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案情简介2009年2月,女职工李某经某酒楼考核合格,被招录为服务员,并与酒楼签订了3年期劳动合同。合同约定:“凡是在本酒楼工作的女性服务员,合同期内不得结婚。否则,企业有权解除劳动合同,并要支付违约金5000元”。2009年10月,李某的男朋友催着李某结婚,无奈之下,李某只有向酒楼提出结婚申请。酒楼收到申请后,不仅不同意,并提出:如果李某非要结婚,一是要解除劳动合同,二是要李某按照劳动合同约定支付违约金5000元。李某对此很烦恼,到市总工会信访咨询。
Brief introduction of the case In February 2009, female worker Lee passed the examination of a restaurant, was recruited as a waiter, and the restaurant signed a three-year labor contract. The contract stipulates: “All the female waiters who work in this restaurant can not get married during the contract period, otherwise, the enterprise has the right to terminate the labor contract and pay a penalty of 5000 yuan ”. In October 2009, Lee's boyfriend urged Lee married, desperation, Lee only to the restaurant to apply for marriage. After the restaurant received the application, not only did not agree, and proposed: If Lee must marry, one is to lift the labor contract, the second is to Lee in accordance with the labor contract agreed to pay liquidated damages 5,000. Lee is very worried about this, to the city Federation of Trade Unions petitions advice.