According to Article 44 of the Labor Contract Law, the employer and the employee may agree on the payment method of the training fee. Where the employing unit arranges for employees to receive training, it shall pay the training fee as agreed, and separately stipulate in the labor contract the liquidated damages that the employees need to pay when they terminate the labor contract breach. Article 75 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Labor Dispute Cases stipulates that if a worker terminates a labor contract, he shall pay liquidated damages according to the labor contract or the standard equivalent to the economic compensation paid to the worker by the employer under normal circumstances. In the labor contract, the amount of liquidated damages should be separately agreed and the calculation method should be clear. If there is no agreement in the contract, it shall be negotiated according to the actual situation and a corresponding written agreement shall be signed. Therefore, if the company pays the training fee to the employee as agreed, the employee will breach the contract when dissolving the labor contract and need to pay liquidated damages. The amount of liquidated damages shall be stipulated separately in the labor contract, and the calculation method shall be clear. If there is no clear stipulation in the labor contract, a written agreement shall be signed through consultation according to the actual situation.
If the company does not specify the amount of liquidated damages, can the trade union participate in the negotiation? Of course. Article 49 of the Labor Contract Law stipulates that employers and workers should respect the principle of equal consultation when negotiating working conditions. If no agreement can be reached, they can ask the trade union to assist in mediation. Therefore, if the company and employees can't reach an agreement on the amount of liquidated damages, they can ask the trade union to assist in mediation.
The amount of liquidated damages in a labor contract should be specified in the contract, and the calculation method must be specified. If no agreement can be reached, the trade union can be requested to assist in mediation. When the training fee is agreed in the labor contract, we should pay attention to the agreed terms to avoid unnecessary disputes.
Legal basis:
Article 44 of the Labor Contract Law of People's Republic of China (PRC) * * * The training expenses incurred by the employer in arranging workers to receive skills training shall be borne by the employer; Unless otherwise agreed in the labor contract.