Q: My friend is very capable. During his work in the company, he received professional and technical training. The company agreed to serve him for three years. His colleague established a labor relationship with another company and was soon discovered by his own company, asking him to terminate the labor relationship with another company. He ignored it. Now that the unit has terminated the labor contract with him, does he need to pay liquidated damages?

A: The Scout Law Online Consultation will answer your question.

The employee and the employer have agreed on the service period of professional technical training, and the employer cannot be at fault, and the employee needs to pay liquidated damages when canceling the contract.

According to Article 25 of the Labor Contract Law, the employer can only require the employee to pay liquidated damages for the service period and confidentiality agreement of professional and technical training. However, only if the service period of professional and technical training is violated, the laborer needs to pay liquidated damages when canceling the contract.

According to the provisions of Article 22 of the Labor Contract Law, after the employee receives professional and technical training and pays the training fee, the employer may stipulate the service period in the training agreement or labor contract. If the laborer violates the agreement on the service period, he shall pay liquidated damages to the employer at a rate not higher than the share of expenses during the non-performance period.