However, the agreement on training costs is invalid. The employer funded the professional and technical training of employees, can agree on the service period. If an employee jumps ship early without completing the service period, the employer can recover liquidated damages from the employee for the period of unfulfilled service (the corresponding period of assessable training costs). So how to determine the training costs? The Regulations for the Implementation of the Labor Contract Law set clear limits: the training costs paid by the employer for professional and technical training for workers must be "documented".
According to the Regulations for the Implementation of the Labor Contract Law, the training costs paid by the employer consist of three parts: "documented training costs", "travel costs", "other direct costs incurred for the training of the other direct costs incurred for the worker as a result of the training". The "other direct costs" generally include the cost of passports, signing and handling fees, overseas insurance, training subsidies, and so on. The fact that your contract counts the wages, technical development fees, and travel expenses invested by the employer as special training expenses is obviously the result of misinterpreting the law and deceiving yourself and others. In the event of a dispute, the agreement will not be upheld by the arbitration tribunal or the court.
Attachment: Please focus on Article 16.
Regulations on the Implementation of the Law of the People's Republic of China on Labor Contracts
Chapter I General Provisions
Article 1 In order to implement the Law of the People's Republic of China on Labor Contracts (hereinafter referred to as the Law on Labor Contracts), the present regulations are formulated.
Article 2 The people's governments at all levels and the relevant departments of the people's governments at or above the county level, such as the labor administration, as well as the labor unions and other organizations, shall take measures to promote the implementation of the Law on Labor Contracts and the harmony of labor relations.
Article 3 Partnership organizations such as accounting firms, law firms and foundations established in accordance with the law are employers under the Labor Contract Law.
Chapter II Conclusion of Labor Contracts
Article 4 Branches established by an employer as stipulated in the Law on Labor Contracts, which have obtained business licenses or registration certificates in accordance with the law, may, as employers, enter into labor contracts with laborers; and if they have not obtained business licenses or registration certificates in accordance with the law, they may be entrusted by the employer to enter into labor contracts with laborers.
Article 5 If, within one month from the date of employment, the worker does not enter into a written labor contract with the employer after written notification by the employer, the employer shall notify the worker in writing of the termination of the labor relationship without the need to pay economic compensation to the worker, but shall, in accordance with the law, pay the worker remuneration for the time he or she has actually spent working.
Article 6 If an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, the employer shall, in accordance with the provisions of Article 82 of the Labor Contract Law, pay the worker twice the monthly wages and make up a written labor contract with the worker; if the worker fails to conclude a written labor contract with the employer, the employer shall inform the worker in writing of the termination of the labor relationship and shall, in accordance with Article 47 of the Labor Contract Law, terminate the labor relationship with the worker without having to pay the worker economic compensation. In accordance with the provisions of article 47 of the labor contract law to pay economic compensation.
The starting time for the employer to pay twice the monthly wages to the worker as stipulated in the preceding paragraph shall be the day following the expiration of one month from the date of employment, and the cut-off time shall be the day prior to the date on which the written labor contract is made up.
Article 7 If an employer fails to conclude a written labor contract with a worker for a period of one year from the date of employment, the employer shall pay the worker twice the monthly wages in accordance with the provisions of Article 82 of the Labor Contract Law from the day following the expiration of one month from the date of employment to the day before the expiration of one year, and shall regard the employer as having concluded an open-ended labor contract with the worker for a period of one year from the date of employment, and shall immediately conclude a written labor contract with the worker. The worker shall immediately conclude a supplementary written labor contract.
Article 8 The employee roster provided for in Article 7 of the Labor Contract Law shall include the name, gender, civil status number, household address and current address of the worker, contact information, the form of employment, the starting time of employment, and the duration of the labor contract.
Article 9 The starting time of 10 years of continuous employment as stipulated in Article 14(2) of the Labor Contract Law shall be calculated from the date of employment by the employer, including the years of employment prior to the implementation of the Labor Contract Law.
Article 10 If a worker is assigned to work at a new employer from the original employer for reasons other than his own, the worker's years of service at the original employer shall be combined and calculated as the years of service at the new employer. If the original employer has already paid economic compensation to the worker, the new employer shall no longer count the worker's years of service with the original employer when calculating the years of service for the payment of economic compensation in the event of the termination of the labor contract in accordance with the law.
Article 11 Except in cases where the worker and the employer reach a consensus, if the worker proposes to enter into an open-ended labor contract in accordance with the provisions of Article 14(2) of the Labor Contract Law, the employer shall enter into an open-ended labor contract with him/her. The content of the labor contract shall be determined by both parties in consultation in accordance with the principles of legality, fairness, equality and voluntariness, consensus, and honesty and good faith; the content of any disagreement between the parties shall be implemented in accordance with the provisions of Article 18 of the Labor Contract Law.
Article 12: For public welfare positions provided by local people's governments at all levels and by the relevant departments of local people's governments at or above the county level for the purpose of placing people with employment difficulties and granting them job subsidies and social insurance subsidies, the labor contracts shall not be subject to the provisions of the Law on Labor Contracts relating to the open-ended labor contracts and the payment of economic compensation.
