What is a Labor Law Contract? What is the Labor Contract Law?

The Labor Contract Law of the People's Republic of China is a legal provision on labor contracts formulated to clarify the rights and obligations of both parties to labor contracts, protect the legitimate rights and interests of employees, and build and develop harmonious and stable labor relations.

Labor contract, also known as labor contract, labor agreement. The labor contract is the basic legal form for adjusting the labor relationship, and it is also the basic premise for establishing the labor relationship between the employee and the employer, and occupies a core position in the labor law. Based on the term of the contract, labor contracts can be divided into fixed-term labor contracts, indefinite-term labor contracts, and labor contracts with a term of completion of certain work tasks.

The term of the labor contract refers to the effective time of the labor contract, the time when the labor contract entered into by both parties begins and ends, and the time when the labor relationship is legally binding.

The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Legal basis] Labor Contract Law of the People's Republic of China

Article 4 [Rules and Regulations] Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and fulfill labor obligations.

When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.

In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.

The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.

Article 72 of the Labor Law and the Labor Contract Law. Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law. Labor Contract Law:

Article 16 A labor contract shall be agreed upon by the employer and the worker through consultation, and shall be signed or sealed by the employer and the worker on the text of the labor contract. The employer and the employee shall each hold one copy of the labor contract. Article 17 A labor contract shall have the following clauses:

1) The name, domicile and legal representative or principal responsible person of the employer; (2) The worker's name, address, resident ID card or other valid identification number; (3) The term of the labor contract; 4) The content of the work and the place of work; (5) Working hours, rest and vacation; (6) Labor remuneration; (7) Social insurance; Labor protection, working conditions and occupational hazard protection; (9) Other matters that shall be included in the labor contract as provided by laws and regulations. In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, keeping the confidentiality of dusty dust, supplementary insurance and welfare benefits. Labor Contract Law of the People's Republic of China:

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If an employer and an employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage. (From the day after the expiration of one month from the date of employment).

Article 1 of the Labor Contract Law of the People's Republic of China This Law is enacted for the purpose of improving the labor contract system, clarifying the rights and obligations of both parties to the labor contract, protecting the legitimate rights and interests of employees, and building and developing harmonious and stable labor relations.

Regulations for the Implementation of the Labor Contract Law of the People's Republic of China:

Article 27 The monthly wage of economic compensation as stipulated in Article 47 of the Labor Contract Law shall be calculated according to the wages due to the employee, including hourly wages or piece-rate wages, as well as monetary income such as bonuses, allowances and subsidies. If the average salary of an employee in the 12 months prior to the termination or termination of the labor contract is lower than the local minimum wage standard, it shall be calculated in accordance with the local minimum wage standard. If a worker has worked for less than 12 months, the average wage shall be calculated according to the number of months actually worked.

Procedures for unilateral termination of labor contracts by employers.

If the employer unilaterally terminates the labor contract in accordance with Articles 39 and 40 of the Labor Contract Law, it shall perform the following procedures:

1) A written notice of termination of the labor contract shall be prepared and served on the employee, and the notice of termination of the labor contract shall state the facts, reasons and basis for the termination of the labor contract by the employer.

2) The labor union shall be notified of the reasons for the termination of the labor contract in advance. If an employer violates the provisions of laws, administrative regulations or the provisions of the labor contract, the trade union has the right to request the employer to make corrections. The employer shall study the opinions of the trade union and notify the trade union in writing of the result.

The termination of a labor contract by an employer is closely related to the interests of employees, and a trade union is an organization that safeguards the legitimate rights and interests of employees. If the employer informs the labor union of the reasons for unilaterally terminating the labor contract in advance, the labor union will be able to discover and stop the illegal termination or infringement of the rights and interests of the employees in a timely manner.

3) Issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and go through the formalities for the transfer of files and social insurance relations for the employee within 15 days.

4) If the employer shall pay economic compensation to the employee in accordance with the relevant provisions of the law, the employer shall pay the pure draft when the worker completes the work handover. The employer shall keep the text of the labor contract that has been dissolved or terminated for at least 2 years for future reference.

In daily life, the employer must fulfill the obligation to sign the labor contract in accordance with the provisions of the Labor Contract Law of our country, otherwise there is a fault and a certain amount of compensation needs to be paid.

If it does not meet the requirements, an agreement shall be signed for special training to stipulate the service period and liability for breach of contract. Now I haven't even said verbally that the deduction is an illegal deduction of the employee's labor remuneration, and you can complain to the labor administrative department.

Article 22 Service Period.

If an employer provides a worker with special training expenses and provides him with professional and technical training, it may enter into an agreement with the worker to stipulate the service period. If the employee 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 fees provided by the employer.

The liquidated damages required by the employer shall not exceed the unfulfilled part of the service period.

The cost of the training should be shared. If the employer and the employee agree on the service period, it will not affect the increase of the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism.

Article 16 The training expenses provided for in Paragraph 2 of Article 22 of the Labor Contract Law include the training expenses paid by the employer for the purpose of providing professional and technical training to the employee, the travel expenses during the training period and other direct expenses incurred by the employee as a result of the training.

There is no requirement in the Labor Contract Law that training fees can be deducted, and the Labor Law stipulates that employees cannot be deducted from their wages for any reason, and they cannot be charged for clothing and training.

According to what you have said, since there is no training, the training fee deducted at the time of departure is wrong.

The purpose of the Labor Contract Law is to improve the labor contract system, clarify the rights and obligations of both parties to the labor contract, protect the legitimate rights and interests of employees, and build and develop harmonious and stable labor relations.

Of course, this is an unreasonable deduction, and it is a serious violation of the labor law0, you can appeal to the local labor department according to the actual situation, and let the labor department intervene to apply for arbitration.

The labor law does not stipulate that training fees should be deducted.