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What is the punishment of tripartite agreement?
Do I need to pay liquidated damages for breaking the contract after signing the tripartite agreement?
In practice, when signing a tripartite agreement, the situation of breach of contract is generally stated and the amount of liquidated damages is explained. Therefore, if you breach the contract after signing a tripartite agreement, whether you need to pay liquidated damages depends on the content of the agreement.
Moreover, according to the agreement of the tripartite agreement, it will be handled in the following ways:
(1) If liquidated damages are stipulated in the agreement, then whoever breaches the contract should pay the liquidated damages, but if the liquidated damages are too high, it can be reduced.
(2) If there is no provision for relevant liquidated damages in the agreement, there is no need to pay liquidated damages.
Therefore, if you don't want to go to the post agreed in the agreement, whether to pay liquidated damages after breach of contract needs to be handled in accordance with the agreement.
In addition, when signing a tripartite agreement, it will directly involve vital interests, so we should pay attention to the following points when signing the agreement:
1. When signing a tripartite agreement, college students should first look at whether the name of the employer filled in is consistent with the name of the effective seal of the unit. If not, the agreement is invalid. When filling in your own professional name, it should be consistent with the professional name of the academic affairs office of the school and cannot be abbreviated.
2. Foreign enterprises, joint ventures and private enterprises generally adopt a probation period, which can range from 1-3 months according to the length of the contract. Usually, the probation period is 3 months, and shall not exceed 6 months. State organs, universities and research institutes generally take a probation period, which is generally one year.
3. The agreed liquidated damages cannot be too high. Students should try their best to minimize the liquidated damages during negotiation, which usually does not exceed 5,000 yuan.
4. Graduate employment agreement is a "format contract". Graduates can explain the welfare benefits such as vacation, housing and insurance reached before signing the contract in the remarks column. If there is a dispute, they can use it to safeguard their legitimate rights and interests.
5. When signing the agreement, students should strictly follow the prescribed steps.
Legal basis: Article 585 of the Civil Code, the parties may agree that one party 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 losses caused by breach of contract.
If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.
If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.
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