In order to expand the scale and increase profits, a technology development company in a city is going to recruit 20 employees. After two rounds of interviews, the company signed a labor contract with 20 candidates, and the contract stipulated that the company was responsible for training the vocational skills of new employees. However, after these employees joined the work, the leaders held a meeting and said that because the company wanted to expand its scale, the capital turnover could not be opened for a while, and the vocational skills training was temporarily postponed. In this way, the company has not provided vocational skills training for new employees. These employees are under great pressure because of their high technical content and lack of training, so they require the company to carry out vocational training. Company leaders always make excuses and then simply ignore them. In desperation, these 20 employees turned to the local labor and social security department for help. Does the employer have the obligation to provide vocational training for workers?
The lawyer answered the question.
It is the right of workers to receive corresponding vocational skills training. Does the employer have the obligation to provide vocational training for workers? According to Article 68 of China's Labor Law: "The employer shall establish a vocational training system, draw and use vocational training funds according to state regulations, and conduct vocational training for workers in a planned way according to the actual situation of the unit." Article 8 of the Regulations on Staff Training in Enterprises issued by the Ministry of Labor also stipulates: "Enterprises shall establish and improve the rules and regulations for staff training, and provide on-the-job training, job transfer, promotion and professional training for employees according to the actual situation of their own units, and pre-job training for apprentices and other newly hired personnel." The employing unit shall perform the duties of vocational training and often provide vocational skills training for workers; Prevent the phenomenon of talking but not practicing.
In this case, a technology development company should have provided vocational and technical training for new employees, but due to the shortage of funds, these employees can ask the company to fulfill the obligation of vocational training. If the company finds reasons for refusal, employees can apply to the labor and social security department for rights protection.
Legal link
Labor law of the people's Republic of China
Article 68 The employing unit shall establish a vocational training system, draw and use vocational training funds in accordance with the provisions of the state, 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.
Regulations on the training of enterprise employees
Article 8 An enterprise shall establish and improve the rules and regulations for employee training, and provide employees with on-the-job training, job transfer training, promotion training and job transfer training according to the actual situation of the unit, and provide pre-job training for apprentices and other newly hired personnel.