To determine whether the training is valid, carefully read Articles 22 and 25 of the Labor Contract Law and Article 16 of the Implementation Regulations of the Labor Contract Law, and then search for "Interpretation of Article 22 of the Labor Contract Law" ”, you can understand it very clearly.
If the training is established, but the labor contract is terminated during the probation period, there is no need to pay training fees. The "Reply Letter from the General Office of the Ministry of Labor on the Basis for Terminating the Labor Contract During the Probation Period" stipulates as follows:
3. Regarding the training expenses involved in the termination of the labor contract
The employer contributes funds (Referring to the situation where there is a payment certificate) Various technical trainings are provided to employees, and if the employee proposes to terminate the labor relationship with the unit, the employer shall not require the employee to pay the training fees if the employee is within the probation period. If the probation period expires and within the contract period, the employer can require the employee to pay the training fee. The specific payment method is: if the service period is agreed upon, the amount of funds will be divided into equal parts according to the service period, and the payment will be made in descending order based on the service period that the employee has performed. ; If there is no agreed service period, the capital contribution amount shall be divided into equal parts according to the labor contract period, and payment shall be made in descending order according to the contract period that the employee has performed; if there is no agreed upon contract period, the capital contribution shall be divided into equal parts according to the 5-year service period, and shall be paid in descending order according to the service period that the employee has performed Payment; if both parties have agreed on the reduction calculation method, the agreement shall prevail. If the contract expires and the employee requests to terminate the contract, the employer shall not require the employee to pay the training fees. If the employee is recruited at the employer's expense and the employee terminates the labor contract with the employer during the contract period (including the probation period), the employer may follow the "Measures for Compensation for Violations of Relevant Labor Contract Provisions (Labor Law)" ( Item (1) of Article 4 issued by the Ministry of Labor [1995] No. 223) provides for compensation from employees.
Read my answer carefully. This is a complete set of methods for correctly resigning, including what the employer should give you, things that may damage your rights and how to deal with them. After submitting your resignation, if the employer notifies you to leave early, the employer must give you a formal written notice (stamped with a seal), otherwise the employer will say that you left early without authorization, and you will not be able to explain clearly.
The termination of the labor contract is the right granted to workers by Articles 37 and 38 of the "Labor Contract Law". If you want to terminate the labor contract, you do not need to apply to the employer, and the employer must Unit approved. It is your decision to terminate the labor contract. You only need to notify the employer in accordance with the law and prove that you have received the written notice. Then the procedure for terminating the labor contract is in compliance with the provisions of the Labor Contract Law, and there will be no "Labor Contract Law" that will be borne by you. Liability for compensation stipulated in Article 90 of the Law. If the employer has one of the situations mentioned in Article 38 of the Labor Contract Law, you not only do not need to advance 30 days in advance, but you can also request financial compensation in accordance with Article 46 of the Labor Contract Law. If the employer has not violated your legitimate rights and interests, there will be no financial compensation if you propose to terminate the labor contract. As long as there is no content in Article 25 of the Labor Contract Law, it is illegal to agree on liquidated damages to be borne by the employee.
After submitting the decision (or notice) to terminate the labor contract, it does not matter whether it is approved or not. The key is that someone must sign for it as proof of the termination of the labor contract in accordance with the law. Otherwise, the bad unit will say that you resigned voluntarily. If you haven't handed in your resignation report, it will be difficult for you to defend yourself. Submit the decision or notice to terminate the labor contract 30 days in advance (3 days in advance of the probation period, the same below). If no one signs for it, go to the post office and send it by express delivery, and fill in the words "Terminate the labor contract" in the "Internal Product Name" column. Decision (or notice)", it is enough to keep the receipt as evidence, plus the labor contract. If the employer does not pay your salary on the last day of work, you can apply for arbitration to the local labor dispute arbitration committee and apply for arbitration in accordance with the Labor Contract Law The provisions of Article 85 require the payment of wages and related economic compensation.
The decision or notice to terminate the labor contract should be made clear as follows:
1. I am due to... (If the employer has violated your legitimate rights and interests, the reason is the most It’s good to write it down so that you can provide evidence later.
If the employer has not violated your rights and interests, you can write personal reasons) and decide to terminate the labor contract with the company and work until a certain day of a certain month and year at the latest;
2. Please notify the company in writing (the notice It must have a company seal, otherwise it will be invalid) I handed over work to someone on a certain day of a certain month of a certain year. If I do not receive a valid written notice, I will be deemed that the company does not need me to hand over the job. The inconvenience or loss caused to the company, I do not bear the responsibility;
3. Please settle the wages and other related expenses stipulated in the "Labor Contract Law" with me on the day of work handover in accordance with the provisions of Article 9 of the "Interim Provisions on Wage Payment", and Issue to me a certificate of termination of the labor contract as stipulated in Article 50 of the Labor Contract Law. The content of the certificate should comply with the provisions of Article 24 of the Implementation Regulations of the Labor Contract Law. Otherwise, I reserve the right to apply for arbitration or litigation. If the company does not need to hand over the work in person, the above matters must be completed before a certain time (off-duty time) on a certain day of a certain month of a certain year (the last working day).
Pay attention to keep the written notice and handover list that the company requires you to hand over to someone. These are important evidence that you have handled the handover in accordance with the law when your rights and interests are infringed. If the employer does not issue a notice of handover to someone, it can be deemed that no handover is required. For details on the time for wage payment when the labor contract (or labor relationship) is terminated, please refer to Article 9 of the "Interim Provisions on Wage Payment", and for details on the time for payment of economic compensation, please refer to Article 50 of the "Labor Contract Law". If payment is not made on time, Articles 3 and 10 of the "Measures for Economic Compensation for Violation and Termination of Labor Contracts" or Article 85 of the "Labor Contract Law" may be followed. The difference is that the former can be claimed directly, while the latter can only be claimed after failure to pay after being ordered by the labor department.
If you carefully read the content involved in the book title "" in my answer above, you can fully understand the meaning of my answer.
My Baidu space has the legal provisions mentioned above, you can check them.