In order to integrate new employees into the company as soon as possible, make their skills more professional and meet the needs of the company, many companies will conduct pre-training for new employees, which I believe everyone knows. It may be that the company needs to pay a certain training fee during the pre-training period. If the training period has not expired, the employee will terminate the labor contract with the employer, and some companies may require the employee to compensate for the training fee. Then, do you need compensation for the training fee for the termination of the labor contract?
1. Is it necessary to compensate for the training fee when the labor contract is terminated?
The employer provides special training expenses for the workers and signs a training agreement with the workers. Workers who violate the service period shall pay liquidated damages to the employer in accordance with the agreement. 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.
Relevant basis:
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.
Second, as long as the employee voluntarily proposes to terminate the contract during the service period, is it necessary to pay liquidated damages?
Under normal circumstances, if the employee proposes to terminate the labor contract during the service period, he shall take the initiative to bear the liquidated damages. However, according to Article 38 of the Labor Contract Law, if a worker voluntarily proposes to terminate the labor contract, he is not bound by the service period and does not need to pay any liquidated damages. Article 38 of the Labor Contract Law stipulates that in any of the following circumstances, the employee may notify the employer to terminate the labor contract at any time:
(a) the employer fails to provide labor protection and working conditions in accordance with the labor contract;
(two) the employer fails to pay the labor remuneration in full and on time;
(three) the employer fails to pay social insurance premiums for workers according to law;
(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
(5) The employing unit causes the laborer to conclude or change the labor contract against his true meaning by means of fraud or coercion or taking advantage of the danger of others;
(6) Other circumstances stipulated by laws and administrative regulations.
If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.
Main legal basis: Article 26 of the Regulations for the Implementation of the Labor Contract Law. If the employer and the employee agree on the service period and the employee terminates the labor contract according to 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.
According to the state regulations, if the employer provides special training expenses for the workers in the training area, although the training agreement may not be signed during this period, if the workers violate the original agreement, they should also pay a certain amount of liquidated damages to the employer, but the amount of liquidated damages is limited by the state.