The service period of a labor contract refers to the shortest period that the laborer promises to serve the employer because he accepts the special treatment given by the employer. As long as the employer invests in training workers, the trained workers have the obligation to serve the employer for at least a certain number of years. Therefore, after the employee receives paid on-the-job training from the employer, the employer can agree with the employee on the service period after receiving professional and technical training.

The labor contract is applicable to the following personnel:

1. Individuals whose employers have established labor relations with laborers;

2. Individuals who establish labor relations between the employer and the unemployed who are willing to work and have the ability to work;

3. Individuals who establish labor relations between labor dispatch units and laborers;

4. Individuals who establish labor relations between migrant workers and employers;

5. Other applicable laws and regulations.

The characteristics of the labor contract:

1. The subject of a labor contract is specific. One party is a laborer, that is, China people, foreigners and stateless people who have the ability to work and act; On the other hand, employers, that is, enterprises, individual economic organizations, institutions, state organs, social organizations and other employers with the right and ability to use labor. In the process of realizing labor, there are subordinate relations between the two sides: domination and being dominated, leadership and obedience.

2. The content of the labor contract has the unity and correspondence of labor rights and obligations. There are no people who only enjoy labor rights but do not perform labor obligations, and there are no people who only perform labor obligations but do not enjoy labor rights. The labor right of one party is the labor obligation of the other party, and vice versa;

3. The object of labor contract is single, that is, labor behavior;

4. Labor contract has the characteristics of commitment, compensation and two-way contract. The employee and the employer reach an agreement on the terms of the labor contract, and the labor contract is established. The employing unit shall pay labor remuneration according to the quantity and quality of laborers' labor, and shall not use the labor force for free. Both workers and employers enjoy certain rights and perform corresponding obligations;

5. Labor contracts often involve the material interests of third parties: labor contracts must have social insurance clauses, and both parties to labor contracts can clearly stipulate relevant welfare treatment clauses in the labor contracts, which often involve the material interests of third parties.

To sum up, the employer should assess the workers' working ability and performance during the service period, so as to make a decision on whether to continue employment.

Legal basis:

Article 22 of People's Republic of China (PRC) Labor Contract Law

During the service period, if the employer provides special training fees and professional technical training for the workers, it may conclude an agreement with the workers 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.