Business Staff Members Are Entitled To Claim Damages For Breach Of Service Period.

I am a career editor of a unit. Two years ago, the unit decided to invest 60 thousand yuan, sent me to receive a year's technical training, and signed a service contract with me. It was agreed that after I finished training, I had to return to work, and the time should not be less than 5 years. In case of violation, I would pay a unit of 30 thousand yuan for breach of contract every year for compensation.

Due to the widening of my horizons during my training, and the great change in my interpersonal relationship, I felt that the prospects for the development of the unit were very unsatisfactory. Although the unit agreed to my resignation, but I think I still have 4 years of service period, must bear 120 thousand yuan liquidated damages. I have rejected the twenty-second clause of the labor contract law clearly that the amount of liquidated damages must not exceed the training cost of employers.

The request of the unit is established, that is, you can charge the training fee. Penalty for breach of contract 。

Although the twenty-second provision of the labor contract law stipulates that the amount of liquidated damages shall not exceed the training cost of employers, but because your unit belongs to a public institution, the institution can not execute it in accordance with the regulations. Because the provisions of the Supreme People's Court on certain issues concerning the handling of personnel disputes in public institutions by the people's court, Article 1 stipulates: "disputes over the resignation, dismissal and fulfilling of employment contracts between public institutions and their staff shall apply." labour law "The provisions of the" deal with. "

The reply of the Supreme People's Court on the application of law to personnel disputes in public institutions is further clarified: "the application of the provisions of the labor law" refers to the relevant regulations of the people's Court on the application of the labor law in the case of personnel disputes in public institutions. The people's court shall apply the legal provisions of personnel to the entity handling of personnel dispute cases in public institutions, but the contents of the labor rights involved in the staff of public institutions are not stipulated in the personnel law, and the relevant provisions of the labor law shall apply. That is to say, for the handling of personnel dispute cases in institutions, the labor law should be applied in procedure, and the "personnel law" should be applied first in the entity. Personnel law When it is not involved, the labour law is applicable.

These Provisions are consistent with the ninety-sixth article of the labor contract law: "if a public institution or a staff member engaging in an appointment system makes, performs, changes, terminates or terminates labor, the law, administrative regulations or the State Council separately stipulates that, in accordance with its provisions, the regulations are not regulated, and shall be implemented in accordance with the relevant provisions of this law." It is precisely because the Ministry of Personnel approved the State Council's approval of the normative document "sixth opinions on the appointment system of trial personnel in public institutions" that it has already stipulated: "the employed personnel shall terminate the employment contract after the training of the employing units, and the compensation for the training cost is stipulated in the employment contract, and shall be compensated according to the contract."

Correspondingly, when you and the unit have already made compensation for the training expenses which violate the service period and have made clear and specific stipulations in the form of liquidated damages, you must not refuse to take the responsibility for breach of contract on the grounds that the penalty is much more than your actual expenses.