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Claim for resignation of training fee
Legal subjectivity:

Do employees need to compensate the company for training fees when they leave early? It is a necessary measure for employers to train specific workers in professional operation skills and knowledge to meet the needs of special posts. As long as the employer provides workers with special training fees and carries out professional skills training, the service period can be agreed. According to the provisions of the Labor Contract Law, if a worker violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. According to the employer's claim to the person who terminates the labor contract in advance, the training fee is limited to the scope of "funded training". Specifically, it refers to one of the following circumstances: (1) entrusting full-time colleges, research institutes, training centers and vocational schools to train students; (2) academic training; (three) foreign language proficiency training, professional and technical titles (promotion) training, labor skills training and other capacity training; (4) Training, further study, studying abroad or in other places, being a visiting scholar, etc. Its expenses include various tuition and fees, round-trip transportation expenses, settling-in expenses and living allowance during going abroad. The payment voucher provided by the employer mainly refers to the tuition and miscellaneous fees for employee training, and generally does not include the cost of hiring lecturers and purchasing equipment. The company provides "internal training" for employees. If the company can't provide proof of payment, employees can refuse to pay compensation. How to determine the training expenses According to the provisions of the Labor Contract Law, if the employer provides special training expenses 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. Training fees, accommodation fees and travel expenses during off-job training can be regarded as training expenses as long as they are reimbursed from the company's training funds. Generally speaking, the cost of inspection also comes from training fees, which can also be recognized as training fees. However, the best way to carry out off-the-job training or inspection training for employees is to confirm the training funds spent after the training and let the employees sign it. Training fees can be paid according to 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. The specific payment methods of compensation training fees for workers are as follows: if the service period is agreed, the capital contribution will be evenly distributed according to the service period, and the service period that the workers have performed will be paid in descending order; 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. As long as the employer provides workers with special training fees and carries out professional skills training, the service period can be agreed. According to the provisions of the Labor Contract Law, if a worker violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

Legal objectivity

Labor Contract Law

According to the employer's claim to the person who terminates the labor contract in advance, the training fee is limited to the scope of "funded training". Specifically refers to one of the following situations:

(a) Entrust full-time colleges, research institutes, training centers and vocational schools to train students;

(2) academic training;

(three) foreign language proficiency training, professional and technical titles (promotion) training, labor skills training and other capacity training;

(4) Training, further study, studying abroad or in other places, being a visiting scholar, etc. Its expenses include various tuition and fees, round-trip transportation expenses, settling-in expenses and living allowance during going abroad.