How Can Employees Fail To Work During The Service Period?

The twenty-second provision of the labor contract law stipulates: "employers can provide special training expenses for workers, and if they engage in professional and technical training, they may conclude an agreement with the worker and stipulate 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. "

That is, the premise that the employer can ask the worker to ask for liquidated damages is limited to "

Breach of service period agreement, that is, breach of contract.

Labor contract breach refers to the action that one party of a labor contract violates the labor contract intentionally or negligently, resulting in the failure or fulfilling of the labor contract.

In this case, you can find that your actions do not have the requisites for breach of contract: on the one hand, you can not go to work because of traffic accidents, and you do not want to affect your work due to disability. From the point of view of the traffic police department, you also do not see the occurrence of the injury. It should be foreseen because of carelessness and unforeseen or foreseeable but credulous avoidance, that is, there is no intention or fault.

On the other hand, enterprises

The sixth provision of medical treatment for sick or non occupational injuries "stipulates:" the employees of an enterprise are not subjected to work-related disability and are found to be difficult to treat by doctors or medical institutions. If the medical treatment is terminated during the medical treatment period, they can not engage in the original work or engage in the work arranged separately by the employing units. The labor appraisal committee shall appraise the labor capacity according to the appraisal standard of the degree of disability caused by occupational injuries and occupational diseases.

Being identified as one to four grades, they should withdraw from their work posts and terminate.

To handle retirement and retirement procedures, enjoy retirement and retirement treatment; be identified as grade five to ten, and shall not terminate the labor contract during the medical period.

After the end of the medical treatment, you can not only engage in the original work, nor engage in the work arranged separately by the company, but also be identified as grade three disability by the labor appraisal committee, though it means that the company can let you withdraw from the labor position and terminate your labor relationship, but because your behavior is not a breach of contract, it decides that the company has no right to pursue your liability for breach of contract.