How to deal with the breach of contract in recruiting fresh graduates?

After signing the labor contract, fresh graduates fail to perform their obligations according to the contract, causing economic losses to the unit, and shall compensate the actual losses of the unit. In addition, it should also bear administrative responsibility, and can be given disciplinary sanctions such as warning, demerit, dismissal and expulsion.

1. What should I do if the fresh graduates break the contract when signing a labor contract?

Workers who violate the contract and cause economic losses to the employing unit shall be liable for compensation according to law. The fresh graduates signed a one-year contract, which did not expire. It depends on whether the employer has spent money on training and agreed on the service period. If not, it is not a breach of contract. If so, you need to bear the responsibility for breach of contract.

If the employing unit provides special training expenses and conducts professional technical training for the workers, it may conclude an agreement with the workers to stipulate the service period. If the laborer 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 that the employer requires the laborer to pay shall not exceed the training expenses that should be shared for the unfinished part of the service period. If the employer and the employee agree on the service period, it will not affect the employee's improvement of labor remuneration in accordance with the normal wage adjustment mechanism during the service period.

If one party's breach of contract causes economic losses to the other party, it shall bear administrative responsibilities in addition to economic compensation. If an employee violates discipline, the enterprise may give him a warning, record a demerit, record a serious demerit, be demoted, be dismissed, remain on probation, be dismissed, be dismissed and be financially punished.

2. What are the principles for signing a labor contract?

1, principle of equality

The principle of equality means that workers and employers are in an equal position in law, and they equally decide whether to sign a contract and the content of the contract. Either party may refuse to sign a contract with the other party, and neither party may force the other party to sign a contract with itself.

2. Voluntary principle

The principle of voluntariness stems from the principle of equality. The equality of the status of both parties requires that both parties do not enjoy any privileges when concluding a labor contract. The parties can only conclude a contract out of their inner wishes. The employing unit shall not force laborers to conclude labor contracts, and any other organ, organization or individual has no right to force laborers to conclude labor contracts.

3. The principle of consensus

The principle of consensus requires both parties to reach an agreement on the main terms of the labor contract before it is established. It is possible that both parties have the intention to conclude a labor contract with each other, but they often disagree on specific terms, such as working hours and labor remuneration, and then the contract cannot be established.

4, the principle of legality

The principle of legality means that the conclusion of a labor contract shall not violate the provisions of laws and regulations. The laws and regulations mentioned here include both existing laws and administrative regulations, as well as those promulgated and implemented later, including both labor laws and regulations and civil and economic laws and regulations.

If the fresh graduates break the contract after signing the labor contract and cause economic losses to the unit, they shall be liable for compensation. In the process of signing a labor contract, we must follow the principle of legality, and the conclusion of a labor contract cannot violate the law; Following the principle of consensus, both parties should reach an agreement; Follow the principle of voluntariness, and both parties to the contract have equal status; We must also follow the principle of equality, and workers and employers are on an equal footing.