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According to Article 16 of the Labor Contract Law and Article 16 of the Regulations for the Implementation of the Labor Contract Law, if the employer does not send you to a training institution for training, then this deduction is illegal.
If you want to fully protect your legitimate rights and interests, it is recommended that you take a look at the Labor Law, the Labor Contract Law and the Regulations for the Implementation of the Labor Contract Law, so that you can know what aspects the employer has violated your rights and interests, which will benefit you for the rest of your life.
Termination of the labor contract is a right granted to the employee by Article 37 of the Labor Contract Law, and if you want to terminate the labor contract, you do not need to apply to the employer and the employer will approve it. The termination of the employment contract is your decision, and you only need to notify the employer in accordance with the law and prove that you have given written notice, then the procedure for terminating the employment contract is in accordance with the provisions of the Labor Contract Law, and you will not be liable for compensation as stipulated in Article 90 of the Labor Contract Law. If the employer falls under any of the circumstances described in Article 38 of the Employment Contract Law, you may also claim economic compensation in accordance with Article 46 of the Employment Contract Law.
After submitting the notice of termination of the labor contract, it does not matter whether it is approved or not, the key is to have someone sign for it as proof of the termination of the labor contract in accordance with the law, otherwise the bad unit will say that you have left the job voluntarily and have not submitted the resignation report, putting all the responsibility on you, and also finding an excuse for not paying your recent salary. If the employer does not pay your wages on the last day of work, you can apply to the local labor dispute arbitration commission for arbitration, and request the payment of wages and related economic compensation in accordance with the provisions of Article 85 of the Labor Contract Law.
1. I am .........If the employer infringes upon your legitimate rights and interests, it is better to state the reason so that it is convenient to present evidence later), decide to terminate the labor contract with the company, and work until a certain year, month and day at the latest;
2. Please notify the company in writing (the notice must have a company seal, otherwise it is invalid) I hand over the work with someone on a certain day, if I do not receive a valid written notice, I will be deemed that the company does not need to hand over in person, and I will not be liable for the inconvenience or loss caused to the company;
3. On the date of handover of work, please settle the salary and other related expenses stipulated in the Labor Contract Law in accordance with the provisions of Article 9 of the Interim Provisions on the Payment of Wages, and provide me with the certificate of termination of the labor contract stipulated in Article 50 of the Labor Contract Law, the content of which shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law, otherwise I reserve the right to apply for arbitration or litigation. If the company does not need to hand over in person, the above matters will be completed before a certain day (the last working day) of a certain year, a certain month, and a certain time (the end of work).
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In this case, if the employer deducts wages without reason, you can apply to the local labor inspection department to file a case and ask them to help you solve the problem of wage deduction.
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Is it mentioned in the contract?
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If you have signed a training agreement or some agreement, it is agreed that you need to deduct it. Otherwise, it should not be deducted.
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1.If the company provides you with special training, the training cost is borne by the company or the company purchases training hardware, etc., and you have signed a training service agreement with the company, there will be a calculation method for compensation costs in the event of resignation in the general agreement, if you have signed a similar agreement, it is recommended that you study the provisions of the agreement.
2.If you do not have any training agreement with the company, or if there is no compensation agreement in the case of resignation, then the employment contract will not directly stipulate your training fee, and you do not need to pay this training fee.
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Do you have a training agreement? If not, it should not be deducted.
Article 22 Where 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 period of service.
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.
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.
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If it is unreasonable, negotiate with the company to solve it. No, go directly to labor arbitration.
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There's nothing you can do but do it, because people are going to take you to court, and you'll be miserable. Besides, it's all about the same, and you may not be able to find a better one if you quit. After participating in the training, the company wants to reuse you.
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How much does it cost? It feels unreasonable to sign up for a 10-year service period, and it is illegal to ask you to pay compensation!
If you are insisted on compensating for the training fees, you can apply for labor arbitration!
I am a labor arbitrator, and I hope my answers can help you!
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What form is it? I also plan to change jobs!!
