Generally speaking, before signing a training agreement, training institutions and trainees should clarify the relevant rights and obligations, including training fees, training duration, training content and so on. If the trainees fail to meet the training requirements during the training period, resulting in dismissal, whether there is compensation depends on the following factors:
1. Relevant contents stipulated in the training agreement: When signing the training agreement, the training institution and the trainees shall specify the relevant rights and obligations. If the standard and method of dismissal compensation are clearly stipulated in the agreement, students can apply according to the requirements of the agreement;
2. Relevant laws and regulations: If the training institution violates laws and regulations and there are improper behaviors or illegal operations during the training process, resulting in the dismissal of the trainees, the trainees have the right to demand compensation from the training institution;
3. Specific analysis: If students are dismissed for personal reasons, such as not studying hard and being absent from work. Students may not get compensation.
Provisions on dismissal during training mainly include the following aspects:
1. The training institution shall clearly stipulate in the training agreement the circumstances of the dismissal of the trainees and the compensation standards and methods;
2. During the training period, students should participate in the training in strict accordance with the requirements of the training institution and meet the assessment standards formulated by the training institution;
3. If the trainees fail to meet the assessment standards stipulated by the training institution, resulting in dismissal, the training institution has the right to compensate according to the compensation standards and methods agreed in the training agreement;
4. If the training institution has misconduct or illegal operation during the training process, resulting in the dismissal of the trainees, the trainees have the right to claim compensation from the training institution;
5. If students are dismissed for personal reasons, such as not studying hard, being absent from work, etc. Students may not get compensation.
To sum up, different types of training institutions may have different rules for dismissal. For example, if a vocational skills training institution is dismissed, it should be handled in accordance with the relevant regulations of government departments. Private training institutions shall refer to the Private Education Promotion Law and other relevant laws and regulations. Before taking part in the training, students should carefully read the relevant contents of the training agreement and consult relevant professionals to avoid unnecessary losses. If the student is dismissed, it should be settled through consultation with the training institution in time. If negotiation fails, you can complain or appeal to the relevant departments or vocational training institutions.
Legal basis:
Article 22 of People's Republic of China (PRC) Labor Contract Law
If the employing unit provides special training expenses and conducts 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.