No penalty shall be paid. The Labor Contract Law provides for liquidated damages: Article 25 of the Labor Contract Law provides that, except for the circumstances specified in Articles 22 and 23 of this Law, the employer may not agree with the worker that the worker shall bear liquidated damages. According to the provisions of Article 22, if an employer provides special training fees for workers and provides them with professional technical training, it may conclude an agreement with the worker to specify the service period. If a worker violates the service period, it shall pay liquidated damages to the prospective employer as agreed. According to the provisions of Article 23, if a worker violates the non competition agreement, he shall pay liquidated damages to the employer in accordance with the agreement. That is to say, only in two cases can it be agreed that the workers should bear the liquidated damages: first, professional technical training; Second, it is necessary to keep trade secrets, that is, relevant competition restrictions. In addition, it cannot be agreed that the worker shall bear the liquidated damages. Therefore, when a worker resigns, if the employer invokes the signed labor contract to require the worker to bear the liquidated damages as agreed, except for the above two cases, the worker can claim that the agreement is invalid and refuse to bear it. The enterprise signed a "tripartite agreement" with the students. Since the tripartite agreement is only a labor intention contract, not a real labor contract, and is not protected by the Labor Contract Law, it can only be handled according to civil liability, and liquidated damages are basically set at the standard of one month's salary. If an enterprise has signed a labor contract or established a de facto labor relationship with a student, college students can solve the breach of the contract under such conditions through the Labor Contract Law. Therefore, the employment agreement has a legal effect. If you want to change jobs during the agreement period, you need to bear liquidated damages. The specific terms are as follows: First, the termination of the employment agreement The termination of the employment agreement is divided into unilateral termination and bilateral termination. Unilateral termination includes unilateral unauthorized termination and unilateral termination according to law or by agreement. Unilateral cancellation is a breach of contract. Unilateral termination according to law or by agreement means that one party has a legal or agreement basis for terminating the employment agreement. In case of such unilateral termination, the terminating party shall not be liable to the other party. Cancellation by both parties refers to the cancellation of the original agreement signed by graduates and employers through consensus, so that the agreement does not have legal effect. Both parties shall not bear legal liability, but shall seek the consent of the school. 2、 Liability for Breach of Contract and Consequences of Graduates Breach of Contract Graduates' breach of contract, in addition to their own liability to pay liquidated damages, will often cause other adverse consequences, which are mainly manifested in: First, as far as employers are concerned, employers often do a lot of work to recruit a graduate. Once students breach the contract, it will cause passivity to employers. Second, as far as schools are concerned, employers often regard graduates' breach of contract as lax management of schools, which affects the long-term cooperative relationship between schools and employers. Third, as far as other graduates are concerned, breach of contract will affect the employment of other graduates and cause waste of employment information. If this agreement only stipulates that students will pay liquidated damages if they do not sign it, and they do not accept it, but do not pay liquidated damages, they will not pay any attention to such unequal terms. In addition, if you have graduated, the employer's agreement is against the provisions of the Labor Contract Law and is not protected by law. In that case, you don't have to pay this fee. Then let's extend this issue to the following: the process and precautions for signing employment agreements. 1、 Procedures for signing an employment agreement 1. Graduates and employers reach an agreement and sign and seal the employment agreement. The employer should indicate the name and address of the graduates who can receive files on the agreement. 2. If the employing unit needs the approval of the competent department, it shall report to the superior competent department for approval. (If the local personnel bureau, going to Shanghai, Beijing, Shenzhen and Guangzhou are otherwise required) 3. Graduates will send the signed agreement directly to the Graduate Employment Guidance Office of the College. 4. The school will timely feed back the review of the agreement to the employers and graduates. 5. For graduates who are admitted to graduate school or graduated from junior college, they should explain the situation when signing the agreement with the employer. If the employer agrees to sign the agreement after knowing about it, graduates will not be liable for breach of contract after they enroll graduate students or graduate students. Graduates who have not signed a contract for postgraduate entrance examination or college upgrading will submit the employment agreement to the Employment Department. 6. Graduates who have signed the employment agreement before May 20 shall submit the agreement to the employment office in time to ensure that they can obtain the employment dispatch certificate in time when they graduate. 2、 Problems that should be paid attention to when signing an agreement 1. Find out the subject qualification of the employer The party signing an employment agreement must have the legal subject qualification. Generally speaking, the employer must have the ability to engage in various business or management activities, and the unit should have employment indicators and employment autonomy. 2. The graduates who sign the agreement according to the prescribed procedures shall present the employment agreement issued by the university to the employment guidance office of the university after signing the agreement with the employer. 3. The contents of the relevant clauses must specify that graduates and employers should try to use model clauses when signing a contract. If it is necessary to make changes or additions, the content must also be clear. 4. Attention should be paid to the connection with the employment contract. Since the employment agreement of graduates was signed first, in order to avoid disputes when signing the labor contract in the future, the main contents of the labor contract should be reflected in the agreed terms of the employment agreement as far as possible, and it should be clearly stated that it should be confirmed when signing the labor contract in the future. 5. The conditions for the termination of the contract shall be agreed in advance. Once the graduate employment agreement is concluded, it shall be binding on the parties concerned and shall not be terminated at will, otherwise it shall bear the liability for breach of contract.