Article 13 An employer and a worker shall not agree on any other conditions for the termination of the labor contract other than those stipulated in Article 44 of the Labor Contract Law.
Article 14 If the place of fulfillment of the labor contract and the place of registration of the employer do not coincide, the minimum wage standard, labor protection, labor conditions, protection against occupational hazards, and the average monthly wage standard of the employees in the previous year in the region shall be implemented in accordance with the relevant provisions of the place of fulfillment of the labor contract; and if the relevant standards in the place of registration of the employer are higher than those in the place of fulfillment of the labor contract and the employer and the workers agree to follow the relevant provisions in the place of registration of the employer. If the employer and the laborer agree to follow the relevant provisions of the place of registration of the employer, the agreement shall be followed.
Article 15 A worker's wage during the probationary period shall not be less than 80% of the lowest grade wage for the same position in the employer's organization or less than 80% of the wage agreed upon in the employment contract, and it shall not be less than the minimum wage standard of the place where the employer is located.
Article 16 The training expenses stipulated in Article 22(2) of the Labor Contract Law include the documented training expenses paid by the employing unit for the purpose of professional and technical training of the worker, the travel expenses during the training period, and other direct expenses incurred as a result of the training and used for the worker.
Article 17 If a labor contract expires, but the service period agreed between the employer and the worker in accordance with Article 22 of the Labor Contract Law has not yet expired, the labor contract shall be renewed until the expiration of the service period; if the two parties agree otherwise, the agreement shall apply.
Chapter III: Termination of Labor Contracts
Article 18 In any of the following cases, a worker may terminate a fixed-term labor contract, an open-term labor contract, or a labor contract that is limited to a certain period of time for the completion of a certain work task, in accordance with the conditions and procedures stipulated in the Law on Labor Contracts:
(1) The worker and the employer agree on the termination of the labor contract;
(ii) if the worker notifies the employer in writing 30 days in advance;
(iii) if the worker notifies the employer 3 days in advance during the probationary period;
(iv) if the employer fails to provide labor protection or labor conditions in accordance with the agreement in the labor contract;
(v) if the employer fails to pay the labor remuneration in full and in a timely fashion;
p>(6) the employer fails to pay social insurance premiums for workers in accordance with the law;
(7) the employer's rules and regulations violate the provisions of laws and regulations, to the detriment of the rights and interests of the workers;
(8) the employer, by means of fraud, coercion, or taking advantage of the danger of others, causes the workers to enter into or change the labor contract in contravention of their true meaning;
(9) (i) Where an employer exempts itself from legal responsibility or excludes the rights of workers in an employment contract;
(j) Where an employer violates mandatory provisions of laws or administrative regulations;
(k) Where an employer forces workers to work by means of violence, threat, or unlawful restriction of personal liberty;
(l) Where an employer directs and orders risky work in contravention of regulations endangering the personal safety of the workers;
(xiii) other circumstances under which the workers may terminate the labor contract as provided for by laws and administrative regulations.
Article 19 In any of the following cases, in accordance with the conditions and procedures stipulated in the Law on Employment Contracts, the employer may terminate the employment contract with the worker for a fixed term, an open-ended employment contract, or an employment contract that is limited to the completion of a certain work task:
(1) if the employer and the worker reach a consensus;
(2) if the worker is proved to be incompatible with the conditions for employment during the probationary period;
(3) if the worker is proved to have failed to meet the conditions for employment; or proved to be incompatible with the conditions of employment;
(iii) the worker seriously violates the rules and regulations of the employing unit;
(iv) the worker seriously fails to perform his duties, engages in self-interested malpractice, and causes significant damage to the employing unit;
(v) the worker establishes a labor relationship with other employing units at the same time, which seriously affects the accomplishment of the tasks of the employing unit or refuses to rectify the situation upon the employing unit's (vi) If the worker concludes or alters the labor contract by fraud, coercion, or by taking advantage of the employer's danger, and the employer concludes or alters the labor contract contrary to the true meaning of the contract;
(vii) If the worker is being investigated for criminal liability in accordance with the law;
(viii) If the worker suffers from an illness or an injury not caused by work, and is not able to engage in the original work after the expiration of the prescribed medical treatment period, or is not able to engage in the work that is to be performed by the employer separately. (ix) If the worker is unable to perform the work, and after training or adjusting the work position, he or she is still unable to perform the work;
(x) If there is a significant change in the objective situation on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the worker fail to reach an agreement to change the content of the labor contract after negotiation;
(x) If there is a significant change in the objective situation on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the worker fail to reach an (k) If the employer is reorganized in accordance with the provisions of the Law on Bankruptcy of Enterprises;
(l) If the employer has serious difficulties in production and operation;
(m) If the employer needs to lay off workers after changing the labor contract due to the change of production, major technological innovations, or adjustment of the mode of business operation;
(n) If the employer is unable to change the content of the labor contract due to the change of objective economic conditions on which the labor contract was concluded; and (xiv) Other cases in which the labor contract cannot be fulfilled due to significant changes in the objective economic conditions on which it was concluded.
