First, do new employees have to pay training fees?
Generally speaking, employers are not allowed to reduce the wages of workers, so new employees should not deduct training fees in the current month.
"The employer provides special training fees for the workers, provides them with professional and technical training, and can conclude an agreement with the workers to stipulate the service period.
If the laborer violates the service period agreement, he shall pay remuneration 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. "
In other words, the employer shall arrange on-the-job training for employees, and the expenses shall be borne by the employer (the original intention of legislation is that the employer trains employees and creates more value for the employer, so the training fee shall be borne by the employer). At this time, the service period can be agreed, and only when the employee leaves the company without authorization during the service period can the employer require the employee to pay liquidated damages.
If the above situation belongs to the employer's deduction of the wage standard agreed in the labor contract, it is essentially an underpayment of wages in disguise. According to the "Labor Law", Article 38 If the employer has any of the following circumstances, the employee may terminate the labor contract:
1. Failing to provide labor protection or working conditions as agreed in the labor contract;
2. Failing to pay labor remuneration in full and on time;
3. Failing to pay social insurance premiums for workers according to law;
4. The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
5. The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
6. Other circumstances in which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
Employees can first apply to the court for a payment order, or ask to terminate the labor contract with the employer, and at the same time, they can ask the company to pay economic compensation.
Second, the reasons why new employees do not bear the training expenses
Article 68 of the Labor Law stipulates: "The employing unit shall establish a vocational training system, draw and use vocational training funds in accordance with state regulations, and carry out vocational training for workers in a planned way according to the actual situation of the unit." Article 28 of the Vocational Education Law stipulates: "An enterprise shall bear the vocational education expenses of its employees and employees. The specific measures shall be formulated by the relevant departments of the State Council in conjunction with the financial department of the State Council or by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government according to law. " That is to say, it is the legal obligation of the company to provide you with the necessary vocational training and education, and you must bear the relevant expenses unconditionally. More importantly, after you acquire relevant skills through training, you can work better and create more and better benefits for the company. The company is undoubtedly the ultimate beneficiary of the training. You can't think that this is only your own business, not the company's.
Third, how to deal with the training expenses after the termination of the labor contract?
In fact, these practices do not conform to the provisions of China's relevant labor policies and regulations, and harm the interests of workers to a certain extent. According to the Opinions on Several Issues Concerning the Implementation of the Labor Law of People's Republic of China (PRC) and the Provisions on Staff Training in Enterprises, staff training, as an important part of labor rights and obligations, should be stipulated in the labor contract, and the relevant training items and liabilities for breach of contract should be clarified; Or enterprises and employees can also sign special training contracts to make specific provisions on related issues (including liability for breach of contract) of a specific training project. These agreements in labor contracts and training contracts are an important basis for handling training disputes. However, the training expenses and compensation standards agreed upon in the agreement shall not violate the relevant policies and regulations. Disputes over expenses shall be handled in accordance with the relevant provisions of the state on the handling of labor disputes. According to the above provisions and other relevant policies and regulations, the compensation for training fees should be handled according to the following principles:
1. Only when the enterprise really contributes to the training of employees and can provide corresponding payment vouchers can employees be required to compensate the training expenses, which is a prerequisite.
2. Generally speaking, only when the employee unilaterally proposes to terminate the labor relationship with the enterprise can the enterprise ask the employee to compensate the training fee, and generally it is not allowed to ask him to compensate the training fee that has been invested. Unless the employee is required by the enterprise to terminate the labor relationship due to major faults such as violation of discipline, the enterprise has the right to claim compensation for relevant training expenses.
3 employees in accordance with the relevant provisions or labor contract termination of labor relations, the enterprise shall not require employees to compensate for training fees; Unless the employee terminates the labor contract in violation of regulations or agreements, which causes losses to the employer, the employer may require the employee to compensate for the training fee. During the applicable period, if the employee proposes to terminate the labor relationship, the employer shall not require the employee to pay the training fee; During the contract period, if the employee proposes to terminate the labor relationship, the employer may require the employee to pay the training fee.
4. Specific issues about how to compensate can be implemented in accordance with the training labor contract; If no training contract is signed, it shall be implemented according to the labor contract. However, the agreement on compensation for breach of contract in the training contract and the labor contract shall not violate the relevant policies and regulations, otherwise it will be invalid. Disputes arising from compensation for training fees can be handled by relevant labor dispute handling institutions.
5. The specific payment method of employee compensation training fee is: if there is a service period agreement, it will be divided into equal parts according to the service period and paid step by step according to the service period that the employee has fulfilled; If there is no agreed service period, the capital contribution shall be evenly distributed according to the labor contract period, and the service period that the employee has performed shall be paid in descending order; If both parties have an agreement on the calculation method of decline, such agreement shall prevail.
The above is about whether new employees should pay training fees for everyone. I hope it helps you. If there is no agreement between the two parties before, this practice is definitely illegal. Training fees generally require employees to have corresponding working years after training, rather than directly deducting expenses from wages.