If the employing unit provides special training expenses and conducts professional technical training for the workers, it may conclude an agreement with the workers to stipulate the service period. If the laborer violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training expenses provided by the employer. The liquidated damages that the employer requires the laborer to pay shall not exceed the training expenses that should be shared for the unfinished part of the service period.

Legal analysis

If it is pre-job training, it is the legal obligation of the employer, and it is not allowed to collect employee fees, let alone stipulate liquidated damages and service period. However, if it is special training, also called professional skills training, the enterprise should pay the training fee in advance, but it can agree on the service period and liquidated damages with the employees. If the employee leaves his post during the service period, the employer may apply for labor arbitration and require the employee to pay the corresponding liquidated damages as agreed by both parties. Training expenses include the well-documented training fees paid by the employer for the professional and technical training of the workers, the travel expenses during the training and other direct expenses incurred by the workers due to the training. If it is a high-end course, the cost will be borne by the company. Some courses cost hundreds of thousands to hundreds of thousands of registration fees, and the learning period is still long. Enterprises can't let employees leave after learning, so they will sign corresponding training agreements, asking for how many years of service in the company after training, otherwise they will bear the training expenses.

legal ground

Article 22 of the Labor Contract Law of People's Republic of China (PRC) * * * Where an employer provides special training fees for its employees and provides them with professional and technical training, it may conclude an agreement with the employees to stipulate the service period. If the laborer violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training expenses provided by the employer. The liquidated damages that the employer requires the laborer to pay shall not exceed the training expenses that should be shared for the unfinished part of the service period. If the employer and the employee agree on the service period, it will not affect the employee's improvement of labor remuneration in accordance with the normal wage adjustment mechanism during the service period.