To put it simply, what you said includes two aspects.
First: if it is a probation contract, you can leave your job at any time, and the company can also kick you out at any time.
Second: after signing a labor contract, you can leave your job at any time, and the labor contract stipulates that the employee shall bear it.
There are only two kinds of liquidated damages: according to the provisions of the Labor Contract Law, under normal circumstances, workers are not liable for liquidated damages, and only in the following two cases can employers agree that workers should bear liquidated damages:
The first is the liquidated damages for the agreed training service period. Article 22 of the Labor Contract Law stipulates that "if an employer provides special training fees for laborers and provides them with professional and technical training, 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 second is to agree on non-competition penalty. Article 23 of the Labor Contract Law stipulates: "The employer and the employee may agree in the labor contract to keep the business secrets of the employer 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. "
So, basically, you can leave if you want.
B. makeup training school signed up, I don't want to learn. I asked for it, but they didn't give it, saying that the contract was effective, but I didn't give it.
Because this is a personal reason, not a school problem. The contract is signed, and if you sign it, it will have legal benefits.
C. A college student signed a training contract with a training institution, and now he feels cheated and wants to cancel the contract. The contract only says that he feels useless after the training.
How much is a part? A part? A penny is part of it.
D. Hello, we have signed a contract with a dance training institution.
Go to the local labor department to complain.
Preserve relevant evidence
E. I signed a training school transfer contract, and both parties signed it without sealing it. I have already paid a sum of money. The contract stipulates that both parties should sign and relevant documents should be published.
Yes, but I think it's hard to get it back. Only you can urge the personnel department to get the relevant materials and seals ready quickly.
F. I signed a contract with a training institution, which provides a third-party platform for installment payment. I look a bit like a liar, but what if I sign the contract?
Don't worry, if this organization is suspected of fraud, then the contract you signed is invalid. As a lesson, the contract is not signed casually.
G. the training school registered by the industrial and commercial bureau signed a contract when entering the school, but I didn't know the contents of the contract at that time, so I entered the school less than a week after signing it. I was dissatisfied with the school and didn't give a refund.
Your cooperation agreement is a civil act. According to the Contract Law of People's Republic of China (PRC), as long as the conditions for the establishment and effectiveness of civil juristic acts are met, they are valid and protected by law. As for going to the industrial and commercial bureau for registration, that is the behavior of individual industrial and commercial households after the establishment of the company, which has nothing to do with the effectiveness of the cooperation agreement.
According to the Contract Law of People's Republic of China (PRC):
Article 2 A contract as mentioned in this Law is an agreement between natural persons, legal persons and other organizations with equal subjects to establish, change and terminate the relationship of civil rights and obligations. Other laws shall apply to the agreements on identity relations such as marriage, adoption and guardianship.
Article 3 The parties to a contract have equal legal status, and one party may not impose its will on the other.
Article 4 The parties have the right to voluntarily conclude a contract according to law, and no unit or individual may illegally interfere.
Article 5 The parties shall follow the principle of fairness to determine the rights and obligations of all parties.
Article 6 The parties shall follow the principle of good faith in exercising their rights and performing their obligations.
Article 7 When concluding and performing a contract, the parties shall abide by laws and administrative regulations, respect social morality, and shall not disturb social and economic order or harm social and public interests.
Article 8 A legally established contract is legally binding on the parties. The parties shall perform their obligations as agreed, and shall not alter or terminate the contract without authorization. Contracts established according to law are protected by law.
Article 10 Form of contract
The parties may conclude a contract in writing, orally or in other forms. If laws and administrative regulations stipulate that it should be in writing, it should be in writing. If the parties agree to use written form, it shall be in written form.
Article 11 Written form
Written form refers to contracts, letters and data messages (including telegrams, telexes, faxes, electronic data interchange and e-mails) and other forms that can tangibly express the content.
Article 12 the contents of the contract
The contents of a contract are agreed upon by the parties, and generally include the following terms: (1) the name and domicile of the parties; (2) Subject matter; (3) quantity; (4) quality; (5) Price or remuneration; (6) Time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods for resolving disputes. The parties may conclude a contract by referring to the model texts of various contracts.
(7) Beijing Zhuo Le Art Training School changed after the contract was signed. Extended reading:
Three suggestions for starting a company in partnership with friends: communicate as soon as possible;
Rule 1: Be sure to keep communication as soon as possible and often.
It is the key for friends to work in partnership and establish the rules of communication inertia between partners. Just because you are all full of careers doesn't necessarily mean that you agree with every decision.
Article 2: Roles and responsibilities must be clearly defined, but cross-training is allowed.
Although the initially defined roles and responsibilities are essential, they may not be enough. With the growth and development of enterprises, the role of partners will constantly change. At the beginning, everyone has his own responsibilities, but what should we do when new tasks appear? In order to keep the roles clear, continuous dialogue is necessary.
Article 3: Friendship always comes first, if you don't think business comes first.
Partners must correctly understand the friendship when the relationship is hot, and sometimes you may have to make a decision to hurt other partners for the benefit of the enterprise. Always reflect on yourself, everything is for the prosperity of the company.
H. After attending the training of training institutions, it is found that the contract is inconsistent with the actual situation after signing. Can the contract be terminated?
According to the law, the injured party has the right to request the people's court or the arbitration institution to modify or cancel the agreement because of a major misunderstanding, obviously unfair, or an agreement entered into by one party in violation of its true meaning by means of fraud, coercion or taking advantage of the danger of others. In practice, there are many serious misunderstandings and obviously unfair cases of claiming compensation again. "Major misunderstanding" is from the perspective of expression of will, that is, when the parties sign an agreement, they make mistakes in judging the state of affairs for some reason and sign the agreement with a major misunderstanding mentality, which is not their true expression of will. And "obviously unfair" is mainly from the perspective of damage consequences. That is to say, when the actual loss of the infringed party far exceeds the expected loss, and the interest difference exceeds the limit permitted by law, you can apply to the court for cancellation of the compensation agreement on the grounds of "obviously unfair". To judge whether it belongs to obviously unfair, we should consider it from both subjective and objective aspects, whether the injured party lacks due understanding of the behavior content due to lack of experience and skills when signing the contract, and whether the agreement has caused a huge difference between the actual loss and the expected loss. If the loss gap is not large, or the parties should have a clear understanding of their own actions and consequences when signing the contract, they cannot ask for dissolution or change of the agreement; On the other hand, you can ask to cancel or change the agreement.
First, what should I do if I start signing a contract for half a year and then sign a contract for another year after I go to a training institution?
Signing a contract should be an expression of the true meaning of both parties. If you don't approve, you can refuse to sign, and you must not be "signed". I suggest you consult a lawyer according to law!
J. signed a training contract with the school for life. Later, the school closed down and I couldn't find my own contract. Is it impossible to ask for a refund?
You need to provide evidence to prove that there is a training relationship between you and the school before you can ask for a refund.
Lawyer Ding Sheng of Zongheng Law Network