Legal analysis
According to the relevant laws and regulations, a contract is a contract signed by the entrusting party requesting the entrusted party to provide technical guidance and professional training to its designated professional and technical personnel. Therefore, before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the other party accepts it, and the contract is established. By way of acceptance: the contract is established when the acceptance comes into effect, unless otherwise stipulated by law or agreed by the parties. The basis of the legal effect of a contract is whether it is legal or not. It does not mean that all contracts are valid after signing, and both parties can sit back and relax about each other's agreements. When training employees, the company can sign a training agreement with employees, and there is no upper and lower limit on the service life. Matters needing attention when signing a training agreement include: the company organizes employee training, and it is legal and effective to sign a training agreement with employees. The company can organize employees to carry out training, but it cannot charge training fees. The training agreement shall be an annex to the labor contract. If the service period of the training agreement is not full, the enterprise and the employee shall keep the training service period consistent with the labor contract period when renewing the labor contract. Therefore, if they sign a training agreement but do not train, it is in line with the law and has the same legal effect.
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.