Do You Agree To Stay In The Service Period?

"Is it lawful for an enterprise to help settle down in Beijing and require the workers to serve a specified number of years"? Under what circumstances should the workers pay their liquidated damages to the enterprises after their resignation? With these questions, the reporters interviewed some staff and business managers and consulted the Huairou Federation of trade unions.

The professional lawyer of the mediation center listened to relevant opinions and suggestions.

Staff viewpoint

No overlord clause should be attached to the arrangement.

"It is really tempting to solve the Beijing account as a condition of employment."

Liu Kun, a Henan employee, said in an interview with reporters that she had met in the job search to solve the problem.

As an inaugural condition, however, apart from this attractive condition, the other treatment offered to her is somewhat unacceptable.

"The company asked me to work in the unit for at least 10 years and gave it to me.

It's not very ideal. "

Liu Kun said that in addition to solving the attractive provisions of Beijing hukou, the contents of remuneration, benefits and promotion mechanisms have become "overlord clauses".

What Liu Kun most unacceptable is that she needs to work in the same job for 10 years. All the salary is fixed and there is no room for improvement.

"Because the unit has settled the account of Beijing, is it necessary for the workers to accept the overlord clause unconditionally?" Liu hung shook his head.

In addition, Liu Kun also believes that most of the time, the number of liquidated damages stipulated in the contract is not rational, and it is often a "astronomical figure".

Views of business managers

1., if you get the account, you will be dishonest.

"As we all know, settling accounts in Beijing is not an easy task. Some enterprises can take it as an employment condition, and they must have done a lot of work."

Lu Jiao, executive director of a foreign trade company in Beijing, believes that since job seekers have signed the terms "settling accounts in Beijing and adhering to the 10 year of employment" when signing labor contracts, workers should stick to their work, which is a matter of honesty.

"In fact, for many enterprises, solving the problem of employee residence accounts is actually helping enterprises to solve practical difficulties, but there are many employees who are only able to see that enterprises can solve the benefits of Beijing accounts so that they can sign contracts with enterprises."

Lu Jiao believes that although the exchange of accounts and work for ten years is not equal to each other, but if employees just sign for Beijing accounts and achieve their purpose, they will resign. Such behavior is clearly against integrity, and it is very necessary for enterprises to ask for appropriate penalty.

Of course, Lu Jiao also listed many welfare contents, including settling accounts, distributing housing or vehicles.

"These welfare provisions are valuable, enterprises can provide such generous treatment, showing sincerity."

Lu Jiao said that after the resignation of a breach of contract, workers should at least return the distribution of housing and vehicles to the enterprises. As for the cost of settling accounts, they should also be borne by workers.

2., we want to use the huge breach of contract to deter employees from jumping jobs.

"In fact, we also know that the agreement to help employees settle in Beijing requires 10 years' work is somewhat defective.

In an interview with reporters, Mr. Liu, executive director of an enterprise in Beijing, said that the reason why he knew the provision was not good was to write it in the talent introduction agreement, which was mainly used to deter employees by high default penalty, so as to prevent employees from jumping job hopping.

Mr. Liu acknowledges that most workers are not familiar with the relevant provisions of the labor law on "liquidated damages for breach of contract", and enterprises are also taking advantage of the shortage of relevant legal knowledge of workers.

"In fact, it is a helpless thing for an enterprise to make such an agreement."

Mr. Liu said that enterprises cherish talents, and enhance their competitiveness through introducing accounts, housing and vehicles.

However, as an enterprise side, it is still worried that employees only aim at settling accounts, but enterprises are merely stepping stones for workers to advance further.

"And the existence of a huge amount of liquidated gold, the deterrent effect is also very obvious."

Mr. Liu told reporters that in his company, most employees who accepted the terms would choose to work in silence for 10 years. On the one hand, the company gave workers enough excellent working environment and promotion space, and on the other hand, employees also insisted on honesty.

"Such a situation is what enterprises and employees want to see."

Mr. Liu said.

Lawyer's statement

By "settling down", the service period is invalid.

"I personally believe that the agreement for enterprises to help employees to settle in Beijing for ten years should be invalid."

During the interview, Yu Yingying, a mediator of the Huairou labor union dispute center and a lawyer from Beijing Ying Ke law firm, told reporters that the labor contract law stipulates that the breach of contract provisions can only be applied in violation of the terms of service or violation of trade secrets, confidentiality related to intellectual property rights and the provisions of the competition restriction system.

"In this case, it is not in the category of liquidated damages for enterprises to settle the accounts of employees in Beijing."

Yu Yingying said that when workers violate the provisions of the service period, the regulations on the implementation of the labor contract law stipulate that there are several situations in which workers should pay liquidated damages in accordance with the labor contract: workers seriously violate the rules and regulations of the employing units; the workers seriously neglect their duties, engage in malpractices, and cause serious harm to the employing units; the laborers establish labor relations with other employers at the same time, which seriously affect the completion of the work tasks of the unit, or refuse to make corrections by the employing units. Labourers use fraudulent or coercive means or take advantage of the danger, and use the units to make or change the labor contracts in violation of the true meaning, and the workers are investigated for criminal responsibility according to law.

However, the penalty for the period of service payment shall not exceed the total amount of training expenses paid by the employer for the worker's professional skills.

"19 stipulations of the Beijing labor contract", concluding a labor contract can stipulate that the worker shall be liable for breach of the labor contract in advance, and the maximum amount of liquidated damages paid by the laborer to the employer shall not exceed that of the 12 months before the termination of the labor contract.

However, workers and employers agree to terminate the labor contract.

Lawyers reminded that local laws and regulations may be slightly different throughout the country.

The implementation of the provisions of the Beijing labor contract is February 1, 2002, and the implementation date of the labor contract law is January 1, 2008. The new law is better than the old one.

During the interview, the lawyer also suggested that if employees encounter similar provisions in the process of job hunting, they should be careful to sign contracts so as not to cause unnecessary trouble in the future.

At the same time, she suggested that enterprises should adopt a reasonable and lawful way to retain talents, such as providing employees with generous remuneration, ideal promotion space and opportunities for self realization.