If the employer wants to terminate the contract, the certificate obtained during the training period

Updated on society 2024-04-17
17 answers
  1. Anonymous users2024-02-07

    It's yours, for the same reason. If you want to seek legal recourse, according to our labor law:

    Article 79: [Mediation] After a labor dispute occurs, the parties may apply to the labor dispute mediation committee of their unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

    Article 98 [Liability for Illegal Termination of Contract or Non-Contract] Where an employer terminates a labor contract in violation of the conditions stipulated in this Law or deliberately delays the conclusion of a labor contract, the labor administrative department shall order it to make corrections; If damage is caused to the worker, he shall be liable for compensation.

    You can seek relief by following the avenues above.

  2. Anonymous users2024-02-06

    Of course, it belongs to you, as for whether you need to pay the training fee, it depends on whether the unit is in breach of the contract to terminate the contract, if the unit violates the contract to terminate the contract, then the training fee does not need you to pay.

  3. Anonymous users2024-02-05

    The certificate obtained during the training period belongs to the person.

    The certificate obtained during the training period certifies that a specific person has passed a specific training and is inseparable from the person's identity (known as the right to identity in civil law).

  4. Anonymous users2024-02-04

    The certificate is yours and the cost is not covered.

  5. Anonymous users2024-02-03

    Of course, it belongs to you and is inseparable from who you are.

  6. Anonymous users2024-02-02

    If you fail to pass the job, you will not meet the conditions for employment, and the contract can be terminated at any time during the use period.

  7. Anonymous users2024-02-01

    Get a month's salary and leave, don't say goodbye.

  8. Anonymous users2024-01-31

    There is no compensation during the trial period. If the employer finds a probationer.

    Do not meet the employer's job requirements. You can terminate the employment relationship by unilateral notice. That is, the probationary period is a two-way choice relationship, you think the unit is not good, you can go. If the employer thinks that you are unqualified and unsuitable for work, they can dismiss you.

  9. Anonymous users2024-01-30

    First of all, the wage unit that you provide labor to the employer must pay you.

    If you have signed an employment contract with the employer and agreed on a probationary period, the employer may terminate the employment contract if the employee is proved to be ineligible for employment during the probationary period, in which case the employer does not need to pay the employee severance for terminating the employment contract. If you have not signed a labor contract with the employer, there is no probationary period, so even if you fail the examination, the employer cannot terminate the employee on the grounds that the employee is proved to be ineligible for employment during the probationary period, and the employer can propose to terminate with you through negotiation and pay you half a month's economic compensation. The employer can terminate the labor contract with you, but still have to pay you severance for terminating the labor contract.

  10. Anonymous users2024-01-29

    According to the Regulations for the Implementation of the Labor Contract Law, only the cost of training in the following cases is counted:

    Article 16 The training expenses provided for in Paragraph 2 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 as a result of the training.

    Therefore, if there is no other agreement in your contract, 4S is not entitled to claim compensation from you for the cost of training. If the negotiation cannot be resolved, you can complain to the local 12333 labor ** to protect your legitimate rights and interests.

  11. Anonymous users2024-01-28

    If your contract does not stipulate it, 4S stores are not entitled to claim compensation from you for the cost of training. If the negotiation cannot be resolved, you can apply for labor arbitration to protect your legitimate rights and interests.

  12. Anonymous users2024-01-27

    If you can't accept what is written in the contract or think that the contract is unfair, find a lawyer.

    If the contract is not specified, it is necessary to ask the local labor bureau to coordinate and settle it.

  13. Anonymous users2024-01-26

    Some important training (involving self-payment or service company seniority requirements after training) will be signed an agreement or contract, if there is no relevant documents, you can seek the labor bureau or relevant units to coordinate and solve.

  14. Anonymous users2024-01-25

    Legitimate. 1.The presence or absence of a contract number does not affect the validity of the contract.

    2.If the employment contract is terminated due to the employee's reasons, the employer has the right to require the employee to pay liquidated damages, but shall not exceed all training expenses; In addition, the liquidated damages shall not exceed the apportionment of the training expenses for the unfulfilled part of the service period.

    3.With regard to the question of whether or not to pay for training if you quit during training, it is recommended that you note that the concept of "training period" is different from that of "probationary period". During the probationary period, if the employer fails to pass the training, the employer has the right to terminate the labor contract.

    4.The employment contract should be concluded from the first day the employee enters the employer, so it is legal to enter into an employment contract with you during the training period.

  15. Anonymous users2024-01-24

    The contract is not numbered, which does not affect the validity of the contract.

    Problems with training:

    1. Training is divided into two types: general vocational training (internal training of the company, generally carried out to meet the requirements of the job) and professional technical training (mostly external training, which is training to improve their own business ability).

    2. For general vocational training, Article 68 of the Labor Law of the People's Republic of China stipulates that: "Employers 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 unit." Therefore, it is the obligation of the employer to provide technical and business training to employees.

    Personally, I believe that general vocational training does not involve liquidated damages; Therefore, it is necessary to identify the specific situation of vocational training that you are talking about. But from what you have described, I initially think that it is general vocational training.

    3. Even if it is professional technical training.

    The unit must prove the specific composition of 1000 training expenses (relevant training payment certificates, invoices, etc.; And the cost of training does not include the salary part).

    The liquidated damages shall not exceed the apportionment of the training costs for the unfulfilled part of the service period.

    Therefore, it is estimated that the employer's provision is just to scare people, and the relevant compensation costs are not as much as the employer says.

  16. Anonymous users2024-01-23

    It's not legal, the labor contract has to be signed, but this is an overlord clause, which makes no sense!

  17. Anonymous users2024-01-22

    You signed a probationary contract, which should be legal.

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