2. Party B's learning contents include comprehensive knowledge such as commodity management, price management, store standard management, personnel management, customer service management, purchasing management, loss prevention management and leadership ability, including theoretical and practical skills.
Explain that induction training is "vocational training" and the service period should not be agreed. If there is no agreed service period, it will not be liable for paying liquidated damages.
3. Article 22 of the Labor Contract Law. Where an employer provides special training fees for laborers and provides them with professional and technical training, 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 for violating the service period shall not exceed the training expenses provided by the employer. In case of breach of contract, the liquidated damages paid by the laborer shall not exceed the training expenses that should be shared for the unfulfilled part of the service period.
If the service period agreed between the employer and the employee is long, the employer shall increase the remuneration of the employee during the service period according to the wage adjustment mechanism.
The interpretation of this article is about service period.
An agreement can be concluded with the laborer, and there are strict conditions for the training within the agreed service period. (a) the employer provides special training fees. According to the national regulations, the employer must withdraw the training fee according to a certain proportion of the total wages of the unit for the vocational training of the workers, and the use of this part of the training fee cannot be used as a condition for agreeing the service period with the workers. At the same time, the amount of this special training fee should be large. How high is this amount? The Labor Contract Law does not specify the specific amount, mainly because it is difficult to draw a unified scale because of the different situations of regions and enterprises. It is easier for each place to refine to the local specific amount.
(2) Professional and technical training for workers. Including professional knowledge and vocational skills. For example, introducing a production line and a project from abroad requires people who can operate it. To this end, the workers were sent abroad for training and returned to do the job. This training is the training referred to in this article. The employing unit cannot stipulate the service period for the necessary vocational training of workers, that is to say, it does not include vocational training. The Labor Law stipulates that the employer shall establish a vocational training system, draw and use vocational training funds in accordance with state regulations, 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. Laborers have the right to receive vocational skills training. In order to avoid a normal vocational training, such as pre-job training, even attending an ordinary meeting and going to night school, it is counted as the professional and technical training mentioned in this paper.
(3) As for the form of training, it can be full-time, half-time or not. Some reflect that, in practice, employers often provide employees with expensive training because of a certain project or a certain technological innovation, but the off-duty time is generally not long, and more professional and technical training is conducted in a non-off-duty way. If the law stipulates that the service period can only be agreed after a certain period of off-the-job training, then many trained workers will leave their jobs without fulfilling the agreed service period, which will cause great losses to the employer. On the surface, this regulation protects the training interests of workers, but in fact, users have concerns about the training of workers, which is not conducive to the development of workers. Under normal circumstances, the more indispensable the talents, the less likely it is for the unit to let them have long-term full-time training, so they can only take a non-full-time way. In short, no matter whether it is full-time or not, as long as the employer spends more money to send employees to directional professional training in addition to the employee training fees stipulated by the state, it can conclude an agreement with employees to stipulate the service period.
The reason why the law stipulates the service period is because the employer has invested in the workers and made them gain benefits. Employers provide training fees and pay labor remuneration and other benefits for workers to learn skills. At the same time, the purpose of the employer's training for workers is to provide them with labor during the agreed service period after returning to China. If workers leave their jobs before the service expires, users' expectations will be disappointed. By agreeing on the service period, the interests of both parties can be roughly balanced. An important prerequisite for stipulating the service period is that workers who provide special treatment through training funded by employers have the ability to negotiate with employers in the labor market. If they think it's profitable, sign it. Under this premise, employers should be encouraged to give employees special treatment, so that enterprises can obtain corresponding rights, thus promoting the harmony and stability of labor relations. Encourage them to increase investment in skills training for workers.
The employer and the employee should agree on liquidated damages according to law, which mainly contains two meanings: First, liquidated damages are the result of the agreement between the two parties to the labor contract. If the laborer violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. It embodies the principle of equality of rights and obligations in the contract. The so-called "reciprocity" means that you have rights and obligations at the same time, and rights and obligations are corresponding. This requires that the property, services or work results obtained by the parties are roughly equivalent to their obligations. Second, the employer and the employee agree that the liquidated damages shall not violate the law, that is, the amount of liquidated damages for violating the service period shall not exceed the training expenses provided by the employer. In case of breach of contract, the liquidated damages paid by the laborer shall not exceed the training expenses that should be shared for the unfulfilled part of the service period.
In the process of legislation, most opinions advocate limiting the amount of liquidated damages for violating the service period agreement. As for specific measures, some advocate a single total amount limit, such as the market value of the special treatment actually provided by the employer or the annual wage income of workers; Some people advocate proportional restrictions, such as the percentage of workers' annual income or the percentage of the market value of special treatment actually provided by employers. Some people think that because the workers who provide special treatment through training funded by the employer have the ability to negotiate with the employer in the labor market, there is no need to uniformly stipulate the liquidated damages during the service period, which should be specifically agreed by both parties, as long as it does not violate the provisions of the General Principles of Civil Law and the Labor Law. The third view is that if a worker resigns due to breach of contract after enjoying the special treatment provided by the employer, the employer may require the worker to compensate the training expenses, production and operation losses and other agreed compensation expenses according to the Labor Law, without agreeing on the liability for liquidated damages. Otherwise, the liability for damages for breach of contract is punitive, not compensatory. The second paragraph of this article stipulates that the amount of liquidated damages for violating the service period shall not exceed the training expenses provided by the employer. In case of breach of contract, the liquidated damages paid by the laborer shall not exceed the training expenses that should be shared for the unfulfilled part of the service period. It embodies the legislative purpose of the labor law to pay attention to protecting workers.
About the length of service. In the process of legislation, one opinion is that the agreed service period restricts the free flow of workers and has an impact on market allocation. It should be coordinated by public policies and means, and it is not allowed for both parties to agree on restrictions. For example, the law should stipulate that the maximum service period should not exceed several years. Another point of view is that the service period refers to the shortest period that the laborer promises to serve the employer because he accepts the special treatment given by the employer. As long as the employer invests in training workers, the trained workers have the obligation to serve the employer for at least a certain number of years, otherwise they have the obligation to compensate the training expenses, but only in proportion. Therefore, after the employee receives paid on-the-job training from the employer, the employer can agree with the employee on the service period after receiving professional and technical training.
This article does not stipulate the length of service. It should be understood that the length of service period can be determined by both parties to the labor contract through consultation. However, the employer should abide by two points when determining the service period with the laborer: First, it should embody the principle of fairness and reasonableness and must not abuse its rights. Second, if the service period agreed between the employer and the employee is long, the employer shall increase the remuneration of the employee during the service period according to the wage adjustment mechanism.
To correctly understand this provision, we must deal with two relations: first, the relationship between agreement and legality; Second, the relationship between mobilizing the enthusiasm of employers to provide training and protecting the legitimate rights and interests of workers.