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落户后、服务期满前离职要不要赔偿?最高法明确了
Xin Jing Bao· 2025-08-01 06:55
Core Viewpoint - The Supreme People's Court has clarified the legal implications of compensation for early termination of labor contracts when special benefits, such as household registration, are provided by employers, indicating that employees may be liable for damages if they breach the contract without valid reasons [1][2]. Group 1: Legal Clarifications - The Supreme People's Court issued an interpretation stating that if an employer provides special benefits and the employee terminates the contract early without valid reasons, the court may require the employee to compensate for losses based on various factors [1]. - The interpretation specifies that compensation is not limited to a fixed penalty but can be determined by the actual losses incurred by the employer and the degree of fault of the employee [1]. Group 2: Case Example - In a specific case, an employee named Li signed a contract agreeing to work for ten years in exchange for the employer facilitating his household registration, but he resigned after three years, leading the employer to seek 300,000 yuan in damages [2]. - The court ruled that while the agreement on service period and penalty was not supported, the employee's actions violated the principle of good faith, justifying compensation for the employer's losses [2].
服务期是什么?违反服务期约定要支付违约金吗?
蓝色柳林财税室· 2025-05-14 14:55
Core Viewpoint - The article discusses the legality and implications of service period agreements in labor contracts, particularly regarding training costs and penalties for breach of contract [2][4]. Group 1: Legal Framework - According to Article 22 of the Labor Contract Law, employers can establish a service period agreement with employees who receive specialized training, allowing for penalties if the employee breaches this agreement [2][4]. - The penalties for breaching the service period cannot exceed the training costs incurred by the employer, and should be proportionate to the unfulfilled portion of the service period [2][4]. Group 2: Training Costs - Training costs include documented expenses for professional training, travel costs during training, and other direct expenses related to the employee's training [3]. Group 3: Contractual Obligations - If the labor contract expires but the agreed service period has not yet concluded, the contract must be extended until the service period is fulfilled, unless otherwise agreed by both parties [5]. - The agreement on the service period does not affect the normal wage adjustment mechanisms, allowing for potential increases in employee compensation during the service period [6].