Zhang Mingqing (pseudonym) works in an environmental protection technology company, and at the beginning of his work, the company organized professional and technical training abroad, and the company agreed with Zhang Mingqing for a five-year service period.
After Zhang Mingqing went to work for a year, he found that his unit had not paid social security at all. Zhang Mingqing wanted to ask the unit to pay social security and terminate the labor contract, but the unit said that the service period had not expired and asked Zhang Mingqing to pay 100,000 yuan in liquidated damages, and Zhang Mingqing consulted a lawyer.
The lawyer explained that, 1. The Regulations for the Implementation of the Labor Contract Law stipulate that if the employer and the employee have agreed on the service period, and the employee terminates the contract in accordance with Article 38 of the Labor Contract Law, it is not a violation of the service period agreement, and the employer shall not require the employee to pay liquidated damages.
2. Article 38 of the Labor Laws stipulates that if the employee fails to pay social insurance in accordance with the law, the employee may terminate the contract.
3. The employer has the right to require the employee to pay liquidated damages if the employee resigns without reason, seriously violates the rules and regulations of the employer, commits serious dereliction of duty by the employee, commits fraud for personal gain, causes major damage to the employer, establishes labor relations with other employers at the same time, concludes a labor contract by fraud or coercion or takes advantage of the danger of others, or is investigated for criminal responsibility according to law.
4. Accordingly, the employer's failure to pay social security for Zhang Mingqing was at fault, and according to the law, Zhang Mingqing's claim that the termination of the labor contract was not a violation of the service period and did not need to pay liquidated damages of 100,000 yuan.
5. If the employer fails to pay social security for the employee in accordance with the law, and the employee requests to terminate the contract, the employer shall pay economic compensation. Your attention is the greatest encouragement to the author!The article is updated every day, please pay attention and continue to share, thank you !!