不缴社保职工管理辞职 要求支付违约金无据(Do not pay the social security workers management resignation requirements to pay liquidated damages unfounded).docVIP
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不缴社保职工管理辞职 要求支付违约金无据(Do not pay the social security workers management resignation requirements to pay liquidated damages unfounded).doc
不缴社保职工管理辞职 要求支付违约金无据(Do not pay the social security workers management resignation requirements to pay liquidated damages unfounded)In August 30, 2010, Wang signed a labor contract with a company of Changle for a period of 5 years. Wang entered the company after the company also signed a special technical training agreement agreement: the company provides professional and technical training for the service period of 10 years, Wang, Wang if leaving office early, to the company to pay liquidated damages 50 thousand yuan. After that, the company carried out a series of special training for Xiao wang. In May 15, 2011, Wang resigned and asked the company to terminate the labor relations procedures and transfer personnel files. The company agreed to transact the procedure for Xiao Wang, but the premise is that Wang paid the liquidated damages of 50 thousand yuan according to the agreement. In August 5, 2011, Wang complained to the county labor and personnel security supervision brigade.??? the staff survey, the company believes that, according to the labor contract law provisions of article twenty-second, professional and technical training agreement signed with Wang legitimate, now Wang resignation shall pay liquidated damages in accordance with the provisions of the agreement and the legal. Wang believes that he should not pay liquidated damages, because the company did not pay their social insurance premiums, breach of contract prior to.The staff believes that the twenty-second article of the labor contract law only stipulates the payment of liquidated damages and calculation methods, does not explain the premise of payment of liquidated damages. The workers in the service period no matter what grounds are whether the rescission of labor relationship shall pay liquidated damages, labor contract law did not make a clear explanation, but the labor contract law Regulations for the implementation of the provisions of article twenty-sixth: employers and workers of the servi
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