Article 22 Where an employing unit provides special training fees and professional technical training for laborers, it may conclude an agreement with the laborers 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.
Article 23 The employer and the employee may agree in the labor contract to keep the employer's business secrets and confidential matters related to intellectual property rights.
For the workers who have the obligation of confidentiality, the employer may stipulate the non-competition clause with the workers in the labor contract or confidentiality agreement, and stipulate that after the labor contract is dissolved or terminated, the economic compensation will be paid to the workers on a monthly basis during the non-competition period. If the laborer violates the non-competition agreement, he shall pay liquidated damages to the employer in accordance with the agreement.
Article 24 The personnel who are restricted from competition are limited to the senior managers, senior technicians and other personnel with confidentiality obligations of the employing unit. The scope, area and time limit of non-competition shall be agreed by the employer and the employee, and the agreement on non-competition shall not violate the provisions of laws and regulations.
After the dissolution or termination of the labor contract, if the personnel specified in the preceding paragraph go to other employers that have a competitive relationship with their own units to produce or operate similar products or engage in similar businesses, or start their own businesses to produce or operate similar products or engage in similar businesses, the non-competition period shall not exceed two years.
Extended data:
The employer can't charge the employee training fee:
1. Pre-job training is the legal obligation of the employer, and no fees shall be charged, and no liquidated damages and service period shall be agreed;
2. Special training is also called vocational skills training. Enterprises should pay the training fee in advance, but they can agree on the service period and liquidated damages with employees. If the employee leaves his post during the service period, the employer may apply for labor arbitration and require the employee to pay the corresponding liquidated damages as agreed by both parties;
3. Legal basis: Labor Contract Law;
Article 22 Where an employer provides special training fees for employees and conducts professional and technical training for employees (I note: general induction training is not included), it may conclude an agreement with 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.
Article 68 The employing unit shall establish a vocational training system, draw and use vocational training funds in accordance with the provisions of the state, and conduct vocational training for workers in a planned way according to the actual situation of the unit. "Workers engaged in technical jobs must receive training before taking up their posts." It is an obligation of the employer to train workers, and it is illegal to collect training fees from workers.