Legal responsibility of workers 1, civil liability (1) liquidated damages. According to the "people's republic of china *** and the labor contract law" article 22, 23, 24, 25 relevant provisions of the labor contract, the labor contract agreed by the workers to bear the liquidated damages of the situation there are, and only two categories: the first category: the labor contract agreed, the employer for the workers to provide special training costs, professional and technical training, and agreed on the service period of the workers and the violation of the server agreement should be paid. liquidated damages to be paid. Then, when the worker violates the agreement on the service period, he/she shall pay liquidated damages to the employer according to the agreement, but the amount of liquidated damages is strictly limited, i.e., it shall not exceed the training expenses provided by the employer, and the amount of liquidated damages that the employer requires the worker to pay shall not exceed the amount of the training expenses that should be apportioned for the unfulfilled part of the service period. Category 2: The labor contract stipulates that the worker shall keep the employer's commercial secrets and confidential matters related to intellectual property rights. For workers who are under the obligation of confidentiality, the employer may agree with the workers on a non-competition clause in the employment contract or confidentiality agreement, and agree to give the workers economic compensation on a monthly basis for the duration of the non-competition period after the labor contract is cancelled or terminated. If a worker violates the non-competition agreement, he/she shall pay liquidated damages to the employer according to the agreement. It should be noted that the non-competition is limited to the senior management, senior technical personnel and other personnel who are under confidentiality obligation of the employer, and the general employees may not have the qualification of non-competition. (2) Damages. According to Article 90 and Article 86 of the Labor Contract Law of the People's Republic of China, if a worker violates the agreement of the labor contract or the labor contract is invalidated according to the law and the worker is at fault, and the employer suffers losses, the worker shall be liable for the compensation of the losses in addition to the liquidated damages; however, the sum of the liquidated damages and the compensation of the damages shall be equal to the actual losses of the employer. Administrative responsibility. There is no administrative responsibility in the Labor Contract Law to restrain workers from violating the labor contract, but Article 23(1)(a) of the Law on Punishment for Public Security Administration stipulates that anyone who disrupts the order of an organization, group, enterprise, or institution, which prevents work, production, business, medical treatment, teaching, or scientific research from being carried out normally, and does not yet cause any serious damage, shall be sentenced to a warning or a fine of not more than two hundred yuan; if the circumstances are more serious, the person shall be sentenced to a fine of not less than five days but not more than ten days. If the circumstances are more serious, the person shall be detained for not less than five days and not more than ten days, and may be fined not more than five hundred yuan. Therefore, when the labor contract stipulates the rules and regulations to be observed by the employer for normal operation, if the laborer intentionally fails to comply with them, causing the employer's operation to be unable to be carried out normally, and not reaching the standard of criminal offense, the laborer is likely to be liable for the administrative penalty.3. Criminal Liability. Administrative liability in the same way, the workers illegal labor contract may bear criminal liability, is also stipulated in the criminal code. Paragraph 1 of Article 271 of the Criminal Law of the People's Republic of China provides that any person in a company, enterprise or other unit who, by taking advantage of the convenience of his or her position, illegally appropriates for himself or herself property belonging to the unit, in a relatively large amount, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; and in a very large amount, he or she shall be sentenced to fixed-term imprisonment of not less than five years or more, or may be sentenced to the confiscation of property. Article 272(1) of the Criminal Law of the People's Republic of China stipulates that if a staff member of a company, enterprise or other unit takes advantage of the convenience of his position to misappropriate the funds of the unit for his personal use or to lend them to another person, and if the amount is large and has not been repaid for more than three months, or if it is not more than three months but the amount is large and he engages in profit-making activities, or if he engages in unlawful activities, he shall be sentenced to fixed-term imprisonment of less than three years or detention; and if the amount is large, the sentence shall be more than five years or confiscation of property. or detention; if the amount of misappropriation of the unit's funds is huge, or if the amount is large and not returned, the penalty shall be fixed-term imprisonment of not less than three years and not more than ten years. Article 276 of the Criminal Law of the People's Republic of China provides that anyone who, out of anger, revenge or for other personal purposes, destroys machinery or equipment, mutilates farm animals or otherwise disrupts production or business operations shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control; if the circumstances are serious, he or she shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years. Therefore, the main criminal offenses that laborers may constitute are the crimes of misappropriation of duties, misappropriation of funds and sabotage of production and operation.
Article 4 of the Circular of the Ministry of Labor on the Issuance of <Compensation for Violation of Labor Laws on Labor Contracts> states that if a worker violates the provisions of the labor contract or the agreement of the labor contract and terminates the labor contract, and if the employer suffers losses, the worker shall compensate the employer for the following losses: (a) the expenses paid by the employer for recruiting and hiring the worker; (b) the expenses paid by the employer for the worker's training; and if otherwise agreed by both parties, the expenses shall be as agreed upon. (ii) the training expenses paid by the employer for him, if both parties have agreed otherwise, according to the agreement; (iii) the direct economic losses caused to production, operation and work; (iv) other compensation costs agreed in the labor contract.