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The company's practice is unreasonable, if every employee has training, then it is pre-job training in law, and no compensation is required;
The training that needs to be compensated refers to the professional knowledge and skills that the average employee does not have, and everyone in your company is trained, which does not belong to this category
In addition, the compensation agreement is partially invalid, and the calculation of the remaining service period is the service period signed at the time of the original training, and the extension of the employment contract is not an automatic extension of the service period, which is unfavorable to the employee and is also illegal under the law
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If the company pays for your training, if you leave the contract before it expires, you will be compensated according to the contract signed.
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The company gives employees reasonable and legal training, and both parties to the agreement are guaranteed, but the rights and obligations, and responsibilities should be equal, and the loss is not equal, so you can only do it or lose money.
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1. For the issue of training fees, compensation for the company's training fees = (the company's designated service years - the number of years of work) the company's designated service years * training fees. However, this training refers to the special training provided by the company to the workers, and the service agreement must be signed. If the company does not train you in specific skills, this fee is not payable.
2. If you are already a regular employee, you can submit a written resignation application 30 days in advance, and you can leave after 30 days, and the company cannot force you to stay.
3. Resignation certificate, the company should issue a resignation certificate after you legally resign, which is the company's obligation, you don't have to file a lawsuit with the company, because the procedure is complicated, you can first complain to the labor inspection team, and then find the labor arbitration bureau.
4. It is recommended to negotiate with the company and explain the interests to the company, if it comes to the litigation procedure, it will also have an adverse impact on the company, and the company will also feel very troublesome.
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It is best to be able to negotiate, but you don't want to fall behind because of worry now, after all, the law protects the worker, the training fee will not affect the legal termination of the labor relationship, and you can still leave the job, as long as the normal procedures are met (1 month). As for the amount of training fees, it belongs to the civil category, even if the company wants to file a lawsuit, it will not affect your normal resignation. And I think that companies generally don't spend the cost to fight lawsuits with departing employees, which is not cost-effective.
It may scare you now, don't be intimidated. Of course, peace is precious, you can't be too tough when negotiating, and it's best to reconcile, so that you can get together and disperse. Good luck!
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The cost of the training must have a clear legal and factual basis, otherwise you do not need to bear it.
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Article 22 of the Labor Contract Law stipulates that "the employer shall provide the employee with special training expenses, provide him with professional and technical training, and enter into an agreement with the employee to stipulate the service period." "If an employee violates the service period agreement, the employee may be required to pay liquidated damages to the employer in accordance with the agreement. You have not agreed on the length of service, so the company has no right to withhold your salary as liquidated damages for training fees, you can go to the local labor arbitration department to apply for arbitration, and pay attention to collect the salary slip or salary card bank details as evidence.
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If there is no agreement, it is illegal for the company to deduct liquidated damages.
There is no training agreement or service period, and there is no concept of liquidated damages. The deduction of wages violates Article 85 of the Labor Contract Law
In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
- Go to the labor bureau to complain or apply for arbitration.
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Obviously it's not legal. As long as there are no previous unfavorable terms related to resignation, there is no problem.
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If it's not legal, go to the local human resources guarantee bureau to report it, and then you can't sue it, but you have to be prepared, it will be troublesome.
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OK. If there is evidence that you really got leukemia because of work, it is best to have a certificate or something, but this is usually difficult. Do you mean compensation other than medical expenses?
Traditional Chinese festivals mainly include Spring Festival (the first day of the first lunar month), Lantern Festival (the fifteenth day of the first lunar month), Dragon Raising Heads (February 2), Sheri Festival (February 2), Qingming Festival (around April 5 of the Gregorian calendar), Dragon Boat Festival (the fifth day of the fifth lunar month), Qixi Festival (the seventh day of the seventh lunar month), July and a half (the 14th and 15th of the seventh month of the lunar calendar), Mid-Autumn Festival (the 15th day of the eighth month of the lunar calendar), Chongyang Festival (the ninth day of the ninth month of the lunar calendar), the Winter Solstice Festival (December 21 23 of the Gregorian calendar), Chinese New Year's Eve (the last day of the end of the year) and so on.
The weather is still good this year.