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There is no clear legality or illegality, only whether it is reasonable or not.
Article 22 of the Labor Contract Law stipulates that if an employer provides an employee with special training expenses and professional and technical training, it may enter into an agreement with the employee 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, and if the employer and the employee agree on the service period, it shall not affect the increase of the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism.
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It is not legal for the company to collect training fees in this way.
Pre-job training should be funded by the company, and should not be paid by the employees themselves. Please refer to the relevant provisions of the Labor Law.
1.If an employer violates the Labor Contract Law by recruiting workers to collect training fees, it shall refund those fees that have already been collected.
2.The training period is also an employment period, and cannot be used as an independent non-employment period, otherwise it is illegal.
3.The employer must sign the employment contract within one month after the employment (including all or part of the training period or all or part of the probationary period), otherwise it is illegal to pay double the salary for the period from the day after the employment of the employee for one month (the employee has been employed for one month) to the day before the supplementary labor contract. It should be signed within one month of the start of the training.
If you sign after 4 months, you will be paid double your salary for 3 months.
Labor Contract Law:
Article 9 When an employer recruits a worker, it shall not seize the worker's resident identity card and other documents, nor shall it require the worker to provide a guarantee or collect property from the worker in any other name.
Article 84 Where an employer violates the provisions of this Law by seizing a worker's resident identity card or other documents, the labor administrative department shall order the worker to return the worker within a specified period of time and impose a penalty in accordance with the relevant laws and regulations.
If an employer violates the provisions of this Law by collecting property from a worker in the name of guarantee or other means, the labor administrative department shall order the worker to return it within a specified period of time and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person; If any damage is caused to the worker, he shall be liable for compensation.
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 the employer and the employee conclude a labor contract before employment, the employment 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.
If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.
Where a worker dissolves or terminates a labor contract in accordance with law, and the employer seizes the worker's file or other items, it shall be punished in accordance with the provisions of the preceding paragraph.
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You can go to the labor office of each district for consultation, in general, the labor office will accept it, and will send a mediation letter, if you can't deal with it, you can only appeal to labor arbitration, but the time may be a little longer. This training contract is not established, because the company does not have the actual training expenses, it is just a restriction, the labor law is not recognized, good luck!
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You can find a labor arbitration commission to help solve the problem.
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Summary. It is illegal for an employer to collect training fees, and if an employer requests employment on the grounds of paying training fees, it may refuse to pay it, and if it has already paid, it can request a refund, report to the local labor department or initiate arbitration. The law stipulates that an employer shall establish a vocational training system, withdraw and use vocational training funds in accordance with national regulations, and conduct vocational training for workers in a planned manner according to the actual conditions of the employer.
If an employer requests employment on the grounds of paying a training fee, it may refuse to pay it, and if it has already paid it, it may request a refund, report it to the local labor department or initiate arbitration. The law stipulates that an employer shall establish a vocational training system, withdraw and use the funds for vocational training in accordance with national regulations, and conduct vocational training for workers in a planned manner according to the actual conditions of the unit.
Do you have any questions, I hope mine is helpful to you, hard work, give a thumbs up.
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