Is the Liquidated Damages for Resignation Compensation Valid in China's Labor Contract

When new employees enter a new company, they need to sign a labor contract. Only when the labor contract is signed can the legality of their labor relations be guaranteed. If they do not sign a labor contract, their rights and interests may be violated by the company. The Labor Contract Law stipulates that the parties concerned shall follow the principle of equality, voluntariness and consensus through consultation when concluding and changing labor contracts, and shall not violate the provisions of laws and administrative regulations. A labor contract is legally binding once it is concluded in accordance with the law, and the parties must perform their obligations under the labor contract.

2024-05-23 12:30:06 2449 people have been helped

Selected lawyers· Explain examples

Is the Liquidated Damages for Resignation Compensation Valid in China's Labor Contract

According to the current laws of China statute It is stipulated that when the employer and the employee sign and take effect according to law Labor contract The specific Liquidated damages Clause is rescinded or terminated by both labor and management Labor relations This agreement shall have effect.
However, in addition to Non competition restrictions Under special circumstances such as, in principle, the employer shall not agree with the worker that the latter shall bear the liability for liquidated damages.
If the employee violates the contract of service period, the amount of liquidated damages shall not exceed the total amount of training fees provided by the employer.
The People's Republic of China Labor Contract Law 》Article 22
If an employer provides special training fees for workers and provides them with professional and technical training, it may conclude an agreement with the worker to stipulate the service period.
If a worker 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 expenses provided by the employer. The liquidated damages required to be paid by the employer shall not exceed the training expenses that should be shared for the part of the service period that has not been performed.
If an employer and a worker agree on a service period, the normal wages Adjust the mechanism to improve the labor remuneration of workers during the service period.

Complaints/reports Disclaimer: The above content is integrated by LATU in combination with policies, regulations and Internet related knowledge, and does not represent the views and positions of the platform. If the content is incorrect or infringing, please contact us to correct or delete it through [Complaint/Report] on the right.