Q: I work in a scientific research unit. It was agreed in the labor contract with the unit that I must complete 5 invention patents during my employment. If I fail to complete them, I will have to pay liquidated damages. Is this requirement of the unit legal?
Answer: Juntong Legal Online Consulting will give you the answer
As long as the employee is 16 years old, he can sign a labor contract with the unit, but there is no training agreement or confidentiality agreement. , if the employee applies to resign, the unit cannot require the employee to pay liquidated damages, otherwise, the employer will report it to the Labor Bureau for resolution.
"Labor Contract Law"
Article 22: If an employer provides special training fees for workers and provides them with professional technical training, it may enter into an agreement with the worker. Agree on the service period.
If an employee violates the service period agreement, he shall pay liquidated damages to the employer as agreed. The amount of liquidated damages shall not exceed the training costs provided by the employer. The liquidated damages required by the employer to be paid by the employee shall not exceed the training expenses to be shared for the unfulfilled portion of the service period.
If the employer and the employee agree on a service period, it will not affect the increase in the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism.
Article 23: The employer and the employee may agree in the labor contract to keep the employer’s business secrets and confidentiality matters related to intellectual property rights.
For workers who have confidentiality obligations, the employer may agree on non-compete clauses with the workers in the labor contract or confidentiality agreement, and agree that after the labor contract is terminated or terminated, the non-competition period shall be Financial compensation will be given to workers on a monthly basis within the period. If an employee violates the non-compete agreement, he shall pay liquidated damages to the employer as agreed.
Article 25: Except for the circumstances specified in Articles 22 and 23 of this Law, the employer shall not agree with the employee that the employee shall bear liquidated damages.