1. How long is the training agreement stipulated in the Labor Law?
Regarding the duration of the training agreement, the law does not clearly stipulate that the employer and the employee can determine the specific service duration through consultation on the basis of equality and voluntariness.
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.
Article 25 of the Labor Contract Law of People's Republic of China (PRC) * * * Except under the circumstances stipulated in Articles 22 and 23 of this Law, the employing unit shall not agree with the employee that the employee shall bear the liquidated damages.
2. What are the situations in which the labor contract is invalid?
According to the provisions of the Labor Contract Law, the situations in which the labor contract is invalid include that the employer exempts itself from legal responsibility and excludes the rights of the workers; Violation of mandatory provisions of laws and administrative regulations.
Article 26 of People's Republic of China (PRC) Labor Contract Law The following labor contracts are invalid or partially invalid:
(1) Causing the other party to conclude or change a labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others;
(2) The employer exempts itself from legal liability and excludes the rights of workers;
(3) Violating the mandatory provisions of laws and administrative regulations;
Any dispute over the invalidity or partial invalidity of a labor contract shall be confirmed by the labor dispute arbitration institution or the people's court.
According to the provisions of China's Labor Contract Law, workers need to perform corresponding obligations during their service, but there is no specific training period, which can be determined by the employer and the workers through consultation. If the laborer leaves his job during this period, he will be liable for breach of contract. If you need more legal help, you are welcome to seek legal advice.