1. Who will bear the training expenses in the Labor Contract Law?
It shall be borne by the company, but the company may agree on the working years and liquidated damages with the workers. According to the provisions of Article 22 of the Labor Contract Law, if an employer provides a special labor contract law training fee for its employees and provides them with professional and technical training, it may conclude an agreement with the employees 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. It can be seen that the employer requires the laborer to pay the liquidated damages on the condition that,
1. The training provided by the employer is professional and technical training, that is, training to improve specific skills, rather than general skills training required for this position, such as pre-job training.
2. Agree the service term with the laborer; If these two conditions are met at the same time, employees who resign before the expiration of the service period need to pay the unit liquidated damages. The formula for calculating the specific amount is the unfulfilled part (year) of the agreed service period of the training fee paid by the unit for employees.
Second, the labor contract may stipulate liquidated damages.
1, the liquidated damages can be stipulated in the training service period agreement.
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. 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.
2. The liquidated damages can be stipulated in the non-competition agreement.
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 the economic compensation shall be paid to the workers every month during the non-competition period after the lifting or termination.
Training can be stipulated in the labor contract, but the unit can't ask the employees to pay the training fee in the name of training, but the unit can sign a contract with the employees containing the labor term and stipulate a certain amount of liquidated damages. The amount of liquidated damages shall be calculated with reference to training expenses and actual losses, and should not be too high.