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How much is the penalty for breach of labor contract

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How much is the penalty for breach of labor contract


        

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  • 2024-06-18 03:01:41

    The maximum loss of labor contract liquidated damages is 30%
    1. The amount of liquidated damages shall take into account the affordability of both parties (especially workers).
    2. Both parties shall be equal when the penalty is agreed.
    If a worker believes that the liquidated damages required to be paid by the employer are too high, he or she may appeal to the labor dispute arbitration committee, which may take comprehensive consideration according to the extent of the worker's breach of contract, the actual income level, the loss of the employer and other circumstances. If the agreement on liquidated damages is too high and unfair, the Arbitration Commission may reduce it at its discretion.
    In Article 22 of the Labor Contract Law, 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 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, it shall not affect the increase of the worker's remuneration during the service period in accordance with the normal wage adjustment mechanism.

    Liu***

    2024-06-18 03:01:41

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