Job Recruitment Website - Recruitment portal - Is it reasonable for private textile mills to deduct 3000 yuan as liquidated damages? Is it reasonable to sign a two-year contract and only work for one year, but say that you will deduct 3000 liquida
Is it reasonable for private textile mills to deduct 3000 yuan as liquidated damages? Is it reasonable to sign a two-year contract and only work for one year, but say that you will deduct 3000 liquida
1, about the two-year contract you said, you only worked for one year, but you said you would deduct 3000 yuan as penalty. As far as I know, the company signed a two-year labor contract with you. You have to sit for two years, but you have only worked for one year. The company requires you to pay 3000 yuan as a penalty for not sitting for two years, right? First of all, the signing of the labor contract is based on the voluntariness, equality and consensus of both parties. For the choice of work, both parties have the right to choose their own work, and the labor contract is not a sales contract. As long as the laborer chooses the normal resignation procedure and leaves his job within the specified time, the employer shall handle the resignation procedures for him and pay him remuneration for his work. As an employer, it also has the right to choose independently. If the company thinks that the employee does not meet the employment requirements, or is often late or absent from work, which seriously violates the company's rules and regulations, the employer can also dismiss its employees according to the Labor Law and the company's rules and regulations as long as the company's rules and regulations are formulated reasonably and legally. The labor law is fair and just to employers and workers, and there is no favoritism to either party. Therefore, there is no legal basis for the company to deduct 3000 yuan from your liquidated damages.
2. With regard to the provisions of the Labor Law, the employer may require the laborer to bear liquidated damages. According to Article 23 of the Labor Contract Law of People's Republic of China (PRC), the employer and the employee may agree in the labor contract to keep the business secrets of the employer and confidential matters related to intellectual property rights.
For the workers who have the obligation of confidentiality, the employer may stipulate the non-competition clause with the workers in the labor contract or confidentiality agreement, and stipulate that after the labor contract is dissolved or terminated, the economic compensation will be paid to the workers on a monthly basis during the non-competition period. If the laborer violates the non-competition agreement, he shall pay liquidated damages to the employer in accordance with the agreement.
Twenty-fourth persons with non-competition restrictions are limited to the senior managers, senior technicians and other personnel with confidentiality obligations of the employing unit. The scope, area and time limit of non-competition shall be agreed by the employer and the employee, and the agreement on non-competition shall not violate the provisions of laws and regulations.
After the dissolution or termination of the labor contract, if the personnel specified in the preceding paragraph go to other employers that have a competitive relationship with their own units to produce or operate similar products or engage in similar businesses, or start their own businesses to produce or operate similar products or engage in similar businesses, the non-competition period shall not exceed two years. But this premise is aimed at the company's senior managers, senior technical personnel and other personnel with confidentiality obligations.
The above comments are for reference only. I hope to adopt them. Thank you?
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