The Labor Law gives an employee the right to resign, and the employee may terminate the employment contract by notifying the employer in writing 30 days in advance. So, should an employee be paid liquidated damages if he or she does not resign one month in advance?
According to the provisions of the Labor Contract Law, the employer shall not agree with the employee that the employee shall bear the liquidated damages, except in the case of breach of the service period agreement and the violation of the non-compete agreement. Therefore, even if the employee does not notify the employer in writing 30 days in advance, the employer has no right to claim liquidated damages from the employee in accordance with the liquidated damages clause agreed in the employment contract.
Although employees have the right to resign, they must also comply with the legal procedure of notifying the employer in writing 30 days in advance. Otherwise, the employer may claim compensation for the direct economic losses caused by the employee. In addition, according to Article 50 of the Labor Contract Law, when the employer and the employee terminate or terminate the labor contract, the employee shall handle the work handover in accordance with the agreement between the two parties. If the employee fails to handle the work handover in accordance with the employer's regulations, he or she shall also be liable for compensation for the losses caused.