According to the provisions of Article 22 of the Labor Contract Law, if an employer provides special training fees for workers and provides them with professional and technical training, 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.
In order to implement the Labor Contract Law of People's Republic of China (PRC), the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China are formulated. The 25th executive meeting in the State Council, People's Republic of China (PRC) was adopted on September 3rd, 2008, and was promulgated and implemented in the State Council on September 6th, 2008.
Extended data
situation
After graduation, six college students went to Kunming Yunnei Power Co., Ltd. (hereinafter referred to as "Yunnei Power") to work. Many years later, they all became senior engineers of automobile engines. Engineers also resigned because their employers drastically reduced their salaries.
After Yunnei Power approved his resignation, it took him to court, demanding compensation for the training fee of 6,543,800 yuan, and was not allowed to engage in peer work. Yesterday, the Guandu District People's Court heard the case. The defendants replied that they should not repay the training fees, and Yunnei Power had no right to restrict them from working in their peers.
Engineer statement
The unit reduced their wages and forced them to resign.
"I have been engaged in the design and development of automobile engines since I worked in Yunnei Power from 65438 to 0996. Over the years, I have contributed all my abilities to the development of the company and won many awards.
With my participation in research and development, the first domestic research and development vehicle with small cylinder diameter and four-cylinder supercharged pumping unit was rated as a national new product and a national key new product. The products I developed are at the international leading level, especially the electronically controlled high-pressure rail pumping unit, which fills the gap of domestic car diesel engines and opens up new markets for cars and high-grade commercial vehicles.
Zhu Xiong said that from 20 10, Yunnei Power paid him more than 7,000 yuan. In April of 20 1 1, the unit suddenly reduced his salary, and the lowest month was only 2460 yuan.
"Although my salary has dropped sharply, I have been working in the company for half a year, and my salary is still so low. I am old and young. At this rate, it is difficult to support my family. I really can't see hope and have to resign. " Zhu Xiong said that the other five engineers were also greatly reduced in salary, and everyone had to resign.
On September 20 12, Zhu Xiong and other six engineers formally applied to Yunnei Power for resignation, and Yunnei Power also approved it.
Dynamic theory in the cloud
It cost six people millions of training fees.
Yunnei Power believes that after Zhu Xiong and other six people entered the company, in order to improve their professional skills, the company signed training agreements with Zhu Xiong and other six people in April 2002 and May 2008 respectively, and funded Zhu Xiong and other six people to study for master's degrees at Beijing Institute of Technology. Take Zhu Xiong as an example, the company spent 350,000 yuan to train him. Today, Zhu Xiong and other six people have become senior engineers.
In order to get back the training fees spent on Zhu Xiong and other six people, Yunnei Power sued Zhu Xiong and other six people to the Labor and Personnel Dispute Arbitration Committee of Kunming Economic and Technological Development Zone in June 1 65438+1October last year, demanding that six engineers return the training fees110,000 yuan, and asking Zhu Xiong and other six engineers to sign a non-competition agreement with the company to prohibit them from jumping to work in the same industry.
Arbitration Commission ruling
Reject two demands of the employer
The Arbitration Commission held that Yunnei Electric Power mentioned reducing the wages of six people, including Zhu Xiong, in the name of the workers' congress, but there was no evidence to support its claim. Yunnei Power breached the contract first, which led to Zhu Xiong's resignation, so Zhu Xiong and other six people should not be liable for breach of contract.
The Arbitration Commission ruled that Yunnei Power's request for compensation of RMB 6,543,800+from six engineers, including Zhu Xiong, was rejected. At the same time, it is considered that the company's request for Zhu Xiong and other six people to sign a non-competition agreement is not within the scope of acceptance by the Arbitration Commission and has also been rejected.
Yunnei Power filed a lawsuit in Guandu Court after receiving the arbitration letter, and the claims are still the above two.
At the trial yesterday, the agent of Yunnei Power believed that the company spent money to train the skills of six people, including Zhu Xiong, with a maximum cost of 350,000 yuan and a minimum cost of 65,438+10,000 yuan. After they leave the company, they should repay these training fees.
Liu Ying, a lawyer of Beijing Beidou Dingming Law Firm Kunming Branch, replied that the reason why six senior engineers, including Zhu Xiong, resigned was that Yunnei Electric Power drastically reduced their salaries, forcing Zhu Xiong and other six people to resign, and they should not bear any training expenses.
Liu Ying believes that Yunnei Power requires six people, including Zhu Xiong, to sign a non-competition agreement, and they are not allowed to jump ship to their peers. There is no legal basis.
Latest status
More than six engineers have resigned.
After the trial, Zhu Xiong and other six people said in an interview that many of them had resigned to work in the same industry. Some are in SAIC, and some are in BAIC, but they are all stronger than the power in the cloud.
Reference source: Baidu Encyclopedia "Regulations for the Implementation of the Labor Contract Law of the People's Republic of China"
People's Daily Online is dissatisfied with the sharp pay cut. Six engineers resigned, and the employer claimed100000 training fee.