Can The Company Stipulate That The Old Band Can Be Liquidated According To This Agreement?
Mr. Chen of Anshan asked: in March last year, Xiao Chen signed a two-year term with a mold company.
Labor contract
。
According to the contract, Xiao Chen is engaged in electrical pulse work, and is trained by the company in a new way.
As Xiao Chen did not have any technology before, the company specifically stated in the labor contract: after mastering the electrical pulse technology, the company must be in the company for two years, and may not resign for any reason, or pay a penalty of 2500 yuan.
In October, Xiao Chen submitted a written resignation report to the company. He left the company 1 months later and asked the company to pay wages in October and November.
The company agreed to pay less than 2500 yuan of liquidated damages, and then pay a few hundred yuan surplus wages.
Is the company legal?
Answer: according to the twenty-second, twenty-third and twenty-five provisions of the labor contract law, employers and workers can agree only in two situations.
Penalty for breach of contract
First, the two sides agreed.
Term of service
Two, the two sides have agreed on the terms of competition.
Xiao Chen's position and the training emphasized by the employer are not in conformity with the two situations stipulated in the twenty-second articles of the labor contract law and the twenty-third regulations. Therefore, the penalty for breach of contract between the two parties is invalid.
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There are a lot of contradictory things in the process of enterprise management and management. It is difficult to find very absolute problems, and there is seldom a single best answer.
If we always use the "either or other" way of thinking, problems will often be difficult to solve, or even lead the problem to a blind alley.
Therefore, professionals should be good at adapting to contradictions, avoiding absolute problems, having broad thinking, and not sticking to successful experiences, both in this way and in pursuit of the openness of solutions.
"The future is not welcome, it is neither love nor miscellaneous". Zeng Guofan's meaning is that we should not be too reluctant to accept those past events; what we should do now should be clear and orderly; what may happen in the future is not yet in sight.
This can be said to be a career summary of Zeng Guofan's life.
Professionals should be good at choosing the most important things and devote all their energies to solving them. Some things need to be forgotten quickly.
Personally, the ability to execute is the ability to do things well, which is the basic ability of all professionals.
If we fail to do what we can and fail to do so, the professional people will lack the foundation of their careers. All the ideas will be reduced to dreams. All problems will still be problems and even become more serious problems.
Having these 8 abilities is the premise and foundation for successfully solving problems.
We should try our best to cultivate these abilities in our normal work process.
When problems come, we will take the initiative and deal with them flexibly.
Dealing with problems, seeking survival and development is the fundamental purpose of our professional people.
The ability to cultivate is also to solve problems. All our actions must be directed towards solving problems.
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