The teacher’s resignation was claimed by 420 thousand, and the school： invested a lot in its training

　　"In the past two days, the school finally agreed to implement the arbitration award, handle my resignation according to the procedures, and discuss the compensation fee separately." Dr. Jia Mouqing, a geography teacher in xinzhou teachers university (referred to as Xinzhou Teachers College), said that it has been almost a year since he resigned last September, and now things have made new progress.

　　On August 21, The Paper (www.thepaper.cn) learned from Jia Mouqing that Cao Ruidong, director of the Personnel Department of Xinzhou Teachers College, told Jia Mouqing that the college held the dean’s office meeting on August 19 and decided to execute the arbitration award of "handling the transfer procedures of labor and personnel relations for him" and handle it according to the procedures. As for the compensation fee, it will be solved through the new arbitration initiated by the college, and the school will refer the above contents to the Standing Committee of the college for discussion and approval as soon as possible.

　　The Paper reporter asked Cao Ruidong for the above information, but the other party declined to be interviewed. The reporter repeatedly called the Propaganda Department of the Party Committee of the school, but no one answered.

　　Jia Mouqing introduced that the "new arbitration" mentioned above means that Xinzhou Teachers College submitted a new arbitration application to Xinzhou Labor and Personnel Dispute Arbitration Institute on July 6. Due to Jia Mouqing’s breach of contract and his resignation during the service period, the school asked him for compensation of about 420,000 yuan, including the salary and living allowance paid by the school during his PhD, totaling 130,504 yuan. "The school has invested a lot in training Jia Mouqing."

　　Jia Mouqing believes that the amount of compensation for resignation proposed by Xinzhou Teachers College is unreasonable, and we should refer to the labor arbitration result of Wen Mou, a geography teacher who graduated with a doctorate at the same time in March 2019: the total compensation is 180,000.

　　The two sides were deadlocked over the amount of compensation. This labor dispute case was deadlocked for nearly a year. In the middle, Jia Mouqing filed the first arbitration application, and Xinzhou Teachers College refused to accept the ruling and sued the court and withdrew the lawsuit. The latter filed a second arbitration application.

　　Behind the case, the focus of public discussion is: the contractual spirit of entrusting talents to go and stay in colleges and universities, the legality of the rules and regulations of "losing money before leaving", whether signing an agreement is equivalent to tacit compensation, and the reasonable scope of liquidated damages.

　　The case of resignation dispute in colleges and universities is full of twists and turns.

　　This labor dispute originated from: in 2008, Jia Mouqing was hired by Xinzhou Teachers College after graduating with a master’s degree; From 2015 to 2018, Jia Mouqing went to Northwest Normal University to study for a doctor’s degree and obtained a doctor’s degree. During this period, Xinzhou Teachers College provided him with wages and living allowances. In 2018, the two sides signed an Agreement stipulating that Jia Mouqing had to work for Xinzhou Teachers College for five years (from July 1, 2018 to June 30, 2023) before he could make a transfer request. On September 25, 2019, Jia Mouqing submitted his resignation to Xinzhou Teachers College.

　　Without the approval of the school, Jia Mouqing chose to apply for labor arbitration, demanding that Xinzhou Teachers College: 1. Pay 100,000 yuan for the economic and spiritual losses caused by his unsuccessful visit to school; 2. Pay a living allowance of 50,000 yuan during the doctoral period; 3. Pay 300,000 yuan for settling-in expenses; 4. Dissolve the labor and personnel relationship between the two parties and transfer Jia Mouqing’s personnel files.

　　On March 25th this year, Xinzhou Labor Dispute Arbitration Committee rejected Jia Mouqing’s first three arbitration requests, and ordered that Xinzhou Teachers College and Jia Mouqing terminate the labor and personnel relationship within 30 days from the date of the effective date of this ruling, and handle the labor and personnel relationship transfer procedures for them.

　　Xinzhou Teachers College refused to accept it, and filed a lawsuit with the People’s Court of Xinfu District, Xinzhou City on April 8, demanding not to terminate the labor relationship for Jia Mouqing, and proposed that Jia Mouqing should pay at least 510,504 yuan compensation to the college if he resigned within the expiration of his service period. In Jia Mouqing’s view, he only needs to pay the school more than 80,000 yuan for his reading period.

　　On June 4th, Xinzhou Teachers College suddenly withdrew the lawsuit, and on July 6th, it filed a new arbitration request with Xinzhou Labor and Personnel Dispute Arbitration Court: asking Jia Mouqing for compensation of 420,504 yuan.

