Legal analysis
If the employer provides the laborer with special training fees and professional technical training, according to the relevant laws and regulations, the certificate will go with him, and the employer has no right to detain it. However, if the employer has agreed with the employee to have a service period and the employee leaves during the service period, the employer can make up the difference by dividing the investment and research fee by the agreed service period month and then multiplying it by the service period month provided by the employee. If there is a service agreement between the two parties, the employee needs to fulfill the agreement, and the company's training fee will be paid for the breach. The liquidated damages shall not exceed the training expenses that should be shared for the unfinished part of the service period. Generally speaking, if the training paid by the company belongs to the formal certification qualification certificate issued by the relevant national, provincial and municipal institutions, such as personal technical level, professional knowledge and skills, the company has no right to prevent the resigned employees from participating in the disputed certificate if the employment contract signed with the company is not violated. If the contract is terminated in advance, the responsibility lies with the employee, and the company has the right to ask the employee to repay the training fee, but the disputed certificate cannot be detained. Because the certificate has personal attachment and the function of identifying people's identity information, that is, professional ability, it can only be used by the person, and the unit may not detain it. Without a written agreement, the company cannot withhold the certificate. You can complain to the labor department or apply to the certification department for reporting the loss.
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 workers 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.