Legal Interpretation: Is It A Breach Of Contract At Home?

Comrade Ma: I am a sick person with long sick leave. The former unit provided some pportation and housing treatment, so I was asked to serve for 5 years after receiving the treatment, otherwise I would be liable for breach of contract.

These are agreed in the contract.

But now I can't go to work at one thirty, and I should have to pay tens of thousands of damages for breach of contract.

The problem is that I am sick, because I can not go to work because of my physical reasons. I am not resigning from my job and I do not want to serve the company. These are the certificates of hospital diagnosis and sick leave. How can I break the contract?

Mr. Wu, Mr. Wu:

According to the law, I provide the following two points for reference.

First, the issue of liquidated damages.

We know that labor contracts are essential except for essential clauses.

Workers and workers can agree on other matters such as probation period, training, keeping secrets, supplemental insurance and welfare benefits. However, the twenty-fifth article of the labor contract law clearly stipulates that except for the twenty-second and twenty-third provisions of this law, the employer shall not be liable for a breach of contract with the laborer.

That is to say, there are only two cases where the employer can set liquidated damages.

"Article twenty-second provides that employers can provide special training fees for workers, and if they engage in professional and technical training, they may conclude an agreement with the worker and stipulate the service period.

If a worker violates the stipulations of the service period, he shall pay the employer according to the contract.

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Two, the twenty-third provision of the labor contract law stipulates that employers and workers can stipulate the business secrets of the employing units and the confidentiality matters related to intellectual property rights in the labor contract.

For a laborer who has a duty of confidentiality, the employer may stipulate a competition restriction clause with the laborer in the labor contract or confidentiality agreement, and stipulates that the worker's economic compensation shall be given to the laborer on a monthly basis within the time limit of the competition according to the termination or termination of the labor contract.

If a laborer violates the stipulations of the competition restriction, he shall pay liquidated damages to the employer in accordance with the contract.

In the past, there were indeed some cases of irregular service period and liquidated damages. Providing housing, pportation and household accounts tended to be a major reason. With the introduction of the labor contract law, this aspect should be very clear, that is, only in the two cases mentioned above.

Two, whether or not it is a breach of contract.

It is true that if a worker violates the terms stipulated in the service period (mainly for resignation), of course, he should pay liquidated damages according to the units concerned. Now, whether or not your agreement is valid, the question is whether the workers are sick or not to work. Is it a breach of contract? We know that the workers have the right to get sick, as long as the units are not allowed to terminate the contract or do not provide wages or social security benefits during the prescribed medical period. Similarly, if the workers do not go to work, there may be other legal situations such as maternity leave and breastfeeding. If the workers are in breach of the contract, they will lose money, obviously, which is inconsistent with the original intention of protecting the rights and interests of the workers in China.

To synthesize your question, my personal view is that one of your agreements is not effective. Two, you are in the medical treatment period, and you have legitimate reasons for not providing labor.

Of course, if you agree to be effective, and the contract expressly stipulate that the service period must be calculated on the basis of actual working hours, that is, the period of sick leave and maternity leave is regarded as "suspended", and the actual days of absence should be eliminated during the service period.

This issue may cause some controversy.