The issue of liquidated damages and training fees, the legal provisions on liquidated damages for tr

The training fee can be signed into the contract, but if the company wants you to pay the training fee, you need to provide the invoice for the training fee paid for you and the proof that you participated in the training, otherwise you can claim that you did not participate in the training and do not need to compensate. And even if the company can provide evidence, you must deduct 5,000 according to the proportion of the period of service you have served the company and the duration of the contract, for example, if you sign a contract for 5 years and 1,000 a year, the rest will need to be paid. And it has to be special training, and the kind within the company can't be counted.

Other liquidated damages are not compensable. In short, the new Employment Contract Law has been implemented, which is very beneficial to you. The key is whether the company can adduce evidence, because the burden of proof is on the company and not on you.

1. If the labor contract was signed after January 1, 2008, and you want to resign now, you only pay the training fee of 5,000 yuan, but not liquidated damages.

2. If the labor contract was signed before January 1, 2008, and you want to resign now, you have to pay the training fee and liquidated damages.

3. The training fee signed in the contract, if it is indeed out for training in actual work, the company shall bear the training cost, and the cost is 5,000 yuan or more, it should be legal, and the others should be illegal.

The training fee cannot be agreed, and it can only be recognized as the training fee recognized by the labor law according to the actual training expenditure of the unit and the special training invoice issued by the training institution for you.

Otherwise, the clause is invalid.

At the same time, liquidated damages are also prohibited by the Labor Contract Law and are also invalid.

Addendum: The crown upstairs is wrong, no matter when it was signed, both clauses are invalid, and there was a judicial interpretation on training fees before the Labor Contract Law came into effect. What's more, the training that the landlord unit said was internal training, which was even more ineffective.

The new contract law can be told to the unit one month in advance.

It is advisable to ask the law firm.

Now the new labor contract has come out.

It is recommended that you consult a specialist.

Paragraph 2 of Article 22 of the Labor Contract Law: If an employee violates the service period agreement, 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 unit that uses the trousers.

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. Article 16 of the Regulations for the Implementation of the Labor Contract Law stipulates that the training expenses stipulated in the second paragraph of Article 22 of the Labor Contract Law include the training expenses paid by the employer for the purpose of providing professional and technical training to the employee, the travel expenses during the training period and other direct expenses incurred by the employee for the training. Article 26 of the Regulations for the Implementation of the Labor Contract Law stipulates that if the employer and the employee have agreed on the service period, and the employee terminates the labor contract in accordance with Article 38 of the Labor Contract Law, it shall not be regarded as a violation of the service period agreement, and the employer shall not require the employee to pay liquidated damages.

Article 22 of the Labor Contract Law of the People's Republic of China 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. If the employer agrees with the employee on the period of service, it does not affect the increase in the employee's net labor remuneration during the period of service in accordance with the normal wage adjustment mechanism.

Legal Analysis: If an employee violates the service period agreement, 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 in a single plex of concealment.

Legal basis: Civil Code of the People's Republic of China

Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:Where one of the parties clearly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period. Tanzhou.

Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.

Article 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in an inconsistent manner with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.