1. What is the training fee agreed in the labor contract?
Article 22 of the Labor Contract Law: Where an employer provides special training fees for laborers and provides them with professional and technical training, it may conclude an agreement with the laborers 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.
The training expenses stipulated in the second paragraph of Article 22 of Article 16 of the Regulations for the Implementation of the Labor Contract Law include the well-documented training expenses paid by the employer for the professional and technical training of the workers, the travel expenses during the training period and other direct expenses incurred by the workers due to the training.
Second, the employee does not need to compensate the training fee when canceling the contract.
Article 36 of the Labor Contract Law: The employer and the employee may terminate the labor contract through consultation.
Article 37 A laborer may terminate the labor contract by giving a written notice to the employing unit 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.
Article 38 A laborer may terminate the labor contract under any of the following circumstances:
(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 laborers 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 Article 26 (1) of this Law;
(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.
Seventeenth labor contract expires, but the service period agreed by the employer and the employee in accordance with Article 22 of the Labor Contract Law is not expired, the labor contract shall continue until the expiration of the service period; Unless otherwise agreed by both parties, the agreement of both parties shall prevail.
Third, the conditions for employees to compensate for training fees.
According to the employer's claim to the person who terminates the labor contract in advance, the training fee is limited to the scope of "funded training". Specifically, it refers to one of the following circumstances: (1) entrusting full-time colleges, research institutes, training centers and vocational schools to train students; (2) academic training; (three) foreign language proficiency training, professional and technical titles (promotion) training, labor skills training and other capacity training; (4) Training, further study, studying abroad or in other places, being a visiting scholar, etc. Its expenses include various tuition and fees, round-trip transportation expenses, settling-in expenses and living allowance during going abroad. The payment voucher provided by the employer mainly refers to the tuition and miscellaneous fees for employee training, and generally does not include the cost of hiring lecturers and purchasing equipment. The company provides "internal training" for employees. If the company can't provide proof of payment, employees can refuse to pay compensation.
To sum up, the labor contract training fee mainly refers to the expenses paid by the employer for the special technical training of the workers, including the travel expenses or other expenses that may occur when the workers participate in the training. The general training meeting will sign an agreement to specify the service period. Employees who fail to attend the training as agreed during the service period need to pay liquidated damages to the unit, but the liquidated damages cannot exceed the training expenses paid by the unit.