the commercial secrets and non-competition, so the liquidated damages conditions set by the company are illegal, so they are invalid from beginning to end.
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The signing of the contract is a voluntary agreement between the two parties, and once signed, both parties have the obligation to perform the contract. If the student needs to breach the contract, he or she should negotiate with the employer in advance and minimize the losses and impacts caused by the default. If the breach of contract causes economic losses to the employer, the transferee may be required to bear the corresponding liquidated damages or compensation liabilities for breach of contract.
If there is a breach of contract after signing the contract, the selected student may face the following consequences:
1. Administrative punishment: The breach of contract is a violation of work discipline and may be subject to administrative penalties, such as warnings, demerits, major demerits, etc.;
2. Economic compensation: The breach of contract may cause losses to the unit, and the selected students need to bear the responsibility for economic compensation, such as liquidated damages;
3. Handling personnel relations: According to relevant regulations, the breach of contract may be regarded as automatically giving up the qualification of the selected student, and the personnel relationship needs to be cancelled, resulting in job transfer or unemployment;
4. Affect personal credit: Signing defaults will be recorded in personal credit files, which may affect personal credit records and adversely affect job search and development.
To sum up, signing a contract is a serious matter, and the contract agreement must be strictly adhered to after signing, otherwise you will face irreversible consequences. Selected students shall conscientiously perform their contractual obligations, complete their work tasks conscientiously, establish a good professional image, and lay a solid foundation for their career development and personal credit.
Legal basis]:
Article 23 of the Civil Servants Law of the People's Republic of China.
Civil servants below the level of first-class directors and other equivalent ranks shall be recruited by means of public examinations, strict examinations, equal competition, and merit-based admission.
When ethnic autonomous areas employ civil servants in accordance with the provisions of the preceding paragraph, they shall give appropriate consideration to applicants from ethnic minorities in accordance with the law and relevant provisions.
Article 24.
The recruitment of civil servants in organs and their directly subordinate institutions shall be organized by the competent departments for civil servants. The provincial-level competent departments for civil servants are responsible for organizing the recruitment of civil servants at all levels of local organs, and when necessary, the provincial-level competent departments for civil servants may authorize the competent departments for civil servants at the districted-city level to organize them.
Article 25.
In addition to the requirements provided for in Article 13 of this Law, civil servants applying for the examination shall also meet the qualifications required for the proposed position as provided for by the competent departments for civil servants at or above the provincial level.
The state implements a uniform legal profession qualification examination system for civil servants in administrative organs who are engaged for the first time in the review of administrative punishment decisions, administrative reconsideration, administrative rulings, and legal counsel, and is to be organized and implemented by the judicial administrative departments in consultation with relevant departments.
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Summary. Hello dear, dear. According to the relevant laws and regulations of our country, Article 13 of the Measures for Handling Violations in the Selection and Appointment of Staff stipulates that "if a hired person commits any of the following acts, he shall be investigated for legal responsibility:
1) Violating provisions by agreeing to be hired but not showing up for work, resigning halfway, or not working for the work unit for more than one month after being hired without a legitimate reason; (2) Cheating, cheating, leaking questions or purchasing, imparting, or obtaining test questions and answers in interviews or examinations in violation of regulations; (3) Accepting or soliciting property, items, or other illegal benefits from recruiting units and other stakeholders in violation of provisions; (4) Violating provisions by providing false materials or information or other improper means to obtain employment opportunities. Therefore, if the candidate is hired by both levels of the department at the same time, but the party who is given up does not violate the above regulations, then there is no need to pay liquidated damages. However, if the waived party violates the relevant regulations, then it may be liable for the corresponding breach of contract.
The specific situation needs to be analyzed on a case-by-case basis, and it is recommended to consult the relevant legal professionals.
If the candidate is hired by the two departments at the same time, does the party who is given up have to pay liquidated damages?
Hello dear, dear. According to the relevant laws and regulations of our country, Article 13 of the Measures for the Handling of Violations in the Selection and Appointment of Staff stipulates that "if a hired person commits any of the following acts, he shall be investigated for legal responsibility: (1) Agreeing to be hired in violation of the provisions but not showing up for the post, resigning halfway, or not working in the work unit for more than one month after being hired without a legitimate reason; (2) Cheating in interviews or exams in violation of regulations, making noise, cheating, leaking questions, or purchasing, imparting, or obtaining test questions and answers; (3) Accepting or soliciting property, items, or other illegal benefits from recruiting units and other stakeholders in violation of provisions; (4) Violating rules and regulations by providing false materials or information, or other improper means to obtain employment opportunities.
Therefore, if the candidate is hired by both levels of the department at the same time, but the party who is given up does not violate the above regulations, then there is no need to pay liquidated damages. However, if the waived party violates the relevant regulations, then it may be liable for the corresponding breach of contract. The specific situation needs to be analyzed on a case-by-case basis, and it is recommended to consult the relevant legal professionals.
Dear, has the party who gave up violated the above regulations?
There are specific provisions on compensation for losses in the Contract Law, that is, if one of the parties fails to perform its contractual obligations or the performance of its 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, but 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. Party B's failure to repay the arrears is sufficient to determine the actual loss incurred by Party A.
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