If the unit provides training to the workers when they join the company, the workers must work according to the working period in the contract. If you don't work for the specified number of years, you may need to pay liquidated damages. However, it is stipulated in the agreement that the training expenses and compensation standards that laborers should bear when they breach the contract shall not violate the provisions of 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. The treatment principle is as follows:
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 applicable period, if the employee proposes to terminate the labor relationship, the employer shall 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.
Generally speaking, it is not allowed to sign a penalty clause in the labor contract. However, if the party concerned has received the training of the company, or the party concerned has signed a confidentiality agreement or a non-competition agreement with the company, and the worker violates the relevant regulations, he needs to pay a certain amount of liquidated damages to the employer, but the amount of liquidated damages should not be too high.