After The Training, Whether The Resignation Staff Should Pay The Penalty For Breach Of Contract.

Xiao Zhang signed a labor contract with a company after graduation. The contract stipulate that Xiao Zhang is a staff member of the company. The contract is valid for three years. The company sends Xiao Zhang to Ireland for professional training, and the training period is three months.

If Xiao Zhang accepts the training provided by the company, he must serve the company for 5 years. If he fails to complete the service period, he must pay the corresponding training fee. If Xiao Zhang fails to fulfill the contract period without any reason, he shall pay liquidated damages to the company, the amount being the 12 months before the termination of the labor contract.

On the second day after the signing of the labor contract, Xiao Zhang was sent to Ireland by the company. The company spent more than 15000 yuan for Xiao Zhang on air tickets, visas, travel insurance and training expenses.

After 3 months of training, Xiao Zhang returned to China and returned to the company three days later to give up the labor relationship with the company. The reason was that the company did not trust and defaulted wages. But Xiao Zhang did not submit evidence to prove that Xiao Zhang was the one who proposed the lifting of the labor department for personal reasons. He should pay the training expenses of the company's expenses in accordance with the contract in the labor contract, and pay a penalty in accordance with the total salary of the 12 months before the termination of the labor contract.

After labor arbitration and court hearing, Xiao Zhang finally paid training fees and liquidated damages to the company for more than 15000 yuan.

"

"The twenty-second article provides that" employers can provide special training fees for workers, and if they engage in professional and technical training, they may conclude an agreement with the worker and stipulate the service period.

If a worker violates the stipulations of the service period, he shall pay liquidated damages to the employer in accordance with the contract.

The amount of penalty shall not exceed the training fee provided by the employer.

The liquidated damages paid by the employer to the laborer shall not exceed the training expenses that should be apportioned in the part of the service period that has not yet been fulfilled. "

According to the above legal provisions, when the company signs labor contracts with Xiao Zhang, he agrees to provide training opportunities for Xiao Zhang and undertake training fees, but after receiving training, Xiao Zhang will serve the company for 5 years or else he will pay for it.

and

。

Xiao Zhang proposed the termination of the labor contract after the end of the training, but he could not produce evidence to prove that there was a valid reason. Then he should be deemed to be in a situation where he did not perform the service period without cause. He should pay liquidated damages to the company, but the total amount should not exceed the training expenses of the company expenses.

Nowadays, many companies provide certain training for new recruits, especially those who have just graduated, so that they can understand the company's work and have certain professional knowledge and skills so as to adapt to the work faster.

Because this kind of targeted training provided by the company will invest a lot of manpower and material resources to raise the ability of labourers to a certain extent, then the law will stipulate the service period in the labor contract in order to protect the company's investment, and pay the company default payment when the worker violates the service period.

The judge here reminds the graduates that when signing a labor contract, it is necessary to see clearly whether the unit provides training and whether the service period has been set up. If there is such an agreement, there is a plan for the future work before signing a labor contract, and after the full consideration of the service period, the labor contract will be concluded, otherwise, the breach of contract must also bear the corresponding responsibility.