1. Clearly define the nature of training. Provide professional and technical training for workers, including professional knowledge and vocational skills. The employing unit cannot stipulate the service period for the necessary vocational training of workers, that is to say, it does not include vocational training. In order to avoid a normal vocational training, such as pre-job training, or even attending an ordinary meeting or forum, it is considered as professional technical training.
2. It is clear that training fees constitute training fees, including direct training fees and indirect training fees. Direct training cost is the sum of all the expenses of trainers and trainees during the implementation of training organization. For example, the lecturer's class salary, students' transportation, accommodation, venue equipment rental, teaching material printing, etc. Indirect training cost is the sum of all expenses paid by enterprises outside the implementation process of training institutions. Such as the salary and welfare of the trainees during the training period, the management fee of the training project, etc. It is necessary to clearly define the scope, composition and calculation method of training expenses. If indirect training fees are not agreed, only direct training fees can be calculated. These training expenses need to be proved by corresponding documents, contracts, etc.
3. Regarding the agreed service period, the law does not give a clear standard, which is determined by the employer and the employee through consultation. Generally, the following principles are followed: the employer should determine the service period according to its own actual situation and employee characteristics, usually 3-5 years is appropriate; Enterprises with low employee turnover rate can have a relatively long service period, and vice versa.
4. What if the service period exceeds the labor contract period? Article 17 of the Regulations on the Implementation of the Labor Contract Law stipulates: "If the labor contract expires, but the service period agreed by the employer and the employee in accordance with Article 22 of the Labor Contract Law is not expired, the labor contract shall continue until the service period expires; Unless otherwise agreed by both parties, such agreement shall prevail. "
Second, how to calculate the liquidated damages According to the general theory, the amount of liquidated damages can be agreed by both parties, but the amount and calculation method of liquidated damages during the training service cannot be agreed, and the law has made special provisions on this.
The second sentence of the second paragraph of Article 22 of the Labor Contract Law stipulates: "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. " According to this regulation, firstly, the amount of liquidated damages shall not exceed the total training expenses; The second is to share the part that has not yet fulfilled the service period. For example, the employer spent 50,000 yuan to train the workers, and the agreed service period was 5 years. After working for one year, the worker proposed to terminate the labor contract. Then, the penalty for the training service period is the share of the remaining four years, that is, 40 thousand yuan.
Three, under what circumstances should pay liquidated damages?
The first sentence of the second paragraph of Article 22 of the Labor Contract Law stipulates: "If a laborer violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement." Then, as long as the laborer proposes to terminate the labor contract, must he pay liquidated damages? That's not true. It depends on the reasons given by the laborer to terminate the labor contract. Article 26 of the Regulations on the Implementation of the Labor Contract Law stipulates: "The employer and the employee have agreed on the service period, and if the employee terminates the labor contract in accordance with the provisions of Article 38 of the Labor Contract Law, it is not a violation of the agreement on the service period, 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 employee seriously violates the rules and regulations of the employer;
(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. "Article 38 of the Labor Contract Law stipulates that although the employee proposes to terminate the labor contract, the termination is due to the fault of the employer, while Article 39 stipulates that although the employer proposes to terminate the labor contract, the termination is due to the fault of the employee. To sum up, if the labor contract is terminated due to the laborer's reasons, the laborer shall pay liquidated damages; If the labor contract is terminated due to the employer's reasons, the employee is not required to pay liquidated damages.
Four. Probation period and training service period
There may be some risks in providing specialized technical training for employees during the probation period. Article 3 of the reply [1995] No.264 from the general office of the Ministry of Labor stipulates: "If the employee proposes to terminate the labor relationship with the company with the contribution of the employer (referring to the payment of monetary vouchers), the employer shall not ask the employee to pay the training fee." According to this regulation, even if a training service period agreement is concluded, you cannot claim liquidated damages.