It may be unreasonable to deduct 50 yuan's training fee every day during the probation period, which needs to be judged according to relevant laws and labor contracts.
I. Definition of probation period and training fee
Probation period is a period of time agreed by the employer and the employee in the labor contract to get to know each other and check whether the other party meets the employment conditions. Training fee is the fee paid by the employer to improve the professional skills and quality of workers.
Second, the rationality analysis of training fee deduction during probation period
1. It is the legal obligation of the employer to provide necessary vocational training for workers during the probation period. Therefore, it is unreasonable to transfer the training expenses to workers.
2. It is illegal for the employer to deduct the training fee during the probation period if the employer does not explicitly inform the employee that the training fee needs to be deducted during the probation period, or there is no relevant agreement in the labor contract.
3. Even if there is a relevant agreement in the labor contract, it is necessary to judge whether the agreement is obviously unfair. If the daily deduction of 50 yuan's training fee causes the wages of workers to be lower than the local minimum wage, or the expenses are obviously higher than the actual training cost, then the agreement can be deemed invalid.
Third, the legal risk of deducting training fees during the probation period.
During the probation period, the employer illegally deducts training fees, and may face the following legal risks:
1. Workers have the right to ask the employer to return the illegally deducted training fees and pay corresponding compensation.
2. The behavior of the employer may be considered as a violation of the Labor Contract Law and other relevant laws and regulations, and may face administrative punishment or litigation risks.
To sum up, it may be unreasonable to deduct 50 yuan's training fee every day during the probation period, which needs to be judged according to relevant laws and labor contracts. It is suggested that the employer clearly inform the workers of the relevant expenses when recruiting, and make a legal and fair agreement in the labor contract. At the same time, when signing a labor contract, workers should also carefully review the relevant provisions to ensure that their legitimate rights and interests are not infringed.
Legal basis:
Article 9 of the Labor Contract Law of People's Republic of China (PRC): The employing unit shall not detain the employee's identity card and other documents, and shall not require the employee to provide guarantee or collect property from the employee in other names.
Article 22 of the Labor Contract Law of People's Republic of China (PRC): If 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.