Question:

Jilin General Machinery Co., Ltd.

I am in Jilin Province general machinery limited liability company for 3 years, now I really can't stand the unit constitution, asked to leave, the personnel department leadership privately liquidated thing, asked me to get at least 8000 yuan. I have now completed the handover work, the personnel department leaders said, handover work also have to pay 8000 yuan of liquidated damages, the company is so prescribed, with labor law does not matter. What do you think I should do?!

Answer:

The employee has a confidentiality obligation, the employer and the employee may stipulate non competition clauses in the labor contract or confidentiality agreement, and agreed to the termination of the labor contract or, during the term of the competition restriction monthly compensation. If the worker violates the non competition stipulation, he shall pay the liquidated damages to the employer in accordance with the contract.Article twenty-fifth, in addition to the provisions of the twenty-second and twenty-third articles of this law, the employing unit shall not agree with the worker to pay the penalty for breach of contract by the employee.
The amount of liquidated damages shall not exceed the training expenses provided by the employer. The employer shall require the employee to pay the penalty for breach of contract not exceeding the training fee that should be covered in the service period.If the employer and the employee stipulate the term of service, they shall not affect the labor remuneration according to the normal wage adjustment mechanism.Twenty-third employers and workers may stipulate in the labor contract the confidentiality of the commercial secrets of the employer and the related intellectual property rights.
Article thirty-seventh of the labor contract law stipulates that workers may terminate the labor contract by notifying the employing units in writing in advance thirty days. The worker may terminate the labor contract within three days of the probation period and notify the employing unit.As long as you and the unit does not exist a problem unit cannot ask for compensation: twenty-second employers provide special training expenses for the professional technical training, it may conclude an agreement with the laborer, the agreed period of service.If the employee violates the term of service, he shall pay the liquidated damages to the employer in accordance with the contract.

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