Attachment: Legal basis
Article 22 of the Labor Contract Law: Where an employer provides special training fees for laborers and provides them with professional and technical training, it may conclude an agreement with the laborers 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.
Article 90 If a laborer terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligations or non-competition restrictions stipulated in the labor contract, thus causing losses to the employing unit, he shall be liable for compensation.
The training expenses stipulated in the second paragraph of Article 22 of Article 16 of the Regulations for the Implementation of the Labor Contract Law include the well-documented training expenses paid by the employer for the professional and technical training of the workers, the travel expenses during the training period and other direct expenses incurred by the workers due to the training.
The Ministry of Labor's "Compensation Measures for Violation of Relevant Labor Contracts"
Article 4 If a laborer terminates the labor contract in violation of regulations or the stipulations of the labor contract, thus causing losses to the employer, he shall compensate the employer for the following losses:
(a) the expenses paid by the employer for recruiting and employing them;
(two) the training fee paid by the employer, if otherwise agreed by both parties, shall be handled according to the agreement;
(3) Direct economic losses caused to production, operation and work;
(4) Other compensation expenses agreed in the labor contract.