On the issue of labor technical contracts, urgently

1. Definition: about the service period. The service period usually refers to the agreement agreed in the employment contract or otherwise agreed by both parties that stipulates that the employee must work for the employer for a certain period of time.

According to Article 22 of the Labor Contract Law, if an employer provides special training expenses for an employee and provides him with professional and technical training, it may enter into an agreement with the employee 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.

2. Analysis: First of all, if the service period is agreed, the employer will have to pay a certain price for the training. And this price is generally the payment of training funds, travel expenses during training, etc.

Here, the employer only provides a supporting training for the equipment, and the role of this training is only for the application of the equipment. It can be said that such training has no added value, and the training of workers has no substance other than learning how to operate the equipment. Therefore, the service provided by the employer is not of much value.

Even if it wants to agree on a server, it can't be as long as three years. Therefore, the three-year server clause should be null and void.

Second, the liquidated damages paid by the employee cannot exceed the value of the training. The 7-day short-term training is obviously unlikely to be worth 6,000 yuan, so the agreed liquidated damages clause of 6,000 yuan should also be invalid.

In general, the agreed service period and liquidated damages clauses are obviously too high, and they will be changed if labor arbitration is conducted in the future.

1 This contract is a valid legal contract because the parties entered into it on a voluntary basis.

If your friend wants to terminate the contract now, he will have to pay liquidated damages according to the contract.

2. How to understand "the employer provides special training expenses for employees", it cannot be considered that only the employer pays for the expenses, and there are many forms of capital contribution. In this case, B buys the equipment and pays the price before obtaining the training, which can be considered as a part of the reciprocal payment provided by the equipment manufacturer, that is, the training money has been included in the equipment money, but for the sake of **, the term "gift" is adopted, just imagine, will the equipment manufacturer provide training in vain?

Therefore, the employment contract is valid, and your friend should pay liquidated damages if he leaves the company, and there is no great chance of winning if the arbitration or litigation is filed. Suggestion: Negotiate further with the employer to see if you can reduce it.