Article 20 If an employer chooses to terminate an employment contract by paying the worker one additional month's salary in accordance with the provisions of Article 40 of the Labor Contract Law, the additional salary shall be determined according to the worker's previous month's salary.
Article 21 The labor contract shall be terminated if the worker reaches the legal retirement age.
Article 22 Where an employment contract which is limited to the completion of certain work tasks is terminated due to the completion of the tasks, the employer shall pay economic compensation to the worker in accordance with the provisions of Article 47 of the Labor Contract Law.
Article 23 If an employer terminates the labor contract of an injured worker in accordance with law, in addition to paying economic compensation in accordance with the provisions of Article 47 of the Labor Contract Law, the employer shall also pay a one-time medical subsidy for the injury and an employment subsidy for the disability in accordance with the provisions of the State's regulations on work-related injury insurance.
Article 24 The certificate issued by the employer for the termination of the labor contract shall state the term of the labor contract, the date of termination of the labor contract, the position of the employee, and the number of years of service in the employer.
Article 25 If an employer violates the provisions of the Labor Contract Law in terminating or suspending a labor contract, and pays compensation in accordance with the provisions of Article 87 of the Labor Contract Law, the employer shall not pay any economic compensation. The years of calculation of the compensation shall be calculated from the date of employment.
Article 26 If an employer and a worker agree on a service period and the worker terminates the labor contract in accordance with the provisions of Article 38 of the Labor Contract Law, it is not a violation of the agreement on the service period, and the employer shall not require the worker to pay liquidated damages.
In any of the following cases, if the employer terminates the employment contract with the worker for the agreed period of service, the worker shall pay the employer liquidated damages according to the agreement of the employment contract:
(a) the worker seriously violates the rules and regulations of the employer;
(b) the worker seriously fails to perform his duties, engages in malpractice for personal gain, and causes great damage to the employer;
(3) Where a worker simultaneously establishes labor relations with other employers, which seriously affects the accomplishment of the unit's work tasks, or where the employer refuses to rectify the situation upon the employer's proposal;
(4) Where a worker concludes or alters a labor contract by means of fraud, coercion, or by taking advantage of the danger posed by others, and where the employer concludes or alters the labor contract in contravention of its true meaning;
(5) Where a worker is being investigated for criminal liability in accordance with the law.
Article 27 The monthly wages for the economic compensation stipulated in Article 47 of the Labor Contract Law shall be calculated in accordance with the wages to be earned by the worker, including hourly wages or piece-rate wages and monetary income such as bonuses, allowances and subsidies. If a worker's average wage for the 12 months prior to the termination or suspension of the labor contract is less than the local minimum wage standard, it shall be calculated in accordance with the local minimum wage standard. If the worker has worked for less than 12 months, the average wage shall be calculated according to the number of months actually worked.
Chapter IV Special Provisions on Labor Dispatch
Article 28 A labor dispatch unit funded or established by an employer or a unit to which it belongs in partnership, which dispatches laborers to its own unit or a unit to which it belongs, shall be a labor dispatch unit that may not be established as stipulated in Article 67 of the Labor Contract Law.
Article 29 Employing units shall fulfill the obligations stipulated in Article 62 of the Labor Contract Law and safeguard the lawful rights and interests of dispatched workers.
Article 30 A labor dispatching unit shall not employ dispatched workers on a part-time basis.
Article 31 The economic compensation for the termination or suspension of the labor contract by the labor dispatching unit or the dispatched workers shall be implemented in accordance with the provisions of Articles 46 and 47 of the Labor Contract Law.
Article 32 Where a labor dispatch unit unlawfully cancels or terminates the labor contract of a dispatched worker, it shall be enforced in accordance with the provisions of Article 48 of the Labor Contract Law.
Chapter V Legal Liability
Article 33 Where an employing unit violates the provisions of the Labor Contract Law on the establishment of an employee roster, it shall be ordered by the labor administration department to make corrections within a certain period of time; and if it fails to make corrections after the expiration of this period of time, it shall be subject to a fine of not less than 2,000 Yuan and not more than 20,000 Yuan by the labor administration department.
Article 34 If an employer should pay twice the monthly wages to a worker or should pay compensation to a worker but fails to do so in accordance with the provisions of the Labor Contract Law, the labor administrative department shall order the employer to do so.
Article 35 Where an employing unit violates the provisions of the Labor Contract Law and these Regulations on labor dispatch, the labor administrative department and other competent authorities concerned shall order it to make corrections; if the circumstances are serious, it shall impose a fine of not less than 1,000 yuan and not more than 5,000 yuan on each dispatched laborer; and if damage is caused to a dispatched laborer, the labor dispatching unit and the employing unit shall be jointly and severally liable to pay compensation.
Chapter VI Supplementary Provisions
Article 36 Complaints and reports of violations of the Labor Contract Law and these Regulations shall be handled by the labor administrative departments of the local people's governments at or above the county level in accordance with the provisions of the Regulations on Labor Security Supervision.
Article 37 Disputes between a worker and an employer arising from the conclusion, fulfillment, alteration, dissolution or termination of a labor contract shall be handled in accordance with the provisions of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.
Article 38 These Regulations shall come into force on the date of promulgation.