First, how to deal with the breach of labor contract
The treatment of breach of labor contract is as follows:
1。 The laborer broke the contract.
The employer can only agree on liquidated damages in two situations, namely: the employer provides special training and signs a service period with the laborer; The employer and the employee sign a non-competition agreement, and the employee violates the provisions of the agreement; Except in these two cases, no liquidated damages shall be agreed.
2。 The employer breaches the contract.
The employing unit shall, in accordance with the relevant provisions of the contract for breach of contract, bear the corresponding liability for breach of contract and pay the corresponding economic compensation to the workers.
Second, how to deal with the excessive liquidated damages in the labor contract?
The way to deal with the excessive liquidated damages in the labor contract is that the parties can request the people's court to reduce them appropriately. Zhaofa. com reminds you that according to Article 585 of the Civil Code, the parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, and may also agree on the calculation method of the amount of compensation for losses caused by breach of contract.
If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.
If the parties concerned pay liquidated damages for the delay in performance, the breaching party shall also perform the debt after paying the liquidated damages.
3. What are the situations in which the labor contract is invalid?
The labor contract is invalid as follows:
1。 The subject of the contract is unqualified. If the employed party provides false academic qualifications, degrees, professional and technical qualification certificates, the employing unit does not have recruitment qualifications, etc.
2。 The content of the contract is illegal, that is, the labor contract violates laws, regulations and good customs, or harms the public interests of the country and society.
3。 The meaning is not true. The labor contract is the product of mutual agreement and should be the true expression of the parties' intention. A labor contract concluded by means of fraud, threat, etc. is against one party's true will, so it is invalid.
4。 The contract form is illegal. This means that the labor contract is not in written form, the parties have not actually fulfilled their main obligations, or the labor contract that should be authenticated according to law or at the request of the parties has not been authenticated.
I hope the above contents can help you. If you have any other questions, please consult a professional lawyer.
Legal basis: Article 40 of the Labor Contract Law
Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:
(1) The employee is sick or injured outside the work, and cannot engage in the original work or other work arranged by the employing unit after the prescribed medical treatment period expires;
(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;
(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the contents of the labor contract after consultation.