[Otaku Finance Lawyer Face-to-face] "Dong Mingzhu once proposed legislation to charge training fees for employees to jump jobs" caused heated discussions. Dong Mingzhu said, "Because you have worked with me for more than ten years, I have cultivated you, I have paid so much financial, manpower, material resources and time, and you have patted your ass and left, then your next unit will at least compensate me for my training fees." What do you think of Dong Mingzhu's related remarks?Is it reasonable?
Yang Baoquan, a senior partner at ZhongYin Law Firm in Beijing, said that the Labor Contract Law encourages the free movement of employees, while retaining two exceptions, one is liquidated damages for non-compete restrictions, and the other is the cost of training, as Dong Mingzhu said. The law stipulates that if an employer provides a worker with special training expenses and professional and technical training, it may enter into an agreement with the worker to stipulate the service period, and if the employee violates the service period agreement, it shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training fees provided by the employer, nor shall it exceed the training expenses that should be apportioned for the unfulfilled part of the service period.
Yang Baoquan pointed out that Dong Mingzhu's suggestion is that no matter what the situation is, the company has training for employees, and they must pay training fees, which actually ignores that after employees join the company, more employees learn Xi while working, and their efforts in time, physical strength, energy, and results also make the unit benefit. At the same time, the law has clearly guaranteed the free flow of employees, and called on companies to retain talents with culture, better salary and development space. Placing more restrictions on the free movement of employees in this context is a legislative step backwards.
Yang Baoquan believes that entrepreneurs are of course reluctant to leave their employees and are not willing to be poached by competitors, but from the perspective of employees, encouraging the free flow of personnel can make the society more vibrant, and make the competition more standardized and orderly.
Reporter Dong Xiangyi Produced by Yu Kunhang Otaku Finance (For more reporting clues, please contact the author of this article: [email protected])
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