Whether the penalty for training agreement is legal or not depends on the specific situation. According to the Labor Contract Law of People's Republic of China (PRC), if an employer provides special training fees and professional technical training for its employees, it may conclude an agreement with the employees to stipulate the service period and liquidated damages. If the laborer violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement.
I. Legal provisions
According to the first paragraph of Article 22 of the Labor Contract Law of People's Republic of China (PRC), if an employer provides special training fees for its employees and provides them with professional and technical training, it may conclude an agreement with the employees to stipulate the service period and liquidated damages. If the laborer violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement.
Second, the case analysis
Suppose Xiaoming signs a three-year labor contract with a company, and the company provides Xiaoming with special training fees for professional and technical training. The two sides signed a service period agreement, stipulating that Xiao Ming must serve for at least two years, and if he leaves early, he needs to pay liquidated damages.
If Xiaoming leaves his job before the expiration of his service, he needs to pay liquidated damages to the company as agreed. Because the company provided Xiaoming with special training fees and professional technical training, both parties can agree on the service period and liquidated damages. This agreement is legal.
Third, summary.
According to the provisions of the Labor Contract Law of People's Republic of China (PRC), if an employer provides special training fees for workers and conducts professional and technical training, it may agree on the service period and liquidated damages with the workers. Therefore, the liquidated damages of the training agreement are legal. However, if the employer does not provide special training fees for professional and technical training, it is illegal to require workers to pay liquidated damages.
To sum up:
The liquidated damages of the training agreement are legal, but only if the employer has provided special training fees for the workers and conducted professional technical training, and both parties have signed a service period agreement. If the employer does not provide special training fees and professional technical training, but requires workers to pay liquidated damages, then this is illegal.