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Is the liquidated damages clause for part-time auditor services valid?

1. Is the liquidated damages clause for part-time auditor service valid? 1. Valid. Part-time auditors are usually paid by the hour. In fact, they are part-time employees. They can be required to sign a labor contract or enter into a verbal agreement. . According to the provisions of the Labor Contract Law, part-time workers generally work an average of no more than four hours per day in the same employer, and the cumulative working hours per week do not exceed twenty-four hours. They are not allowed to agree on a probation period, and the minimum labor remuneration settlement period is It cannot last longer than fifteen days. In addition, workers engaged in part-time employment can enter into labor contracts with one or more employers. The labor contract concluded later shall not affect the performance of the labor contract concluded earlier. 2. It can be seen that part-time contracts are also labor contracts. Since it is a labor contract, it must abide by the provisions of the Labor Contract Law. Part-time workers sign a part-time labor contract, and the contract will stipulate important contents such as working position and working hours, salary, benefits, and liquidated damages. Therefore, the liquidated damages stipulated in the part-time contract are valid. 2. Do I need to sign a contract for part-time work? 1. Although my country’s labor law does not require part-time workers to sign a labor contract, it is still necessary to sign a part-time contract. In the part-time contract signed, please note: the names of both parties, contact information, work content, remuneration and method of payment, etc. If it is a one-time job, it is best to write down the date when the work was completed. In this way, the rights and obligations of both parties are determined in advance, and you can feel more at ease during the part-time job. 2. The contract, as one of the statutory written evidences, plays an important role in safeguarding the interests of part-time workers. If the contract is not signed, it will be difficult for the part-time workers to provide evidence when the employer defaults on wages and other things that infringe on the interests of part-time workers. The relationship of rights and obligations between it and the employer. In view of the strong position of the employer in real life, the law also requires part-time workers to sign a labor contract. Therefore, if a part-time employee does not sign a contract with the employer and a dispute arises, he or she can consult a professional lawyer. 3. What matters need to be paid attention to in a part-time contract? 1. It is recommended to sign a contract so that the rights and obligations of both parties can be clarified. 2. Part-time employees can only sign a labor contract and do not need to pay social security and provident funds. 3. If the part-time job is a long-term job, you need to sign an agreement, either a temporary employment agreement or a part-time labor contract, which clearly clarifies the position, job responsibilities, wages, payment time payment method, etc. In addition, after getting the contract, you should pay attention to the following points: 1. Make sure the contract itself is legal. Confirm that the labor contract you signed is legally binding, including: the employer must have legal personality, and the private enterprise must meet legal conditions. The content (rights and obligations) of the labor contract signed by both parties must comply with laws, regulations and labor policies, and they must not engage in illegal work. In addition, the procedures and forms of signing labor contracts must be legal. 2. Carefully check whether the terms of the contract are complete. A formal contract should have complete terms, including location, time, specific work content and standards, labor remuneration, contract period, liability for breach of contract, dispute resolution method, signature and seal, etc. 3. Beware of overbearing contracts (unfair and unreasonable contracts). Be wary of contracts with unclear terms and vague concepts, where the contract only stipulates job seekers’ obligations and rarely touches on job seekers’ rights. 4. Bravely question aspects of the contract that may harm your own interests. 5. Use the supplementary clauses in the contract to add content that is beneficial to safeguarding your own rights and interests and reduce the risk of infringement. 6. Enhance self-protection awareness and legal concepts, and never sign a contract that is extremely detrimental to yourself, otherwise there will be endless troubles. 7. Keep a copy of the contract for yourself. If there is a conflict of interest between the two parties in the future, it will be easy to verify. No matter whether they are part-time or regular full-time employees, they do not need to pay liquidated damages to the employer under normal circumstances. However, whether they are auditors or employees in other positions, according to the nature of their work, if they breach the contract for no reason. It may cause substantial economic losses to the employer. Some part-time workers who terminate their labor relations early will also have to pay liquidated damages.