"Workplace Elopement" Carefully Claims For Breach Of Contract

"Dear friends and colleagues, I gave up everything and ran away with X."

A while ago, along with the famous investor Wang Gongquan elopement incident was heated up, its "elopement" was also imitated by many people in the workplace. On micro-blog and QQ signature, "elopement quotes" blossom everywhere.

Turn off the cell phone leave, have "elopement travel strategy"; excuse for going out for business and doing some idle shopping, called "running away from the class"; in a bad mood, job hopping, leaving "elopement resignation letter" to leave.

On the Internet, there are also a group of young people in the workplace, who are posting "run away group" to encourage themselves to follow the mood and follow the free path.

But have you ever considered that you can afford to be "cool" after your elopement?

The skill of Adu, the chef, is very famous in the circle. His hotel is located in the center of the city and has a good business and works overtime every night.

Adu has no other hobby. He likes watching basketball matches.

Usually busy, but once in the NBA League, he was not able to keep up with him. He always refused to work overtime.

He knew clearly that it was impossible to work as usual and not miss any game.

So before this year's NBA finals, he simply resigned to the company.

At that time, the personnel manager of the company was shocked: How did you say you wanted to go?

The company still has several files to do.

Last,

Adu thought, these money can fly to the United States to watch the game, I came to the company before the super chef, the company did not send me out to train, why should I buckle so much money?

Is the restaurant legal?

It should be said that the employer must terminate the labor contract with statutory reasons, and the resignation of workers does not need to explain the reason. This is the tilted protection of the labor law for labourers.

But can we collect the penalty?

The labor contract law stipulates that employers can provide special training expenses for workers, and if they engage in professional and technical training, they may conclude an agreement with the worker and stipulate the service period.

If a worker violates the stipulations of the service period, he shall pay liquidated damages to the employer in accordance with the contract.

Therefore, in addition to the two conditions stipulated by specialized technical training for special training costs and the restriction of competition, the workers shall not be allowed to pay liquidated damages.

The penalty clause signed by Adu and the hotel violates the law and should be invalid.

As for wages, Adu's labor income is not allowed to be deducted because of his resignation.

However, if the worker terminates the labor contract in advance without any reason, he should notify the employing unit in writing 30 days in advance. He should notify the employing unit in writing 3 days ahead of schedule during the probation period, otherwise it will also be a breach of contract. The employer can claim the actual loss caused by the advance notice in accordance with the law.

In the above case, although the hotel can not ask Adu to pay.

In fact, Adu refused to arrange overtime for the company to watch the ball game.