However, this situation needs specific analysis.
Because Miss Liu signed the contract before the implementation of the Labor Contract Law, it was implemented in accordance with the Labor Law. Therefore, suppose Miss Liu asks to resign in May next year and needs to pay liquidated damages. (from the old principle)
Please understand that if the new law is implemented, everything in the past will be denied and the world will be in chaos. In order to protect citizens' personal rights, all laws, except criminal law, stipulate the principle of lighter punishment, and other laws deal with problems according to the original time point. Otherwise, do you think that if we sign a labor contract according to the law at that time, and now there are new ones, such as benefiting workers, then the new law will be adopted. Who can guarantee the rights of management? The implementation of the Labor Contract Law is to protect the future.
"Excuse me, before the implementation of the new labor contract law, is it legal to sign a liquidated damages contract according to the labor law? Can it be understood as an invalid clause? "
Legitimacy is an effective clause.
Note that the labor law has specific provisions on the scope of liquidated damages, and violation of those provisions will be invalid! !
Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of People's Republic of China (PRC) Article 23 The employing unit may stipulate in the labor contract the payment of the training fee for the employee's vocational skills and the compensation for the training fee when the employee breaches the contract, but the standard for the payment and compensation for the training fee when the employee breaches the contract shall not violate the Measures for Compensation for Violation of the Labor Law (No.223 issued by the Ministry of Labor [/KLOC-0]).
Labor Contract Law: Article 22 Where an employing unit provides special training fees and professional technical training for laborers, 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 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.
Article 23 The employer and the employee may agree in the labor contract to keep the employer's business secrets 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.
Article 25 Except under the circumstances stipulated in Articles 22 and 23 of this Law, the employing unit shall not agree with the laborer that the laborer shall bear the liquidated damages.
However, it should be noted that the contracts signed before June+10/October 1 June 65438 are in compliance with the provisions of the labor law.