Do I have to compensate for part of the training costs after I leave my job?

Updated on society 2024-03-24
3 answers
  1. Anonymous users2024-02-07

    There is no need to bear it.

    Zongheng Legal Network-Sichuan Gaoyang Law Firm-Lawyer Yu Yuanjun.

  2. Anonymous users2024-02-06

    Legal Analysis: Unreasonable. According to the Reply of the General Office of the Ministry of Labor on the Basis of Termination of Labor Contract during the Probationary Period, if the employer pays for various technical training for the employee, and the employee proposes to terminate the labor relationship with the employer, the employer shall not require the employee to pay the training fee if the employee is during the probationary period.

    Legal basis: Article 3 of the Reply of the General Office of the Ministry of Labor on the Basis of Termination of Labor Contract during the Probationary Period, if the employer contributes capital (i.e., the case of payment of monetary vouchers) to provide various technical training to employees, and the employee proposes to terminate the labor relationship with the employer, the employer shall not require the employee to pay the training fee if it is during the probationary period. If the probationary period expires, during the contract period, the employer may require the employee to pay the training fee by the following means:

    If the service period is agreed, the amount of capital contribution shall be divided equally according to the service period, and the payment shall be reduced according to the service period performed by the employee; If the service period is not agreed, the amount of capital contribution shall be divided equally according to the period of the labor contract, and the payment shall be reduced according to the contract period that the employee has performed; If there is no agreed contract period, the amount of capital contribution shall be divided equally according to the 5-year service period, and the payment shall be reduced according to the service period that the employee has performed; Where the two parties have already agreed on the method of calculating the regression, the congratulatory notice shall prevail. If the employee requests to terminate the contract upon expiration, the employer shall not require the employee to pay for the training. If the employee is recruited at the expense of the employer, and the employee terminates the labor contract with the employer during the contract period (including the probation period), the employer may claim compensation from the employee in accordance with Article 4, Paragraph 1 of the Measures for Compensation for Violation of Relevant Labor Contract Provisions (Lao Bu Fa [1995] No. 223).

  3. Anonymous users2024-02-05

    Whether or not a separation requires compensation for training fees depends on the circumstances:

    1. Compensation for training fees:

    1) If the employee signs a service period agreement with the employer, the employee shall compensate the company for the training fee when resigning. According to the law, if 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;

    2) In labor arbitration, the employer shall provide evidence for the special service fee incurred, and if there is no evidence, it will not be supported. The amount of liquidated damages shall be paid in proportion to the unfulfilled service period;

    2. If there is no service period agreement, or other circumstances, no compensation is required.

    Legal basisArticle 22 of the Labor Contract Law of the People's Republic of China.

    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 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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