1. What are the provisions of the Enterprise Labor Contract Law on training?
Article 3 of the Labor Contract Law stipulates that workers have the right to receive vocational skills training. Pre-job training is the right of workers and the obligation of employers. Training is a form of employment and an integral part of enterprise employment. The employer shall establish a labor relationship with the employee from the date of employment. So from the first day of training, we established a labor relationship with the company.
If the employer provides special training fees and professional technical training for the workers (I note: general induction training is not included), 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.
The wages of workers during the probation period shall not be lower than 80% of the minimum wage of the same position in the unit or 80% of the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.
2. Under what circumstances can I claim liquidated damages after signing a labor contract?
1. The situation where liquidated damages are clearly specified. The labor contract is the embodiment of the true independent consciousness of both parties. If there is a clear and reasonable agreement between the two parties in the labor contract, if the enterprise violates the law or breaches the contract, it shall be implemented in accordance with the provisions of the labor contract and pay liquidated damages to the workers. At the same time, if the actual amount of compensation for losses exceeds the agreement, the laborer may also request an increase in the amount of compensation.
However, in practice, some courts may think that the nature of economic compensation is legal liquidated damages. Since legal liquidated damages are supported, there is no need to award contract liquidated damages to the employer.
2. There is no clear agreement on liquidated damages. If there is no agreement on the amount of breach of contract between the two parties, the enterprise shall pay compensation according to the actual losses of the workers. For example, if an enterprise terminates the labor relationship in violation of regulations or agreements, the laborer may choose to continue to perform the labor contract when bringing a labor arbitration or lawsuit, and ask the enterprise to compensate the losses caused by the shutdown and the increased arbitration and litigation costs (including arbitration fees, legal fees, transportation fees, attorney fees, witness appearance fees, etc.). ); You can also choose to terminate the labor contract and ask the enterprise to pay economic compensation to compensate for economic losses, even including wage losses before the expiration of the contract period. It is also feasible, and there are precedents in practice.
3, the employer counterclaims economic losses and training fees. In the disputes caused by the illegal termination of labor contracts by some enterprises, in order to reduce losses, the employer may counterclaim the workers for compensation for economic losses and training fees.
When the employing unit signs a labor contract with the laborer, the unit may conduct special training for the laborer and may stipulate liquidated damages. In order to keep business secrets, the unit may sign business restriction clauses with employees or stipulate liquidated damages. If both parties breach the contract when performing their obligations under the labor contract, they may compensate the other party according to the liquidated damages agreed in the contract.