Yes, if the employer can prove that there is a training fee, the resigned employee should pay compensation.
According to China's laws, employee training, as an important part of labor rights and obligations, should be stipulated in the labor contract, and the training items and liability for breach of contract should be clearly defined; Or enterprises and employees can also sign special training contracts to make specific provisions on related issues (including liability for breach of contract) of a specific training project. These agreements in labor contracts and training contracts are an important basis for handling training disputes. However, the training expenses and compensation standards agreed upon in the agreement shall not violate the relevant policies and regulations. Disputes over expenses shall be handled in accordance with the relevant provisions of the state on the handling of labor disputes.
According to the above provisions and other relevant policies and regulations, the compensation for training fees should be handled according to the following principles:
1. Only when the enterprise really contributes to the training of employees and can provide corresponding payment vouchers can employees be required to compensate the training expenses, which is a prerequisite.
2. Generally speaking, only when the employee unilaterally proposes to terminate the labor relationship with the enterprise can the enterprise ask the employee to compensate the training fee, and generally it is not allowed to ask him to compensate the training fee that has been invested. Unless the employee is required by the enterprise to terminate the labor relationship due to major faults such as violation of discipline, the enterprise has the right to claim compensation for relevant training expenses.
3 employees in accordance with the relevant provisions or labor contract termination of labor relations, the enterprise shall not require employees to compensate for training fees; Unless the employee terminates the labor contract in violation of regulations or agreements, which causes losses to the employer, the employer may require the employee to compensate for the training fee. During the probation period, the employee proposes to terminate the labor relationship, and the employer may not require the employee to pay the training fee; During the contract period, if the employee proposes to terminate the labor relationship, the employer may require the employee to pay the training fee.
4. Specific issues about how to compensate can be implemented in accordance with the training labor contract; If no training contract is signed, it shall be implemented according to the labor contract. However, the agreement on compensation for breach of contract in the training contract and the labor contract shall not violate the relevant policies and regulations, otherwise it will be invalid. Disputes arising from compensation for training fees can be handled by relevant labor dispute handling institutions.
5. The specific payment method of employee compensation training fee is: if there is a service period agreement, it will be divided into equal parts according to the service period and paid step by step according to the service period that the employee has fulfilled; If there is no agreed service period, the capital contribution shall be evenly distributed according to the labor contract period, and the service period that the employee has performed shall be paid in descending order; If both parties have an agreement on the calculation method of decline, such agreement shall prevail.
According to the provisions of the Labor Contract Law, if the employer provides special training fees for employees and conducts professional and technical training, the service period may be agreed. Generally speaking, what is the special training expense, which is worthy of the training funds allocated by the company from the total salary every year, that is, only when the training funds are provided to employees can it be recognized as the special training expense.
In practice, some companies have a "mentoring" training model, that is, old employees take new employees to teach employees hand in hand. For such training methods, it can only be recognized as business training, but not as professional and technical training. In addition, general companies generally encourage old employees with apprentices through subsidies or subsidies, and subsidies and subsidies follow the company's salary sequence, so they cannot be recognized as training expenses.
Laborers may participate in some professional skills training in the process of labor, which is paid by the employer. Therefore, if the employer conducts special training for the workers, and if there is an agreed service period, it is necessary for the workers to resign early.