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What are the provisions of the Labor Contract Law on training fees?
It is very important to conduct all-round training for new employees before they take up their posts, because employees should fully understand the safe operation in production operations, some basic methods and processes of their own work, and the core development contents of enterprises. Moreover, some vocational skills training enterprises may need to pay training fees in advance, but employees must understand the provisions of the Labor Contract Law on training fees. 1. What are the provisions of the Labor Contract Law on training fees? In any case, the employer can't charge the employee training fee; 1. Pre-job training is the legal obligation of the employer, and no fees shall be charged, and no liquidated damages and service period shall be agreed; 2. Special training is also called vocational skills training. Enterprises should pay the training fee in advance, but they can agree on the service period and liquidated damages with employees. If the employee leaves his post during the service period, the employer may apply for labor arbitration and require the employee to pay the corresponding liquidated damages as agreed by both parties; 3. Legal basis: Article 22 of the Labor Contract Law, if an employer provides special training fees for laborers and provides them with professional and technical training (I note: general induction training is not included), it may conclude an agreement with laborers 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. Regulations on the Implementation of the Labor Contract Law: The training expenses stipulated in Article 22, Paragraph 2, Article 16 of the Labor Contract Law include the training expenses paid by the employer with a certificate (note: the unit must have a training invoice issued by a third-party training institution), the travel expenses during the training period and other direct expenses incurred by the workers due to the training. Second, does the labor contract training fee need 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, the compensation for training fees should be specifically handled according to the following principles: 1. Only when the enterprise has really invested in employee training and can provide corresponding payment vouchers can it require employees to compensate for training fees, 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. Because some enterprises in life let employees pay their own training fees, in fact, this practice has violated China's labor contract law. Pre-job training for employees is the legal obligation of the employer, and all training expenses should be borne by the enterprise itself. Unless the employee's breach of contract causes great losses to the company, the employee may be required to compensate for the training expenses.