The nurse's contract has not expired and she wants to resign. Liquidated damages

If you are a contract nurse, the hospital violates the labor law and resigns without breach of contract and does not need to pay liquidated damages. Nowadays, the medical industry is developing extremely rapidly. While many hospitals are expanding their scale, it is also essential to recruit medical talents. While providing jobs for many medical workers, hospitals will sign contracts with them after recruitment. .

1. Do contract nurses need to pay liquidated damages when they resign? If they are contract nurses, the hospital violates the labor law and resigns in breach of contract and does not need to pay liquidated damages. Nowadays, the medical industry is developing extremely rapidly. While many hospitals are expanding their scale, it is also essential to recruit medical talents. While providing jobs for many medical workers, hospitals will sign contracts with them after recruitment. .

2. What are hospital contract workers? Hospital contract workers refer to short-term workers recruited by hospitals through signing contracts. Long-term contract workers refer to those who have signed a labor contract with the employer for more than five years, and short-term contract workers refer to those who have signed a one-year labor contract with the employer. There is another form of current enterprise employment, which is "dispatched labor". Its nature and characteristics are "temporary, auxiliary and substitute". It is not a formal employee of the employing unit, but a temporary employee of the employing unit (not exceeding 6 months) leasing employees of a labor dispatch company. To put it simply, the labor relationship is not between the employee and the unit where he works, but between the employee and another specialized unit such as a talent agency. The talent agency then sends the employee to work for the employer, and the employer signs a dispatch agreement with the talent agency. Labor dispatch is also called employee leasing. That is, the employer proposes to the labor dispatch company the standard conditions, wages and benefits of the personnel to be used based on the actual needs of the work. The company searches for qualified personnel by querying the labor database information and various recruitment reserve talent centers. Strictly screen and send the list of personnel to the employer, who then selects and confirms. Then the employer and the dispatch company sign a labor leasing (dispatch) agreement, and the dispatch company signs an employment contract with the hired person. The relationship between the employer and the dispatch company is a labor relationship; the relationship between the hired person and the dispatch company is a labor relationship, and the relationship with the employer is a paid-use relationship.

3. How to confirm the labor relationship between employees and the employer? 1. If the employer recruits workers without entering into a written labor contract, but the following circumstances are met at the same time, the labor relationship is established. (1) The employer and workers meet the subject qualifications stipulated in laws and regulations; (2) The various labor rules and regulations formulated by the employer in accordance with the law apply to workers, and workers are subject to the labor management of the employer. Remunerated labor; (3) The labor provided by workers is an integral part of the employer's business. 2. The employer has not signed a labor contract with the employee. When determining that there is a labor relationship between the two parties, the following documents can be referred to: (1) Wages or records (employee salary payment roster), and records of various payment items; (2) The employer submits to the labor (3) Recruitment records such as "Registration Form" and "Registration Form" filled in by workers; (4) Attendance records; 5) Testimonies of other workers, etc. To sum up, no matter what kind of labor relationship it is, the labor contract law has corresponding provisions on the rights and obligations of both parties. Although both parties cannot breach the labor contract and terminate the labor contract, if the company breaches the contract first, the employee can resign directly. , there is no need to notify the employer in advance, and it will not be counted as one's liability for breach of contract.