Consequences of breach of contract in the introduction of talents in public institutions

According to the agreement in the employment contract, the liquidated damages are 5000 to 10000 yuan (the liquidated damages are different for different units).

You may not take the recruitment examination of public institutions organized by the human resources and social departments within two years.

When a public institution signs an employment contract with its employees, it may stipulate "the responsibility for violating the employment contract", which is a necessary clause. The "responsibility for breach of employment contract" here naturally includes liquidated damages. The staff of a public institution may terminate the employment contract by giving a written notice to the employing unit 30 days in advance, unless otherwise agreed by both parties.

Due to the national public welfare nature of public institutions, the state has made different provisions on the resignation right of staff in public institutions from the Labor Contract Law. The Regulations on Personnel Management of Public Institutions stipulates that the staff of public institutions may terminate the employment contract by notifying the employer in writing 30 days in advance, unless otherwise agreed by both parties.

The Notice on the Opinions on the Trial Employment System of Public Institutions and other regulations and supporting rules and policies stipulate that if the staff employed by public institutions voluntarily propose to terminate the employment contract, some of them need the consent of the unit, and the staff in special positions cannot resign. If the general staff and the unit fail to reach an agreement, they must continue to perform the employment contract for six months before they can unilaterally terminate the employment contract. Therefore, there are certain restrictions and prohibitions on the right to resign of employees in public institutions, but the restrictions on the right to resign of employees in public institutions should be exercised according to law and should not be abused.

Employment contract of public institutions

Institutions are social service organizations organized by state organs or other organizations with state-owned assets as the public interest and engaged in education, science and technology, culture, health and other activities for non-profit. Institutions implement staffing management, and personnel recruitment needs to be approved by the state for open recruitment (including the introduction of high-level talents). Institutions often pay special treatment such as introduction fee or settling-in fee for high-level talents who are approved to be introduced because of work needs, and often invest in training staff to train talents. Under the background of market-oriented allocation of human resources, it is inevitable for institutions to invest, introduce or train personnel. Due to the public welfare nature of public institutions, the state has made different provisions on the right of resignation of staff in public institutions from the Labor Contract Law.

Secondly, the employment contract is an agreement reached between institutions and employees on the basis of equality, voluntariness and consensus on the rights and obligations of performing relevant job responsibilities in accordance with relevant national laws and policies. In a narrow sense, the employment contract is different from the labor contract not only in the object of application, but also in the application of law.

Legal basis:

Article 96 of the Labor Contract Law of People's Republic of China (PRC) is applicable to the employment system of public institutions. If there are other provisions in laws, administrative regulations or the State Council, those provisions shall prevail. If there are no provisions, the relevant provisions of this law shall prevail.