Payment Of Penalty Shall Not Exceed The Statutory Standard.

In January 1, 2013, a Machinery Manufacturing Co., Ltd. signed a 5 year labor contract with Zhang. In order to improve Mr. Zhang's Vocational and technical skills, a machinery manufacturing company sent Zhang to a training institution in Shanghai to take part in the training of professional skills in March 29, 2013. Before training, both sides signed a training contract. The contents of the training contract eleventh are: "the training fee (including training period wages and welfare benefits, training fees, transportation costs, accommodation and meals) is 12000 yuan. In order to safeguard the legitimate rights and interests of the two sides, when he left a mechanical manufacturing company for personal reasons (including resignation, dismissal, expulsion, etc.) in the 3 years after the end of his training, he was required to pay a penalty for a certain machinery manufacturing company limited to 300% of the training cost.

In March 31, 2015, Zhang resigned without any formalities. In May 4th, a machinery manufacturing company lifted Zhang's labor contract on the grounds of Zhang's absenteeism. In June 15th, a machinery manufacturing company applied for labor arbitration, asking Zhang to pay 12000 yuan for breach of contract according to the training contract. In the end, Zhang was sentenced to pay 4000 yuan for a machinery manufacturing company.

Training for a mechanical manufacturing company and Zhang Contract Both sides expressed their true meaning. Zhang resigned for personal reasons during the service period. He should be held liable for breach of contract. " Labor Contract Law "The twenty-second provision provides:" employers shall provide special training costs for workers. Professional technology The trainer may conclude an agreement with the worker and agree on 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. The amount of penalty shall not exceed the training fee provided by the employer. The liquidated damages paid by the employer to the laborer shall not exceed the training expenses that should be apportioned in the part of the service period that has not yet been fulfilled. "

The amount of liquidated damages stipulated in a training contract signed by a machinery manufacturing company and Zhang is too high, which exceeds the cost of training fees. And from March 2013 to March 2015, Zhang has fulfilled two years' service period obligations, and the cost of the services allocated in the past two years should be deducted from the liquidated damages. Therefore, a mechanical manufacturing Co., Ltd. asked Zhang to pay a liquidated damages request for arbitration can only be partially supported.

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Lee went to a company in Mengyin county to work as a technician in April 1, 2013. The two sides signed a labor contract for a period of 3 years. The contract did not specify the place of work, but the actual place of performance was in the county seat. In August 30, 2015, due to the expiration of the lease contract, the company finally failed to continue to sign the lease contract. The company finally decided to move to the head office of another county town. As early as July 30th, the employees of the company would inform Li about 30 days ahead of the relocation, and make clear the company's conditions such as shuttle buses, accommodation and so on. Lee did not want to continue to fulfill his labor contract in the new workplace. The company then lifted Lee's labor contract and paid the economic compensation for the termination of the labor contract according to law. Li believes that the labor contract has not yet expired and the company unilaterally dissolves the law and should pay the compensation. The arbitration application is submitted to the local labor and personnel dispute arbitration committee for payment of the illegal labor contract compensation.

The Arbitration Commission has concluded that the labor contract can not be changed after the conclusion of the labor contract, and that the labor contract between the employer and the worker can be changed through consultation. According to the fortieth and forty-sixth provisions of the labor contract law, the objective situation on which the labor contract is concluded has changed significantly, resulting in the failure of the labor contract to be fulfilled. If the employer and the laborer fail to reach an agreement on changing the contents of the labor contract, the employer can terminate the labor contract 30 days in advance. If the employer terminates the labor contract in accordance with the fortieth provision of this law, the employer shall pay the financial compensation to the laborer. In this case, the reason why the company changed its address is due to the expiration of the lease contract, instead of subjectively intentional relocation, and providing the staff with remedial measures such as shuttle buses, accommodation and other places as a change address. There is no obstacle to the continuous performance of the contract. In the case of Li's disagreement, the company's termination of the labor contract is part of the fortieth provision of the labor contract law, which is not illegal. Moreover, the company has paid the economic compensation for the rescission of the labor contract according to the regulations.

Finally, the Arbitration Commission dismissed Lee's request for arbitration.