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　　劳动合同违约责任相关法规有哪些?本文为您介绍劳动合同违约责任相关法规，关于劳动者未履行劳动合同需不需要支付违约金?支付多少?现在劳动法律法规中的规定可操作性不强，如何准确计算违约金的数额也没有统一规定。劳动者违约，用人单位要求其支付违约金，违约金有两个作用。

　　1. 违约金在履行劳动合同时有利好作用

　　关于劳动者未履行劳动合同需不需要支付违约金?支付多少?现在劳动法律法规中的规定可操作性不强，如何准确计算违约金的数额也没有统一规定，目前约定俗成的做法是看劳动合同中是如何约定的，由于没有统一标准，双方约定的违约金数额未必是公平合理的。为了维护劳动力市场公平公正原则处理好一些劳动者和用人单位关于违约金方面的矛盾，需要对违约金作用问题进行一些探讨。

　　劳动者违约，用人单位要求其支付违约金，违约金有两个作用：

　　其一：损害赔偿作用。劳动者突然离职，肯定会对用人单位的生产经营造成一些负面影响，那么劳动者就应当给予用人单位补偿或赔偿。造成多大的经济损失在计量上是有一定的困难的，在现代企业和员工之间的关系应该是相互关联的，某一员工出现问题不足以影响全局，如果一个员工的流失就造成用人单位重大损失，只能说明这个企业的劳动管理存在缺陷。如何准确确定补偿或赔偿的数额要把握实事求是、责任大小、充分考虑劳动者支付能力的原则。

　　其二:对违约行为予以惩戒作用。为了建立社会“诚实信用”的理念，用人单位收取违约的劳动者违约金，也可以看作对不守信者的一点处罚，是应该的。综合以上两点作用可以看到：劳动者违约是要支付违约金的，多少要考虑到劳动者支付能力，造成经济损失大小等情况合理确定。

　　2. 违约金不应失去公平

　　目前，《劳动法》虽然没有违约金的规定，但也没有禁止性规定。这就使得违约金的约定具有了合法的前提条件，因为在现在地法律体系中，只要不违反国家禁止性规定的约定就是合法的。但是在订立违约条款时还应当注意不得违法劳动法第十八条规定：“即不得违反法律、行政法规和采取欺诈、威胁等方式。”签订劳动合同不得违反平等自愿原则。其次在履行有关的合同条款时，应当本着诚实信用原则，不应钻法律空子。如有的劳动合同中的违约条款的违约金额超过了职工在用人单位期间的工资总额，这事实上是一个显失公平的条款。有的职工在用人单位花费了大量财力将其调入广州后，立即跳槽等。由此又产生出第三个问题，即完善劳动法法律法规的问题。《劳动法》于1995年1月1日开始实施，现在已经远远不能适应市场经济条件下劳动关系的要求，如前面所述显失公平的条款，在《合同法》中属于可撤销的条款，而在《劳动法》中根本就没有涉及。对于在履行劳动合同中违反诚信原则的行为，也没有相应的处罚措施，这些都影响了劳动合同的履行。

What are the relevant regulations on liability for breach of labor contracts? This article introduces the relevant laws and regulations on the liability for breach of labor contracts. Do workers need to pay liquidated damages for failure to fulfill labor contracts? How much should I pay? The operability of the provisions in labor laws and regulations is not strong, and there is no unified regulation on how to accurately calculate the amount of liquidated damages. If a worker breaches the contract, the employer requires them to pay a penalty, which has two functions.

1. The penalty for breach of contract has a positive effect on the performance of labor contracts

Do workers need to pay liquidated damages for not fulfilling their labor contracts? How much should I pay? The operability of the provisions in current labor laws and regulations is not strong, and there is no unified regulation on how to accurately calculate the amount of liquidated damages. The current common practice is to see how it is agreed in the labor contract. Due to the lack of unified standards, the amount of liquidated damages agreed upon by both parties may not be fair and reasonable. In order to maintain the principle of fairness and justice in the labor market and handle the conflicts between workers and employers regarding liquidated damages, it is necessary to explore the role of liquidated damages.

If a worker breaches the contract, the employer requires them to pay a penalty. The penalty has two functions:

One is the effect of compensation for damages. If a worker suddenly resigns, it will definitely have some negative impact on the production and operation of the employer, so the worker should compensate or compensate the employer. There are certain difficulties in measuring the extent of economic losses caused. In modern enterprises, the relationship between employees should be interrelated. If an employee's problems are not enough to affect the overall situation, if the loss of an employee causes significant losses to the employer, it can only indicate that the labor management of the enterprise is flawed. How to accurately determine the amount of compensation or compensation should adhere to the principles of seeking truth from facts, determining the size of responsibility, and fully considering the ability of workers to pay.

Secondly, it has a punitive effect on breach of contract. In order to establish the concept of "honesty and credit" in society, it is appropriate for employers to collect liquidated damages from defaulting workers, which can also be seen as a slight punishment for those who do not keep their promises. Taking into account the above two factors, it can be seen that workers are required to pay liquidated damages for breach of contract, and the amount should be reasonably determined based on factors such as the worker's ability to pay and the magnitude of economic losses caused.

2. The penalty for breach of contract should not lose fairness

At present, although there is no provision for liquidated damages in the Labor Law, there are also no prohibitive provisions. This makes the agreement on liquidated damages a legal prerequisite, because in the current legal system, as long as the agreement does not violate the prohibitive provisions of the state, it is legal. However, when formulating breach of contract clauses, attention should also be paid to not violating Article 18 of the Labor Law, which stipulates: "It is not allowed to violate laws, administrative regulations, or adopt fraudulent, threatening or other methods." Signing a labor contract shall not violate the principle of equality and voluntariness. Secondly, when fulfilling relevant contract terms, one should adhere to the principle of good faith and not exploit legal loopholes. If the amount of breach of contract clause in some labor contracts exceeds the total salary of the employee during their employment with the employer, it is actually a blatantly unfair clause. Some employees who have been transferred to Guangzhou by their employers after spending a lot of financial resources immediately switch jobs. This leads to a third issue, which is the issue of improving labor laws and regulations. The Labor Law came into effect on January 1, 1995, and is now far from meeting the requirements of labor relations under market economy conditions. As mentioned earlier, clauses that are obviously unfair are revocable in the Contract Law, but not at all in the Labor Law. There are no corresponding punishment measures for violations of the principle of good faith in the performance of labor contracts, which all affect the performance of labor contracts.