1、? The enterprise has paid the training fee for the training, and has proof of payment voucher;

2、? The training fees paid by enterprises are special training fees, not non-special training such as safety and environmental protection;

3、? The training provided by enterprises for employees must be professional and technical training.

Otherwise, the unit's claim has no legal basis.

The following is a case:

How to distinguish between vocational training and special technical training provided by the unit?

Source: zhaona 10 17: Date: 2012-12-/5.

abstract

Brief introduction of the case

The defendant argued that when the plaintiff took the defendant's application examination on June 5, 2008, he said in the application form that he had never driven a container tractor before, and the defendant provided training for the plaintiff. The plaintiff promised in writing that if the plaintiff leaves his job before the expiration of the contract, he will voluntarily compensate the defendant for the fuel cost and vehicle loss of 3,000 yuan. The plaintiff violated the labor contract and resigned before the expiration of the contract period. Therefore, the plaintiff should compensate the defendant for the training fee and vehicle wear and tear fee of 3000 yuan according to the written commitment. The court found through public hearing that the plaintiff was employed as the defendant on June 15, 2008 after being trained by the defendant for 10 days and passing the examination. Previously, the plaintiff submitted an application form according to the defendant's request, which read: "I came here to take the exam on June 15, 2008. As I have never driven a container tractor and can't back up, I apply for an internship here. I signed a labor contract with the company after I learned about it. If I don't sign a contract with the company or leave or resign before the expiration of the contract, I will voluntarily compensate the company for its own vehicle fuel and vehicle loss during the internship period, amounting to RMB 3,000. " On June 9, 2008, the plaintiff and the defendant signed the Labor Contract, stipulating that the term of the labor contract would be from June 9, 2008 to June 9, 2008. From June 20 18 10, the plaintiff worked as a driver. The plaintiff applied to the defendant for resignation on September 29th, 2008, and submitted his resignation to the defendant before the expiration of the labor contract on October 29th, 2008. On July 7, 2009, the defendant filed an arbitration with the Labor Dispute Arbitration Commission, demanding that the plaintiff compensate the defendant for the training fees and vehicle wear and tear? 3000 yuan. On August 6, 2009, the Labor Dispute Arbitration Commission ruled that the plaintiff paid the defendant 2,375 yuan for the unpaid service period. The plaintiff refused to accept the arbitration award and brought a lawsuit to the court.

Therefore, the defendant in the first instance

After the judgment of the court of first instance, the plaintiff refused to accept it and appealed to the intermediate people's court.

The Municipal Intermediate People's Court held that the focus of the dispute in this case was whether it was legal for the plaintiff and the defendant to agree in the application that if the plaintiff resigned early, he should compensate the company for the loss of fuel and vehicles of 3,000 yuan. According to the provisions of Article 22 of the Labor Contract Law of People's Republic of China (PRC), 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. The professional and technical training here should be different from the vocational training stipulated in the Labor Law of People's Republic of China (PRC). According to the provisions of the Labor Law, the employer has the responsibility to provide employees with necessary vocational training to improve their labor skills or make them better qualified for their jobs, and the employer cannot agree with employees on liquidated damages for this. According to the agreement of the parties to this case, the plaintiff did not drive the container tractor when applying for the job and would not reverse the car. The defendant gave the plaintiff an internship opportunity, and the plaintiff signed a labor contract with the defendant after studying. Accordingly, the plaintiff has driving qualifications and skills, but has never driven a container tractor and needs training before taking up his post. The internship offered by the defendant to the plaintiff actually has the nature of pre-job training and probation, which should belong to vocational training rather than professional and technical training in nature. The plaintiff needs to spend a certain amount of fuel and cause vehicle wear during the practice, but the above losses are inevitable expenses and consumption during the driving practice. According to common sense, fuel consumption and vehicle wear in this case obviously cannot be equated with special training expenses. Therefore, this case does not belong to the situation that the employer provides special training fees to provide professional and technical training for workers as stipulated in the Labor Contract Law of People's Republic of China (PRC). The defendant and the plaintiff agreed to compensate the company for vehicle fuel and vehicle wear in the case of early resignation, which violated the mandatory provisions of the law that the employer should not agree with employees on liquidated damages. This agreement is invalid this year. 1, the original trial; 2、

Legal analysis

According to the trial practice, when determining whether a training is vocational training or professional technical training, the following aspects can usually be considered:

The second is the object of training. The scope of vocational training is generally unrestricted, which can include all workers in the unit or all employees engaged in a certain type of work. This is a common training. The object of professional and technical training is the individual workers, usually the personnel determined by the employer after strict selection, and it is professional and individual training.

The fourth is the training cost. Vocational training costs are included in the daily employee education funds by the employer, and the amount allocated to each employee should generally not be too high. The training fee for professional and technical training is usually high, and the employer may have to pay additional expenses such as transportation, accommodation and training allowance. The above training fees and expenses need to be included in the employer's special training fees and budget.