Do employees have to sign a three-year contract to buy social security in the company? According to the contract, if the employee is less than three years old, he should compensate the company for a p

Do employees have to sign a three-year contract to buy social security in the company? According to the contract, if the employee is less than three years old, he should compensate the company for a penalty of 4,000 yuan. Is this legal? There is no need to sign a three-year labor contract, and it is illegal to compensate the company for liquidated damages if it is not completed within three years. Under normal circumstances, the employee can terminate the labor contract by notifying the employer in writing 30 days in advance. Except that the unit has provided foreign training to the workers and signed a training agreement, or there are non-competition restrictions, the unit cannot demand liquidated damages from the workers.

Legal analysis

Workers only need to pay liquidated damages to the employer in two cases: 1. Where an employer provides special training fees for laborers and provides them with professional and technical training, it may stipulate the service period and liquidated damages. If the laborer violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. In addition, when applying the liquidated damages clause, it is stipulated that the amount of liquidated damages shall not exceed the training expenses provided by the employer, and the liquidated damages required by the employer shall not exceed the training expenses that should be shared for the unfulfilled part of the service period. 2. If the employer and the employee agree on non-competition clauses, they may agree on liquidated damages. Workers who violate the non-competition agreement shall pay liquidated damages to the employer. Except for the above two cases, the employer may not require the employee to pay liquidated damages. Therefore, the unit only agreed on liquidated damages for the service period, and there is no legal basis. If the laborer does not have the above two conditions, he can submit his resignation report 30 days in advance, and he can leave his job when it expires, without worrying about liquidated damages.

legal ground

People's Republic of China (PRC) labor contract law

Article 37 A laborer may terminate the labor contract by giving a written notice to the employing unit 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.

Article 22 Where an employing unit provides special training fees and professional technical training for laborers, it may conclude an agreement with the laborers 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.

Article 23 The employer and the employee may agree in the labor contract to keep the employer's business secrets 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.