1. What is the highest penalty for China Construction and China Construction to terminate the labor contract?
The maximum penalty for terminating the labor contract shall not exceed 20% of the total amount involved in the contract. Breach of labor contract refers to the behavior that one party to the labor contract intentionally or negligently violates the labor contract, which makes the labor contract unable to be performed or fully performed. Violation of the labor contract should bear the corresponding legal consequences according to the provisions of laws and regulations. The form of responsibility for violating the labor contract, that is, what kind of legal responsibility the breaching party should bear.
Second, how to determine the liquidated damages?
Liquidated damages can be divided into statutory liquidated damages and agreed liquidated damages.
1. Statutory liquidated damages refer to the liquidated damages in the applicable situation, proportion or amount specified by law;
2. The agreed liquidated damages refer to the liquidated damages agreed by both parties to the contract according to their respective applicable situations, proportions or amounts when signing the contract.
If there is no liquidated damages stipulated in the contract and the law does not stipulate the proportion or amount of liquidated damages, as long as the breach of contract causes losses to the other party, the breaching party shall pay compensation to the other party. The amount of compensation shall be determined according to the actual losses suffered by the other party. The parties may agree that when one party breaches the contract, it 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 breach of contract.
There is no specified proportion of liquidated damages, as long as both parties accept it. The proportion of liquidated damages depends on the specific content. If the developer delays the delivery of the house, the liquidated damages will be 2/10000; If the buyer breaches the contract, the deposit cannot be recovered, and if the seller breaches the contract, the deposit will be returned twice. Generally, it involves the content of the developer's breach of contract, and the compensation ratio is low.
3. What is the upper limit of liquidated damages?
1. If the contract only stipulates the principle of liquidated damages, but does not specifically stipulate the proportion or amount of liquidated damages, and the relevant laws do not clearly stipulate the proportion or amount of liquidated damages, it can be implemented in accordance with the general principles of liability for liquidated damages in the relevant laws of our country.
2. Generally speaking, the upper limit of the contract penalty shall not exceed 30% of the actual loss. But if it is too high or too low, you can ask the court to reduce or increase it.
3. The parties may agree that when one party breaches the contract, it 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 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.
Contract liquidated damages shall be subject to the agreement of the parties, and the law does not stipulate the upper limit of contract liquidated damages. Contract liquidated damages are mainly agreed by the parties, and the specific amount or calculation method can be agreed. If the agreed liquidated damages are too high or too low, the parties may request to reduce or increase them. If it is a deposit contract, the agreed deposit amount shall not exceed 20% of the subject matter of the main contract.