The Teacher Repaid The School'S Refund After Being Liquidated.

"Labor contract law" clearly stipulates that in addition to providing special training after the appointment of the service period, violation of the two conditions such as competition agreement, the employer shall not agree with the workers by the workers to bear the penalty, the two situations are not consistent with me.

When I left school, I was compelled to pay 15 thousand yuan for breach of contract. When I applied for arbitration, I was told to refuse to accept the refund, and the court action was dismissed.

How could this be the result? "Cheng Xiaoya looked puzzled as he looked at the verdict.

After explanation by the trade union mediator, Cheng Xiaoya realized that he signed a contract for personnel appointment with the unit, and in accordance with the provisions of the trial method of the employment contract system of Beijing public institutions and the terms of the employment contract signed by both parties, it was not illegal for the school to collect the penalty from her.

Cheng Xiaoya suddenly realized: "it turned out that I understood the law."

In August 1, 2011, Cheng Xiaoya, 31, was pferred to a public school in Beijing as a teacher.

At the time of entry, the school signed a one-year Employment Contract with her.

Cheng Xiaoya studied normal school when he was in University, and also became a teacher after graduation.

Because she has a unique teaching method, she is not only loved by her classmates, but also the students in her class have become the first in her grade.

For this reason, she is getting more and more attention in school. Many parents even want to pfer their children to her class.

So when the employment contract expired, the school renewed the contract with her for a period of three years.

Cheng Xiaoya's husband is also a teacher. When the two men are busy, she gets his mother from Beijing to help them care for their 3 year old daughter.

At the beginning of 2013, Cheng Xiaoya's father was paralyzed in bed, and his mother went back to her hometown.

My daughter is in kindergarten, and it's a problem everyday.

The couple decided to change Cheng Xiaoya to a work unit and pfer to a school close to home so that they could solve the big problem.

So before school summer vacation in July 2013, Cheng Xiaoya found the headmaster and introduced him to his family. He said he wanted to pfer to a school near home, and asked the school to find someone to replace her as soon as possible.

Although the principal did not want her to leave, she considered the reality of her family and agreed to do so.

The teacher immediately agreed to her assignment and to terminate the employment contract in advance.

"By November 2013, the school had recruited 5 teachers, and had a strong business ability.

At that time, only one of my schools was going to be pferred. I thought that this time I could go through the formalities smoothly, and at the end of November, I formally submitted the application for pfer.

Cheng Xiaoya said, after several days, the headmaster talked to her, indicating that the school is improving the whole.

I hope she can stay for half a year and teach her teaching methods to other teachers.

In view of her practical difficulties, the school could not arrange for her to do so.

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Cheng Xiaoya refused: "the school I want to go to is in other districts and counties, and it is a key school in the district. It took a lot of energy to agree to me, and maybe there will be no entry Quota until next semester."

The principal told her: "after a meeting of the school leaders, the final decision is made. If you insist on removing the school, the school agrees to release the person and terminate the contract with you.

However, due to the expiration of the employment contract, you must pay a penalty fee of 100 thousand yuan in accordance with the contract. "

"100 thousand yuan? Isn't that sky high?" Cheng Xiaoya stared in astonishment.

Then, several Vice Chancellor and grade director of the school talked to her repeatedly, and advised her to stay. But Cheng Xiaoya insisted that it was hard to go: "don't give me the next semester's work. Even if the school doesn't let me go, it won't give me any change. I will not teach here next semester."

Cheng Xiaoya wanted to pfer but did not want to pay the high penalty for breach of contract. After more than ten consultations, the school reduced the penalty amount to 15 thousand yuan.

She did not want to pay the money, but the deadline for mediation was approaching.

Helpless, she paid the breach of contract, the school gave her a "training fee" receipt, and handled the relevant procedures for cancels the employment contract.

At last, the work was successfully mobilized, but Cheng Xiaoya was worried about paying 15 thousand yuan for the original unit. "I looked at the labor contract law," twenty-second of which stipulated that the employer should provide special training fees for the laborers.

If a worker violates the stipulations of the service period, he shall pay liquidated damages to the employer in accordance with the contract. The twenty-third provision stipulates that the employer and the laborer may stipulate in the labor contract the business secrets of the employer and the confidentiality matters related to the intellectual property rights.

For a laborer who has a duty of confidentiality, the employer may stipulate a competition restriction clause with the laborer in the labor contract or confidentiality agreement, and stipulates that the worker's economic compensation shall be given to the laborer on a monthly basis within the time limit of the competition according to the termination or termination of the labor contract.

If a laborer violates the stipulations of the competition restriction, he shall pay liquidated damages to the employer in accordance with the contract.

That is to say, in addition to the two situations that the unit provides training after the service period is signed or the competition restriction clause is signed, the employee violates the agreed unit to collect the penalty for breach of contract.

But I do not exist in these two situations. The school received a receipt for the training fee after I received 15 thousand yuan of liquidated damages, but the school never conducted any training for me. They made such an invoice, indicating that the school also understood that it was not in accordance with the law for me to pay the penalty.

Subsequently, she went to the union to apply for mediation and was refused by the original unit. So she applied for a personnel dispute arbitration and asked the original school to return the cancellation contract of 15 thousand yuan.

Before long, the Arbitration Commission made a notice of inadmissibility, and decided to refuse to accept its application on the ground that Cheng Xiaoya had applied for more than 60 days.

She refused to accept the case and filed a lawsuit in court.