Is there a provision for the amount of liquidated damages in the tripartite agreement on school recruitment?

Tripartite agreement contract generally refers to the labor agreement between schools, employers and students. So what is the legal upper limit of the liquidated damages for graduates' tripartite agreement? In order to help you better understand the relevant legal knowledge, we have compiled the relevant contents. Let's take a look at it together, hoping to help you.

First, the tripartite agreement sets an upper limit on the legal penalty for graduates.

The maximum fine for the tripartite agreement is 5,000 yuan. If a worker violates the service period agreement and the provisions on non-competition, he may agree on liquidated damages. The amount of liquidated damages in the tripartite agreement is determined according to the terms of the agreement, and the employee and the employer can agree through consultation.

2. What if the three parties fail to pay the liquidated damages?

The agreement of the three parties on liquidated damages has no legal effect. Only in the two cases stipulated in Articles 22 and 23 of the Labor Contract Law can the employer agree that the laborer shall bear the liquidated damages. First, liquidated damages can be stipulated in the training service period agreement, and second, liquidated damages can be stipulated in the non-competition restriction. In other cases, the liquidated damages agreed with employees are invalid.

3. How to write the penalty clause in the tripartite agreement?

Generally speaking, there is no special legal provision for the "liquidated damages" in the tripartite agreement. Mainly applicable to the relevant provisions of the Civil Code, as long as the true meaning of both parties has been expressed, it is valid. In case of breach of the contract, it shall bear the liquidated damages in accordance with the agreement. If the liquidated damages agreed between the employer and you are higher than the actual losses, the breaching party may bring a lawsuit to the court and demand an appropriate reduction in the amount.

Tripartite agreement is different from labor contract. First of all, the labor contract is the main body of both parties, and it is a contract signed by the employer and the laborer; As the name implies, the subject of the "tripartite agreement" is three parties, including employers, laborers and other third parties.

Secondly, the subject of the "tripartite agreement" is an equal subject and is in an equal legal status; In the labor contract, both the employer and the employee have the characteristics of management and being managed, and they are in an unequal position in the formulation and performance of the labor contract.

Finally, the labor contract was signed when the labor contract was established, and the "tripartite agreement" was signed before the establishment of the labor relationship. Finally, the labor contract is an agreement and specification on the rights and obligations of the employer and the employee arising from the performance of labor relations, and the "tripartite agreement" is an agreement on the rights and obligations of all parties around the act of establishing labor relations. Therefore, the "tripartite agreement" is not a labor contract, it was formed before the establishment of labor relations and has the nature of an ordinary civil contract. The formulation and implementation of the "tripartite agreement" shall conform to the provisions of the Civil Code.

The liquidated damages clause is not applicable to the Labor Contract Law and related labor laws and regulations. According to the provisions of the Civil Code, this clause has legal effect. Therefore, if either the employer or the laborer breaches the contract, it shall bear the liability for breach of contract in accordance with the provisions of the Tripartite Agreement.

Because most of the employers who are willing to sign the tripartite agreement are fresh graduates, it is unlikely that they will not hire graduates by default. In most cases, graduates want to break the contract, but they have to bear the penalty. It is not beneficial for graduates to conclude the liability clause for breach of contract in the tripartite agreement, but the employer's bargaining chip to retain graduates.

The above is to introduce in detail the relevant knowledge about the statutory limit of liquidated damages for graduates in tripartite agreement. To sum up, according to the relevant laws and regulations of our country, the maximum penalty for graduates' tripartite agreement is 5000 yuan. If you have any other legal questions, please feel free to consult. We will have a professional lawyer to answer your questions.