According to the provisions of Article 22 of the Labor Contract Law, the employer may stipulate the service period in the labor contract or training agreement after providing professional and technical training (non-pre-job vocational training) to the workers. If the workers violate the service period agreement, they shall pay liquidated damages to the employer. However, the amount of liquidated damages shall not exceed the training expenses allocated during the non-performance period.
According to the provisions of Article 26 of the Regulations for the Implementation of the Labor Contract Law, although the employer has provided professional technical training to the workers and agreed with them on liquidated damages, if the workers terminate the contract according to Article 38 of the Labor Contract Law, there is no need to pay liquidated damages; If the employer terminates the contract in accordance with the provisions of Item 2 to Item 6 of Article 39 of the Labor Contract Law, the employee shall pay liquidated damages.
legal ground
Labor Contract Law
Article 22 Where an employing unit provides special training fees and professional technical training for laborers, it may conclude an agreement with the 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 labor contract law
Article 26 If the service period is agreed between the employer and the employee, and the employee terminates the labor contract in accordance with Article 38 of the Labor Contract Law, it is not a violation of the service period agreement, and the employer may not require the employee to pay liquidated damages.
Under any of the following circumstances, if the employer and the employee terminate the labor contract with the agreed service period, the employee shall pay liquidated damages to the employer in accordance with the labor contract:
(1) The laborer seriously violates the rules and regulations of the employing unit;
(2) The laborer seriously neglects his duty or engages in malpractices for selfish ends, thus causing great damage to the employing unit;
(3) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(4) The laborer enters into or changes a labor contract against his true intention by means of fraud or coercion or taking advantage of the danger of others;
(5) The laborer is investigated for criminal responsibility according to law.
Zhejiang Higher People's Court
Opinions on Several Issues Concerning the Trial of Labor Dispute Cases (for Trial Implementation)
Zhefa Minyi (2009) No.3
Article 39 According to the provisions of Article 22 of the Labor Contract Law, if a worker violates the service period agreed in the labor contract, he shall pay the liquidated damages as agreed, except for the circumstances stipulated in Articles 38 and 41 of the Labor Contract Law.
If the agreed liquidated damages are too high, the people's court shall adjust them in accordance with the provisions of the second paragraph of Article 22 of the Labor Contract Law.
The "training fee" stipulated in Article 22 of the Labor Contract Law does not include the basic salary of workers during special training; "Professional and technical training" refers to the training provided to improve the specific skills of workers, excluding pre-job training and daily business training.