1. If the training plan fails for three years, the salary will be returned and the state subsidies obtained during the training plan will be compensated. The training program cannot be carried out within three years. 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.
2. Legal basis: Article 25 of People's Republic of China (PRC) Labor Contract Law.
Penalty due to breach of contract Except in the circumstances stipulated in Article 22 and Article 23 of this Law, the employing unit may not agree with the employee that the employee shall bear the penalty due to breach of contract.
Article 22
During the service period, if the employer provides special training fees and 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.
2. What are the conditions for refunding the deposit?
1. The contents of the contract guaranteed by the deposit have been fulfilled as agreed, and neither party has breached the contract;
2. If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, the deposit shall be returned twice.