If there is an agreement, it is necessary to compensate the training expenses in proportion to the unfulfilled service period.

legal ground

Labor Contract Law

Twenty-second during the service period, the employer can provide special training fees for workers and provide 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 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. ?

Extended reading? Business limitation and compensation

Labor Contract Law

Article 23 Business Secrets and Prohibition of Business Competition The employer and the employee may agree in the labor contract to keep the employer's business secrets and confidential matters related to intellectual property rights.

For the workers who have the obligation of confidentiality, the employer may stipulate the non-competition clause with the workers in the labor contract or confidentiality agreement, and stipulate that after the labor contract is dissolved or terminated, the economic compensation will be paid to the workers on a monthly basis during the non-competition period. If the laborer violates the non-competition agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

Article 24 Scope and duration of application of non-competition restrictions The personnel with non-competition restrictions are limited to the senior managers, senior technicians and other personnel with confidentiality obligations of the employing unit. The scope, area and time limit of non-competition shall be agreed by the employer and the employee, and the agreement on non-competition shall not violate the provisions of laws and regulations.

After the dissolution or termination of the labor contract, if the personnel specified in the preceding paragraph go to other employers that have a competitive relationship with their own units to produce or operate similar products or engage in similar businesses, or start their own businesses to produce or operate similar products or engage in similar businesses, the non-competition period shall not exceed two years.

Article 25. 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. ?

The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (IV)?

Article 6 If the parties agree on non-competition in the labor contract or confidentiality agreement, but do not agree to give economic compensation to the workers after the labor contract is dissolved or terminated, and the workers have fulfilled their obligations of non-competition and require the employer to pay economic compensation on a monthly basis at 30% of the average wages of the workers in the twelve months before the dissolution or termination of the labor contract, the people's court shall support it.

Where 30% of the average monthly salary specified in the preceding paragraph is lower than the minimum wage standard in the place where the labor contract is performed, it shall be paid according to the minimum wage standard in the place where the labor contract is performed.

Article 7 The parties agree on non-competition and economic compensation in the labor contract or confidentiality agreement. When the parties terminate the labor contract, unless otherwise agreed, if the employer requires the employee to perform the obligation of non-competition, or if the employee requires the employer to pay economic compensation after performing the obligation of non-competition, the people's court shall support it.

Article 8 The parties have agreed on non-competition and economic compensation in the labor contract or confidentiality agreement. After the labor contract is dissolved or terminated, if the economic compensation has not been paid for more than three months due to the employer's reasons, the people's court shall support it.

Article 9 During the period of non-competition, the people's court shall support the employer's request to terminate the non-competition agreement.

When the non-competition agreement is terminated, the people's court shall support the laborer's request to the employer to pay the laborer an additional three-month non-competition economic compensation.

Article 10 After the employee violates the non-competition agreement and pays the liquidated damages to the employer, the employer requires the employee to continue to perform the non-competition obligation as agreed, and the people's court shall support it. ?