1. If the company provides special training expenses for employees and conducts professional and technical training, the service period may be agreed. If employees leave their jobs during the training period, they should pay liquidated damages as agreed.
2. If the training is organized by the company, employees who leave during the collective induction education and pre-job training provided to new employees do not need to pay liquidated damages to the company.
The special training is mainly aimed at the workers themselves, and the actual training expenses are confirmed by the corresponding expense vouchers. Under normal circumstances, special training means that the employer allocates special funds to provide workers with special business skills training for a certain period of time, which is generally carried out by a third party. This kind of training, the employer will spend a lot of money, therefore, the unit and the laborer should agree on the service period. If a laborer resigns within the agreed service period, 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.
The contents of induction training are generally company background introduction, business introduction, curriculum system and brand curriculum advantages, sales skills and so on.
What about the liquidated damages for violating the service period?
If there is an agreement in the contract, it shall be calculated according to the agreement in the contract. If there is no agreement, the general liquidated damages shall not exceed 30% of the loss.
To sum up, if it is only a simple induction training, then there is no need to pay liquidated damages for leaving during the training period. Therefore, if the company requires you to pay liquidated damages, you must distinguish what kind of training you are conducting. Don't make money because you don't understand the relevant laws and regulations. You got it?
legal ground
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.