I want to terminate the labor contract during the probationary period, and the company asks for paym

Updated on workplace 2024-03-02
8 answers
  1. Anonymous users2024-02-06

    For non-special training, there is no need to pay.

    If there is special training, the liquidated damages to be paid shall be limited to the training fee that should be apportioned during the unperformed contract period.

  2. Anonymous users2024-02-05

    Liquidated damages are to be paid, but they do not need to be paid in full, and are paid according to the amount actually incurred.

    If the company's HR does not agree, you can directly go to the local labor department to apply for arbitration, and the company needs to provide proof of detailed training costs and specific methods for apportionment. The National Labor Department consults ****12333.

    It is possible to ask the company for a full refund of the deposit, and you only need to give three days' notice.

    Chapter 2 Article 9 When an employer recruits a worker, it shall not seize the worker's resident identity card and other documents, and shall not require the worker to provide a guarantee or collect property from the worker in any other name.

    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.

    Chapter 4 Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

  3. Anonymous users2024-02-04

    First of all, it depends on whether the training is a special professional training, if it is a regular training, there is no need to pay liquidated damages, if it is professional or special training, including outsourcing payment forms, special expenses for internal use, etc., if there is a breach of the agreement, you need to pay liquidated damages, but not more than the training fee;

    secondly, it is illegal for the company to collect a deposit;

    Finally, you can leave the company without paying liquidated damages, on the grounds that the company violated the contract and changed the work content and hours without the consent of the employee. If you file a complaint with the labor management office on this basis, you will be supported and you can demand payment of wages for the period.

    If you don't want to trouble, just leave this company and leave yourself, then you can't help it, you lose 3,000 yuan. In the future, don't make a deposit like a factory. Such units are often unreliable.

  4. Anonymous users2024-02-03

    Yes, rest assured, it has been illegal for businesses to collect deposits. And to provide training, it is believed that there is no service contract.

  5. Anonymous users2024-02-02

    There is only one kind of contract, and there is no such thing as a probationary contract, which is illegal and has no legal effect.

  6. Anonymous users2024-02-01

    During the probationary period, the employer may not terminate the contract at will, and the employer shall not terminate the labor contract unless the employee has the circumstances specified in Article 39 and Article 40, Paragraphs 1 and 2 of the Labor Contract Law. If an employer illegally terminates a labor contract, it is required to pay severance compensation.

    Article 21 of the Labor Contract Law provides that during the probationary period, the employer shall not terminate the labor contract unless the employee has the information provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

  7. Anonymous users2024-01-31

    Article 21 of the Labor Contract Law stipulates that during the probationary period, the employer shall not terminate the labor contract except for the circumstances specified in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the contract during the probationary period, it shall explain the reasons to the employee.

  8. Anonymous users2024-01-30

    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.

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