Does the school have to pay liquidated damages if it signs a tripartite agreement?

Whether the school needs to pay liquidated damages after signing the tripartite agreement mainly depends on the specific terms and relevant laws and regulations in the agreement.

I. Legal nature of tripartite agreement

Tripartite agreement is a common form of agreement in school recruitment, which is usually signed by the school, students and employers. This agreement is legally binding and aims to clarify the rights and obligations of all parties in the recruitment and employment process.

Second, the terms of the agreement

When signing a tripartite agreement, all parties should carefully read the contents of the agreement, especially the provisions on liability for breach of contract. Generally speaking, the agreement will clearly stipulate the liability of the breaching party for breach of contract, including payment of liquidated damages and compensation for losses. Therefore, if students want to breach the contract, they first need to check whether there is an agreement on liquidated damages in the agreement.

Third, will the liquidated damages be paid or not?

If the payment terms of liquidated damages are clearly stipulated in the agreement, students usually need to pay the corresponding liquidated damages in accordance with the agreement when they breach the contract. However, if there is no clear agreement on liquidated damages in the agreement or the agreed amount of liquidated damages is unreasonable, students can raise objections according to relevant laws and regulations.

Four. Review legal provisions

When judging whether it is necessary to pay liquidated damages, it is also necessary to consider relevant legal provisions. For example, according to the Contract Law of People's Republic of China (PRC), both parties to the contract can agree on liquidated damages as a way to bear the liability for breach of contract. However, if the agreed amount of liquidated damages is too high and exceeds the actual loss range, the breaching party has the right to request the court or arbitration institution to reduce it appropriately.

In addition, if a breach of contract is caused by force majeure and other factors, the breaching party may be exempted or relieved of the liability for breach of contract according to the law.

To sum up:

Whether the school needs to pay liquidated damages after signing the tripartite agreement mainly depends on the specific terms and relevant laws and regulations in the agreement. Students should read the contents of the agreement carefully and understand the relevant laws and regulations before deciding to breach the contract, so as to make an informed decision. At the same time, in order to avoid unnecessary disputes and losses, students should seriously consider their career planning and development direction before signing the agreement to ensure that their choices are in line with personal interests and long-term development.

Legal basis:

Contract law of the people's Republic of China

Article 1 14 stipulates:

The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, and may also agree on the calculation method of the amount of compensation for breach of contract.

If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to reduce them appropriately.

Labor law of the people's Republic of China

Article 32 provides that:

In any of the following circumstances, the employee may notify the employer to terminate the labor contract at any time:

(1) is in the probation period;

(2) The employing unit forces labor by means of violence, threat or illegal restriction of personal freedom;

(three) the employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract.