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Can the company sign a training agreement with employees when training employees? What should be paid attention to?
Providing special training is one of the two statutory conditions for the establishment of liquidated damages stipulated in the Labor Contract Law. "Special training" refers to professional and technical training, including professional knowledge and vocational skills. , and employee induction training and safety education do not belong to this category. Generally speaking, it is a typical "special training" for companies to use foreign machines or introduce foreign projects to send workers abroad for training so that they can engage in this work in the future. Article 22 of the Labor Contract Law stipulates: "If an employer provides special training fees 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." In other words, when training employees, the company can sign a training agreement with employees, and there is no upper and lower limit on the service life. Matters needing attention in signing the training agreement: 1. The training agreement should be attached to the labor contract. If the service period of the training agreement has not expired, the enterprise and the employee shall keep the training service period consistent with the labor contract period when renewing the labor contract. Second, the training fee for probationary employees should not be too large, and only some induction training can be carried out. Third, when signing a training agreement with employees, enterprises should pay attention to writing clearly the training name, the specific starting and ending time of training and the starting and ending time of service period after training. Fourth, there should be a clear punishment standard for employees who drop out of school for personal reasons, and it should be stated in the training agreement. Sixth, it should be noted that employees should have an evaluation after the training or during the training according to the length of time, and I should write a learning summary. For important training, after the training, it should be indicated that the enterprise has the right to adjust the work authority or give relevant positions according to the assessment. Seventh, the service period should be clearly marked, especially for those who have participated in many trainings, relevant mathematical formulas should be applied to stipulate the training service period, and attention should be paid to cumulative calculation. In addition, according to the provisions of the state on the duration of training services, training costs are decreasing year by year. Eighth, enterprises should pay attention to a practical problem when signing relevant training agreements, that is, many people leave without saying goodbye because they can't afford the training fees. Here, it is suggested to adopt the guarantor system: there should be clear regulations on the guarantor, including the guarantor's age, real estate, property, income, body, identity, family and main contact information. If it is an employee's letter of guarantee of our company, it should also specify the conditions such as the constraints on my relevant labor contract. It should be noted that one person can't protect many people, and students can't protect each other. In addition, it should be noted that when determining the training target, the guarantor must be determined, so as not to affect the trip after obtaining the passport for training abroad because there is no guarantor. Ninth, establish the consciousness of keeping original documents as evidence in possible disputes. Tenth, when assigning employees to go abroad for training, employees should receive training at the foreign headquarters of the investor as far as possible for management. If the conditions are not mature, relevant matters should be agreed in the entrusted training agreement signed between the enterprise and the international training institution to ensure that the trainees return to the entrusted enterprise after returning home. Such as training certificate and professional title certificate. , should be handed over to the enterprise, which will send it to the designated training staff. Try to avoid job-hopping and flight during the training. Eleven, the liability for breach of contract should be clear, pay attention to whether there is any contradiction between the training agreement and the relevant specific provisions of the company and how to deal with it.