Training company recruitment

The relevant provisions of the training agreement are stipulated in the labor contract signed by the employer and the employee. The employer has provided professional and technical training for the employee, paid the training fee and provided invoices for the training period. If the employee resigns, the employer may require the employee to pay liquidated damages. On the contrary, the employer shall not require the employee to bear the training fee.

If the employee leaves the company normally, the employer has no right to ask the employee to pay the recruitment fee.

People's Republic of China (PRC) (China) Labor Contract Law

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 23 The employer and the employee may agree in the labor contract to keep the employer's business secrets and confidential matters related to intellectual property rights.

For the workers who have the obligation of confidentiality, the employer may stipulate the non-competition clause with the workers in the labor contract or confidentiality agreement, and stipulate that after the labor contract is dissolved or terminated, the economic compensation will be paid to the workers on a monthly basis during the non-competition period. If the laborer violates the non-competition agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

1. If the employer proposes not to renew the contract, it shall pay economic compensation to the employee, and pay 1 year/month's salary; If the employee requests to renew the non-fixed-term labor contract under the conditions stipulated in Article 14 of the Labor Contract Law, and the employer refuses to renew the contract illegally, it shall pay the employee compensation and pay two months' salary for working 1 year;

2. If the employee does not renew the contract, there will be no economic compensation unless the conditions stipulated in the new labor contract provided by the employer are improved.

Labor Contract Law

Article 14 An open-ended labor contract refers to a labor contract in which the employer and the employee agree that there is no fixed termination time.

The employer and the employee may conclude an open-ended labor contract through consultation. Under any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an open-ended labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:

(1) The laborer has worked in the employing unit continuously for ten years;

(2) When the employing unit implements the labor contract system for the first time or the state-owned enterprise is restructured and re-concludes the labor contract, the employee has worked in the employing unit continuously for ten years and is less than ten years away from the statutory retirement age;

(3) Two fixed-term labor contracts have been concluded in succession, and the employee does not have the circumstances stipulated in Items 1 and 2 of Article 39 and Article 40 of this Law, and the labor contract is renewed.

If the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer has concluded an open-ended labor contract with the employee.

Article 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:

(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;

Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.