If You Want To Change Jobs, You Should Know The Term Of Service First.

In accordance with the relevant provisions of the labor contract law, the employing units provide special training expenses for workers, and if they engage in professional and technical training, they may conclude an agreement with the worker and stipulate the service period.

There are two conditions: first, employers should provide special training costs.

The cost of special training here generally refers to the training expenses paid by the employer to the laborers for professional and technical training, the travel expenses during the training and other direct expenses incurred by the employee for training.

Second, professional and technical training for workers, including professional knowledge and professional skills.

For example, importing a production line from abroad, sending laborers to abroad for training, and coming back to work in this area, this is a professional technical training.

It should be emphasized that training must be professional and technical training, not general.

For example, convening a meeting or finding a staff member to explain it is not a professional technical training that can stipulate the service period.

In accordance with the provisions of the labor contract law, the amount of penalty shall not exceed the training fee provided by the employer.

The liquidated damages paid to the laborers by the employer shall not exceed the training expenses that should be apportioned among the unfulfilled part of the service period.

If Xiao Zhang is engaged in sales work after he enters the office, the unit sends him off to a business school elite class for further education, and pays 50 thousand yuan for this purpose.

The unit signed a 5 year service contract with Xiao Zhang.

After two years of work, Xiao Zhang thinks that he needs a higher platform to develop himself and proposes to leave. At that time, Xiao Zhang will need to pay liquidated damages to the unit.

Xiao Zhang still has 3 years' service period not fulfilled, so the amount of penalty paid should not be higher than the remaining years should be shared proportion of 30 thousand yuan.

If there is a statutory fault in the employer, the worker can leave without paying the penalty for the service period.

These statutory situations include: failure to follow

Those who agree to provide labor protection or labor conditions, pay labor remuneration in time and in full, do not pay social insurance premiums for workers in accordance with the law; the rules and regulations of the employing units violate the provisions of laws and regulations, and impair the rights and interests of laborers; other circumstances in which labor contracts can be rescind by laws and administrative regulations.

If the employing unit forces laborers to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or coercion the dangerous work to endanger the personal safety of the worker, the employing unit shall "make use of fraud or coercion means or take advantage of danger to make the other party enter into or change the labor contract in violation of the true meaning. If the employer is relieved of its statutory liability and excludes the rights of the laborer, it violates the mandatory provisions of the laws and administrative regulations", resulting in the invalidation of the labor contract.

In such cases, it is not a violation of the terms of the service period, and the employer shall not ask the laborer to pay the penalty.

For example, when Xiao Li entered the unit, the unit gave special training to the unit and paid more than 4000 yuan in training fees, and agreed on a one year service period. The employer also asked him to make a written promise: I promise to serve the company for at least one year from the date of study, and I will pay for this job for any reason in a year.

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After the unit has not paid the social insurance premium to Xiao Li, Xiao Li proposed to resign, and the unit sued Xiao Li's commitment letter, asking him to return all the training costs.

The court investigation found that the employer did not pay social insurance premiums to Xiao Li. He decided that Xiaoli's resignation was in accordance with the law. The terms of the contract agreed by the two parties to pay for learning, regardless of any reason, were invalid and rejected the employer's claim.

The laborer has the following 5 statutory situations, where the employer and the worker terminate the labor contract stipulated in the service period, and the laborer shall pay liquidated damages to the employer in accordance with the labor contract agreement: first, the laborer seriously violates the rules and regulations of the employing unit; two, the laborer is seriously dereliction of duty, causing malpractice to the employing unit, and causing serious damage to the employing unit; three, the laborer establishes labor relations with other employing units at the same time, which seriously affects the completion of the work tasks of the unit, or the employer refuses to correct them; four, the laborers use fraudulent or coercive means or take advantage of danger, and use the units to conclude or change the labor contracts in violation of the true meaning; five, the workers are investigated for criminal responsibility according to law. If

Under these circumstances, the laborer has a major fault in the rescission of the labor contract, which is a realization of a disguised obstruction of the penalty clause in the service period. The law gives the employer the right to cancel the contract in advance and to claim liquidated damages.

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