1. How does the Labor Contract Law stipulate the training fee?
People's Republic of China (PRC) 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.
Second, how to write the labor contract?
labour contract
Party A (employer) _ _ _ _ _ _
Attribute: _ _ _ _ _ _ _
Address: _ _ _ _ _ _
Legal representative (person in charge of the unit) _ _ _ _ _ _
Party B (laborer) _ _ _ _ _ _
Gender: _ _ _ _ _ _
Age: _ _ _ _ _ _
Permanent address: _ _ _ _ _ _
Due to the need of production (work), with the approval of the labor department, Party A agrees to hire Party B to work in this enterprise, and according to the relevant national and provincial regulations, both parties agree to sign this contract through voluntary negotiation.
Article 1 Term of Contract
The term of this contract is from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 2 Production (Work) Tasks
Party B agrees to comply with Party A's production (work) needs and engage in _ _ _ _ _ _ _ _ _ _ _ production (work) tasks.
Article 3 Production (working) conditions
According to the requirements of the post and referring to the relevant national and provincial regulations, Party A shall be equipped with necessary safety protection facilities: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party A shall formulate various rules and regulations according to relevant national and provincial regulations; Party B shall consciously abide by the relevant labor laws and regulations stipulated by the state and the province and the rules and regulations of the enterprise, obey the management and actively do a good job.
Article 5 Working hours and remuneration
Working hours: Party A's working hours are _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Labor remuneration: According to the relevant national regulations, the actual situation of the unit and the post and task undertaken by Party B, Monthly (daily) RMB ... overtime pay: legal holidays are _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Party B's salary is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Party A shall pay wages in full and on time on _ _ _ _ every month. If the date is overdue, the number of days in arrears shall be calculated from the sixth day, and Party A shall pay compensation to Party B at the rate of 1% of the wages in arrears every day.
Article 6 Social insurance benefits
Article 7 Modification, Termination and Dissolution of the Contract
Article 8 Liability for breach of contract
If either party violates the labor contract and causes economic losses to the other party, it shall give the other party economic compensation in accordance with the relevant provisions of the state and the province.
Article 9
In case of any dispute arising from the performance of this Labor Contract, the parties concerned shall apply to the Labor Dispute Mediation Committee of this enterprise for mediation within 15 days. If mediation fails, it may apply to the local labor dispute arbitration committee for arbitration within 60 days.
Article 10 In case of any conflict between the terms of this contract and the newly promulgated national and provincial laws, regulations and rules, the new laws, regulations and rules shall prevail.
Article 11 Other matters that need to be agreed by both parties Article 12 This contract shall come into effect as of the date of signing, in triplicate, one for each party and one for the forensic organ. Alteration or signature without legal authorization is invalid.
Party A (seal) _ _ _ _ _ _
Party B (signature) _ _ _ _ _ _
Legal representative (signature) _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
It can be seen that the amount of training fees is not mandatory in China's legal system, and not all new employees must undergo professional technical training. The legal nature of pre-job training is different from professional and technical training. If the company does not provide special training fees, the service period cannot be agreed in the labor contract casually.