Hello, Brother Fei, I would like to ask, if you sign a special training fee and service period agreement, but resign during the probation period, will the training fee be compensated?

According to Article 25 of the Labor Contract Law, only when the professional technical training violates the service period and the non-competition agreement, the employer can require the employee to pay the liquidated damages, and only when the professional technical training violates the service period,

According to the provisions of Article 22 of the Labor Contract Law, if the employing unit has provided professional and technical training (non-pre-job vocational training) to the workers and paid the training fee, it may stipulate the service period in the labor contract or training agreement. Workers who violate the service period shall pay liquidated damages to the employer. However, the amount of liquidated damages shall not exceed the training expenses allocated during the non-performance period.

Therefore, there is no need to pay liquidated damages if the employee signs a five-year labor contract with the employer and resigns during the probation period. Those who have received professional and technical training need to pay liquidated damages.

Labor Contract Law

Article 25 Except under the circumstances stipulated in Articles 22 and 23 of this Law, the employing unit shall not agree with the laborer that the laborer shall bear the liquidated damages.

Article 22 Where an employing unit provides special training fees and professional technical training for laborers, it may conclude an agreement with the laborers to stipulate the service period.

If the laborer 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 expenses provided by the employer. The liquidated damages that the employer requires the laborer to pay shall not exceed the training expenses that should be shared for the unfinished part of the service period.

If the employer and the employee agree on the service period, it will not affect the employee's improvement of labor remuneration in accordance with the normal wage adjustment mechanism during the service period.

Article 90 If a laborer terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligations or non-competition restrictions stipulated in the labor contract, thus causing losses to the employing unit, he shall be liable for compensation.