1. liquidated damages can be stipulated in the training contract. If the trainees did not attend the training in violation of the contract and should pay liquidated damages as agreed, they should pay liquidated damages as agreed;
2. The amount of liquidated damages for training fees generally does not exceed 30% of the training fees, and the liquidated damages can be deemed invalid;
3. The failure of the training institution to provide training services in accordance with the contract also constitutes a breach of contract, and it shall bear corresponding liabilities for breach of contract. If the training institution is unable to provide services due to force majeure and other factors, it shall be handled in accordance with relevant laws and regulations;
4. If the training institution does not clearly stipulate the amount of liquidated damages in the training contract, the court or arbitration institution shall make a ruling according to the difficulty of contract performance and the degree of losses caused to both parties after breach of contract.
The penalty for training fees refers to the amount of penalty for failing to pay the training fees on time or dropping out of school when the training institution signs a training agreement with the trainees:
1. The amount of liquidated damages for training fees needs to be clearly stipulated in the training agreement, and it should be reasonable and not too high;
2. When signing the training agreement, students are advised to read the terms of the contract carefully to understand the agreement and amount of liquidated damages for training fees;
3. If the trainees fail to pay the training fee on time or drop out of school, the training institution has the right to require the trainees to pay liquidated damages;
4. If the trainees do not agree to pay the liquidated damages, the training institution has the right to take legal measures to safeguard its legitimate rights and interests.
To sum up, training institutions should abide by relevant laws, regulations and ethics when agreeing on liquidated damages for training fees, and must not involve illegal acts or acts that violate public order and good customs. At the same time, training institutions should be reasonable when agreeing on the penalty for training fees, and should not be too high, otherwise it may cause dissatisfaction and complaints from consumers.
Legal basis:
Article 22 of People's Republic of China (PRC) Labor Contract Law
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. 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 workers 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.