On the issue of the training fee stipulated in the probationary contract

Not legal, there are two points:

1. The new labor contract law has clear provisions:

Article 19 Where the labor contract only stipulates a probationary period, the probationary period shall not be established, and the term shall be the term of the labor contract.

Therefore, it is a violation of this article for the employer to require you to sign a probationary period, and if you sign it, you should be paid the salary after you are regularized!

2. Article 22 of the Labor Contract Law Where an employer provides a worker with special training expenses and 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 training expenses that should be apportioned for the unfulfilled part of the service period.

Note: The employer must spend special funds to carry out professional and technical training before it can claim compensation from the employee, if these two conditions are not met, it does not need to be compensated. For example, if it is a statutory training, there is no need for compensation.

Workaround:

If the employer is obsessed, you can sign, and when there is a labor dispute, you can go to the local labor dispute arbitration department to apply for arbitration (the application for arbitration is free), you stand on the labor contract law, you must win the lawsuit!

If you don't worry, you can take a look at the new labor contract law!

Finally, I wish you all the best in your work!!

08The new contract law stipulates that if you do not receive training, you do not need to pay liquidated damages.

If you do not receive training, you do not need to pay a training fee. You can negotiate a settlement, but if the negotiation fails, you can apply for labor arbitration or complain to the Labor Beam Supervision Brigade.

If you do not sign a special skills training, you do not need to compensate for the special training expenses when you resign. Workers need to pay attention to the following means to protect their rights in a timely manner, 1. Try to negotiate with the company first, after a wage dispute with the company, if the rubber trouble does not want to make the relationship stiff, or waste more time and energy, then it is recommended to negotiate with the other party peacefully. If you find it difficult, you can also ask the labor union or a third party to negotiate with the employer to reach a settlement agreement.

2. You can find someone to mediate, if your company is unwilling to negotiate, the negotiation is not successful, or the settlement agreement is still not performed, then you can also apply to the mediation organization for mediation. 3. Go to the labor department to complain that the employee has not been trained to ask for compensation for training expenses is a violation of the provisions of the labor law, so after the above ways to deal with the refusal to comply with the law, now it is best to go to the local labor inspection department in time to complain about the company's illegal behavior. 4. If the other party is still unwilling to mediate, or fails to mediate, or fails to perform after reaching a mediation agreement, you can also apply to the labor arbitration commission for arbitration if the other party is still unwilling to mediate according to the above solutions.

5. If it can't be solved, go to sue.

Steps to apply for labor arbitration, 1. Apply for filing, there are only three labor arbitration filing materials, labor arbitration application (in duplicate), a copy of my ID card, and a copy of the employer's registration information (which can be printed at the window of the local administrative service center or printed on the national enterprise information publicity system network), 2. Acceptance and submission of evidence, generally around several major points, to prove their in-service identity and position, to prove the existence of the company's illegal behavior, If you prove the composition of your salary, you need to bring the original ID card and the original evidence on the same day.

Legal Analysis: If the probationary period is over, the employer shall not require the employee to bear the training costs.

Legal basis: Article 22 of the Labor Contract Law of the People's Republic of China provides special training expenses for employees and provides them with professional and technical training, it may enter into an agreement with the employee to stipulate the service period.

If a worker violates the agreement on the service period, he or she 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 employing department shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period.

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.

Legal analysis: The training period and probation period are all within the labor contract.

Legal basis: Labor Contract Law of the People's Republic of China Article 19 If the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For a fixed-term contract of more than three years and a fixed-term contract with no fixed term, the probationary period shall not exceed six months. The same employer and the same employee can only agree on a probationary period once.

Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated. The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.