According to Article 22 of the Labor Contract Law and Article 26 of the Regulations for the Implementation of the Labor Contract Law, the company provides professional and technical training for workers, pays training fees, and stipulates a three-year service period in the training agreement. During the service period, the liquidated damages for the termination of the contract shall be treated as follows:
1. If the employee violates the law and discipline seriously, and the company terminates the contract according to the provisions of Item (2) to Item (6) of Article 39 of the Labor Contract Law, the employee shall pay liquidated damages; If the contract is terminated by the company for other reasons, there is no need to pay liquidated damages.
2. The company has a statutory fault as stipulated in Article 38 of the Labor Contract Law. If the employee terminates the contract, it is not a violation of the service period, and the employer may not require the employee to pay liquidated damages; If the employee terminates the contract in other ways, it is a violation of the service period agreement and should pay liquidated damages to the company.
The amount of liquidated damages that the company requires employees to pay shall not exceed the training expenses allocated during the period before the service period expires.
Attachment: Labor Contract Law
Article 38 A laborer may terminate the labor contract under any of the following circumstances:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract;
(2) Failing to pay labor remuneration in full and on time;
(3) Failing to pay social insurance premiums for laborers 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 labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
(6) Other circumstances under which the laborer can terminate the labor contract as 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.
Article 39 The employing unit may terminate the labor contract under any of the following circumstances:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(4) 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;
(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
(6) Being investigated for criminal responsibility according to law.