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Contract of labor of the autograph before new law is carried out finds new job t
From;    Author:Stand originally

New promulgate " labor contract law " regulation, the unit cannot beg to abdication employee again penalty due to breach of contract, will employee find new job to need not pay penalty due to breach of contract henceforth? Citizen plum gentleman sought advice to mayor mailbox recently. Labor department and relevant expert explain: Before new law applies, agreed of penalty due to breach of contract, even if when after next year new law applies, find new job again, penalty due to breach of contract still must be illuminated.


Mr Li is south bank area the worker of a state-owned company. He says, oneself took a plant 2005, signed labor contract with the manufacturer, conventional penalty due to breach of contract 7000 yuan. According to the agreement, mr Li should serve 6 years in the factory, if dissatisfaction serves deadline to resign, want to pay penalty due to breach of contract.


For this, mr Li sends letter mayor letter box, seek advice: Oneself want to leave a company now, if shift to an earlier date to submitted abdication application to the company in January, whether to reach penalty due to breach of contract even?


City works and social security bureau says in the reply the day before yesterday, before labor contract law was carried out on January 1, 2008, both sides should be dealt with by the agreement of labor contract. " labor contract law " after applying, what unless laborer is accepted,cross an unit is special groom, or have confidential agreement and agreement of limitation of contest course of study, unit of choose and employ persons must not agree with laborer penalty due to breach of contract.


So, if Mr Li when resign again after January 1, 2008, need not pay penalty due to breach of contract? The expert explains yesterday, " labor contract law " specific provision, before this law applies, already concluded lawfully and the labor contract that puts add in the day that this law applies, continue to fulfill. That is to say, in the labor contract that already concluded lawfully before January 1, 2008, the legal laws and regulations when otherwise breach of contract concludes, be in " labor contract law " after applying, although partial clause does not accord with new code to decide, also should regard as continue effectively to fulfill. Accordingly, although Mr Li when resign again after January 1, 2008, wanted to violate bilateral agreement only, the unit still has authority to beg to its penalty due to breach of contract.


The person that the expert reminds to apply for a job, want unit of vigilant choose and employ persons to use at present this paragraph transfers period, grab before new law applies with take provision of employee agreement penalty due to breach of contract newly, the freedom that limits employee flows. Expert proposal, to apply for a job person if mix,” of unit “ negotiation won'ts do, might as well use protracted tactics, when labor contract is signed again after new law applies.
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