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I just graduated from college and signed a labor contract. There are liquidated damages in the employment agreement. I want to resign during the probation period. Do I need to pay liquidated damages?
I just graduated from college and signed a labor contract. There are liquidated damages in the employment agreement. I want to resign during the probation period. Because internal training is not special training, I don't have to pay liquidated damages.

Article 22 of People's Republic of China (PRC) Labor Contract Law? If the employing unit provides special training expenses and conducts professional technical training for the workers, it may conclude an agreement with the workers 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 amount of liquidated damages shall not exceed the training expenses provided by the employer. The liquidated damages that the employer requires the laborer to pay shall not exceed the training expenses that should be shared for the unfinished part of the service period.

If the employer and the employee agree on the service period, it will not affect the employee's improvement of labor remuneration in accordance with the normal wage adjustment mechanism during the service period.

After the graduates report to the employer, the tripartite agreement is terminated. At this time, the employer will sign a formal labor contract with them, which stipulates the probation period, service period, salary and other benefits of the workers in the unit. After the contract is signed, the two parties formally determine the labor relationship.

Extended data:

Article 37 of People's Republic of China (PRC) Labor Contract Law? The employee may terminate the labor contract by giving a written notice to the employer 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.

Article 77 of People's Republic of China (PRC) Labor Contract Law? If the legitimate rights and interests of workers are infringed, they have the right to ask the relevant departments to deal with them according to law, or apply for arbitration or bring a lawsuit according to law.

Article 79 of People's Republic of China (PRC) Labor Contract Law? Any organization or individual has the right to report violations of this law, and the labor administrative department of the people's government at or above the county level shall promptly verify and deal with them, and reward those who report meritorious deeds.

Baidu Encyclopedia-People's Republic of China (PRC) Labor Contract Law

Baidu Encyclopedia-Employment Agreement for Graduates of National Colleges and Universities