　　A few days ago, the relevant person in charge of the Xinfu District People’s Court Office confirmed to The Paper that "Xinzhou Teachers College has withdrawn the lawsuit, and it is no longer within the scope of the court’s review to put forward any further requirements between the two parties".

　　"Xinzhou Teachers College’s application for new labor arbitration on matters such as Jia Mouqing’s liquidated damages does not mean that the ruling on March 25 is invalid." Zhai Zhenyi, a lawyer from Beijing Yingke (Shenzhen) Law Firm, said in an interview with The Paper that Jia Mouqing had applied for arbitration before, but now Xinzhou Teachers College has withdrawn the lawsuit and the arbitration award has come into effect.

　　Since Xinzhou Teachers College has never notified him to go through the resignation procedures, Jia Mouqing filed a compulsory arbitration result with the court on July 7, and learned from the court that Xinzhou Teachers College stated that it was "under implementation".

　　In reality, if the school has issued the rules and regulations of "compensation before resignation", do employees have to follow them?

　　The Interim Measures for the Management of Staff Resignation in xinzhou teachers university promulgated by Xinzhou Teachers College in June, 2018 (hereinafter referred to as the Interim Measures for the Management of Resignation) states that those who have been approved by the main leaders of the college or the president’s office meeting to leave their jobs should go through the compensation procedures according to the following provisions before going through the resignation procedures.

　　"Schools cannot rely on their ‘ Custom rule ’ To ask others to abide by or oppose the execution of the effective ruling. " Lawyer Wang Li of Shanghai Shenhao Law Firm said that if there is a basis for an effective ruling, the parties concerned should unconditionally implement it. Xinzhou Teachers College believes that Jia Mouqing needs to compensate the school for liquidated damages, and can start legal procedures to safeguard his legitimate rights and interests.

　　Xinzhou Teachers College: Support the legal arbitration procedure.

　　At present, the amount of severance payment and the specific payment method are the focus of debate between the two sides.

　　According to Jia Mouqing, on July 6, Xinzhou Teachers College claimed compensation of 420,504 yuan from him in a new labor arbitration application. The calculation is as follows: 1. The tuition, accommodation and round-trip fare during the doctoral study period are 34,612 yuan, the salary during the full-time study period is 45,892 yuan, and the living allowance is 50,000 yuan, totaling 130,504 yuan; Second, the compensation fee for the three-year service period after the completion of the doctoral program: 3 years * 50,000 = 150,000 yuan; 3. Compensation fee for the unexpired period of service as an associate professor: 3.5 years * 40,000 yuan = 140,000 yuan.

　　On August 22nd, Wang Zewen, vice president of Xinzhou Labor and Personnel Dispute Arbitration Institute, confirmed to The Paper that Xinzhou Teachers College did submit the Application for Personnel Dispute Arbitration to Xinzhou Labor and Personnel Dispute Arbitration Institute recently.

　　Xinzhou teachers university submitted the Application for Arbitration of Personnel Disputes to Xinzhou Labor and Personnel Dispute Arbitration Institute on July 6th. The pictures in this article are provided by the respondents.

　　"I did receive this part of 130,504 yuan. Tuition, accommodation and round-trip fare of 34,612 yuan were reimbursed after graduation, and the salary and living allowance were paid to me during the one-year period of full-time. In addition to more than 130,000 of the 420,000, the rest are imposed fines. " Jia Mouqing said.

　　Where did this "fine" come from? According to the terms of the Agreement signed by both parties in September 2018, it is agreed that if Jia Mouqing wants to be transferred in advance, he must pay compensation to Xinzhou Teachers College at the standard of 50,000 yuan per year according to the unexpired service years. In addition, the two sides also signed the "Promotion Title Agreement" on July 11, 2018, stipulating that Jia Mouqing should serve in Xinzhou Teachers College for five years after obtaining the qualification for professional and technical positions, and pay compensation of 40,000 yuan per year if he resigns before the service period.

　　Agreement and Agreement on Promotion of Professional Title.

　　Both documents refer to the implementation in accordance with the Interim Measures for the Administration of Resignation. Does this document have legal effect? Zhai Zhenyu believes that this depends on two conditions: legal procedures and publicity to workers. Article 4 of the Labor Contract Law stipulates this. Article 19 of the Supreme People’s Court’s Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases is further refined: democratic procedures are formulated; Do not violate laws, regulations and policies; Publicize to the workers.

