How to evaluate that the employees of iQiyi were sued for leaving their jobs after they settled in Beijing, and they were awarded 65,438+10,000 yuan?

According to the second-instance civil judgment of Peng and Beijing Aiqiyi Technology Co., Ltd. disclosed by the Judgment Document Network, Beijing No.1 Intermediate People's Court upheld the first-instance judgment: Peng compensated Aiqiyi Company for a loss of 65,438+100,000 yuan.

According to the judgment, in July 20 18, Peng joined Beijing iqiyi company as an engineer, and the term of labor contract signed by both parties was from July 20 18 to July 200217.

At the same time, he signed the Agreement on the Settlement of Non-Beijing Employees, stipulating that Peng voluntarily promised to work in iQiyi for five years without interruption. If, due to reasons such as violating Articles 39 and 40 of the Labor Contract Law, he voluntarily resigns, refuses to renew the labor contract or stops providing services during the service period, he shall pay compensation to iQiyi (the standard is 50,000 yuan multiplied by the number of years of non-service), and shall repay all the arrears in cash before leaving the company, otherwise Party B shall increase it on a daily basis.

One year after joining the company, Peng's Beijing hukou was completed by iQiyi Company on 20 19 12. But just two months later, on February 28, 2020, Peng resigned for personal reasons.

Peng worked until March 27, 2020, and the labor relationship between the two parties was dissolved on March 27, 2020. Before leaving his post, Peng's monthly pre-tax salary was 28,500 yuan+subsidy to 500 yuan.

Iqiyi believes that this is an act of dishonesty, which violates the principle of good faith and its own commitment. According to the contract, if you resign during your work, you need to pay 6.5438+0.66 million yuan.

In response to this statement, Peng argued that resignation has nothing to do with the completion of reconciliation. He chose to leave his job because he was treated unfairly by the company, and iQiyi did not provide himself with more opportunities.

The court held that Peng knowingly resigned two months after completing the household registration formalities in Beijing during the five-year service period stipulated in the signed agreement, which violated the principle of good faith. At the discretion of the first instance, Peng was ordered to compensate iQiyi for a loss of 654.38+10,000 yuan. Both Peng and iQiyi refused to accept the judgment of the first instance and appealed. After that, the court upheld the original judgment in the second instance.

In fact, Peng, an employee of iQiyi, did violate the principle of good faith and was a breach of contract. However, the government has not formulated relevant regulations on the hukou in this case, that is to say, Peng can still keep his Beijing hukou. Some netizens said,? Is it too valuable to spend100000 to buy a Beijing hukou? Some netizens said:? He did make a profit, and the employee contract will definitely be stricter in the future, cheating colleagues? . However, this incident will also make some companies understand that they should strengthen control in the future. Of course, everything is based on evidence, and people and things should also be based on honesty.

Laborers shall compensate the losses caused to the employing unit. After the employer helps to settle down, the employee resigns without paying liquidated damages, which does not mean that the employee does not bear any responsibility.

In some cities with strict settlement conditions, the number of local accounts that employers can handle is limited, and workers resign immediately after they settle down, which harms the interests of employers. At this point, the employer may require the laborer to compensate for the losses. For example, the Summary of the Seminar of Beijing Higher People's Court of Beijing Municipal Bureau of Labor and Social Security on the Application of Law in Labor Dispute Cases clearly states that the employer is registered in this city for the laborer, and the two parties have agreed on the service period and liquidated damages accordingly. Because this agreement violates the provisions of Article 25 of the Labor Contract Law, if the employer requires the laborer to pay liquidated damages based on the agreement between the two parties, it should not be supported. Workers who violate the principle of good faith and cause losses to the employer shall be compensated. ?

In addition, workers must follow legal procedures when resigning. According to the "Labor Law", if a worker terminates a labor contract, he shall notify the employer in writing 30 days in advance. If a laborer terminates the labor contract in violation of the conditions stipulated in the labor law, causing economic losses to the employer, he shall be liable for compensation according to law. Therefore, workers have to resign and can't just walk away. But to fulfill legal procedures, cooperate with the employer to do a good job of handover, and shall not infringe upon the legitimate rights and interests of the employer.