　　Interim Measures of xinzhou teachers university Municipality on the Management of Staff Resignation

　　Cao Ruidong, director of the Personnel Department of Xinzhou Teachers College, told The Paper in April this year that the amount of claims made by the school should be legal and compliant. "For doctors who insist on leaving their jobs, we also support them to go through legal arbitration procedures and compensate the school according to the Interim Measures for the Management of Resignation issued by the school. The Interim Measures for the Management of Resignation is publicly released. The school teacher’s employment number can be found on the school website, and there is no problem of deliberate concealment in the school. "

　　Zhai Zhenyu believes that the Interim Measures for Resignation Management of the school was promulgated in the form of college documents. As long as the approval procedures for the release of documents are fulfilled, even after legal procedures, Article 4 of the Regulations on Personnel Management of Public Institutions stipulates: "Public institutions should establish and improve personnel management systems. When a public institution formulates or modifies the personnel management system, it shall listen to the opinions of the staff through the staff congress or other forms. "

　　Does signing the agreement amount to acquiescence in the compensation provisions?

　　The arbitration application newly submitted by Xinzhou Teachers College emphasizes that the school has invested a lot in training Jia Mouqing, and both parties have signed the Agreement and the Agreement on Promotion of Professional Titles, which are the true intentions of both parties and do not violate the relevant regulations on employment of public institutions. The agreement is legal and valid. Jia Mouqing proposed to terminate the personnel relationship and should return and pay the school-related expenses according to the contract, totaling 420,504 yuan.

　　Jia Mouqing also confirmed to The Paper that the two agreements were signed, and explained that the school did not directly take out the Interim Measures for the Management of Resignation in person. "At that time, I didn’t have the idea of leaving my job, and my legal concept was relatively weak."

　　Under normal circumstances, does signing an agreement amount to acquiescence in compensation provisions? "There is no conflict between the two, it depends on whether the contract is legal and valid." Zhai Zhenyu explained that no matter whether it is a labor contract or a general contract, as long as it violates the mandatory provisions of laws and regulations, it will lead to the invalidation of the contract, even if it is voluntary when signing the contract, which is a true expression of the meaning of both parties. The invalidation of the contract has retroactivity, and the contract is invalid from the beginning.

　　Therefore, in the final analysis, it is still a question of whether the provisions involved in the Agreement, the Agreement on Promotion of Professional Titles and the Interim Measures for Resignation Management are legal and effective.

　　Tracing back to the award of Xinzhou Labor and Personnel Dispute Arbitration Court in March, it was mentioned that it was found through trial that during the trial, Xinzhou Teachers College and Jia Mouqing both submitted the evidence "Interim Measures for the Management of Resignation", and if the rules and regulations of the employing unit did not violate the mandatory provisions of laws and regulations, both parties should implement them. The signing of the Agreement by both parties on September 6, 2018 is an expression of their true intentions. As long as the contents of the Agreement do not violate the mandatory provisions of laws and regulations, both parties shall abide by it.

　　Lawyer Xie Tongchun, a partner of Shanghai Yingtai Law Firm, said in an interview with The Paper that, considering the nature of Xinzhou Teachers College, Jia Mouqing’s faculty status and professional and technical position evaluation, and the agreement on the service period and compensation fees in the relevant Agreement, he tends to think that the provisions of Article 22 of the Labor Contract Law can be applied by reference. "Of course, it is subject to the judgment of the local arbitration commission and the court."

　　Wang Li also believes that in combination with this case, the Agreement concluded that Jia Mouqing acquiesced in the provisions of the Interim Measures for the Management of Resignation, but whether the Interim Measures for the Management of Resignation is legal is another question that needs to be judged, and whether it violates the mandatory provisions of Articles 25 and 22 of the Labor Contract Law from its content is not a definite conclusion, which needs to be determined by the court.

　　Attachment: Articles 22, 23 and 25 of the Labor Contract Law.

　　Article 22 of the Labor Contract Law: If an employer provides special training fees for its employees and provides them with professional and technical training, it may conclude an agreement with the employee to stipulate the service period.

　　If the laborer violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training expenses provided by the employer. The liquidated damages that the employer requires the workers to pay shall not exceed the training expenses that should be shared for the unfulfilled part of the service period.

　　If the employer and the employee agree on the service period, it will not affect the improvement of the employee’s labor remuneration during the service period according to 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 confidential matters related to intellectual property rights.

　　For the workers who have the obligation of confidentiality, the employer may stipulate the non-competition clause with the workers in the labor contract or confidentiality agreement, and stipulate that after the labor contract is dissolved or terminated, the economic compensation will be paid to the workers on a monthly basis within the non-competition period. If the laborer violates the non-competition agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

　　Article 25: Except under the circumstances stipulated in Articles 22 and 23 of this Law, the employing unit shall not agree with the laborer that the laborer shall bear the liquidated damages.