How Do I Get Arbitration Training?

Training disputes refer to the vocational and technical training of employees during their employment (including transfer), including training in various professional schools (vocational and technical schools, worker schools, technical schools, colleges and universities, etc.) and various vocational and technical training courses and refresher courses And the implementation of training contracts and the commitment of training costs. Because of the above, disputes between labor relations are called training disputes. At present, the common training disputes are mostly disputes arising from training contracts and training costs.

Training disputes

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Training disputes refer to employees

The legal normative documents applicable to training disputes mainly include Chapter 11 of the Labor Law, the Workers' Evaluation Regulations, the Interim Provisions on the Implementation of the Technician Employment System, the Implementation Opinions on the Evaluation and Appointment of Senior Technicians, and Reply on Issues concerning the Basis of Dismissal of Labor Contracts during the Probationary Period (Labour Office [1995] No. 264), etc. In addition, as long as the training contract does not violate legal norms, it can also be used as a basis for processing.

The first is not to train employees during the trial period. Although the probation period also belongs to the term of the labor contract, because the probation period is a special period, coupled with the accidental understanding of the personality and situation of the team members of the employer, if it is rushed to send them out for training, it may cause unnecessary trouble.

Second, the cost of one training session should not be too great. Avoid training employees because they cannot afford to pay huge training costs.

The third is that the employer shall assign employees to go abroad for training, which shall be as easy as possible for management. If the conditions are immature, the entrusted training agreement signed between the employer and the international organization has important provisions to ensure that the trainees will return to the country and will entrust the employer with relevant matters. For example, the training qualification certificate, job certificate, etc. shall be handed over to the employer, and the employer shall issue it to the employees who have been appointed for training. Try to prevent trainees from changing jobs or escaping during training.

Fourth, after the training is over, I should ask the person to sign the training fee confirmation and save the corresponding files for future needs.

Fifth, while the two parties agree on the service period, don't forget to agree on how to shorten the service period. In addition, people in the industry believe that considering the acceleration of talent flow and other factors, the service period agreed between the company and employees should not be too long, and 2-3 years is appropriate.

Case 1: Employees resign during probation period, invalid training agreement

Basic case

Mr. Wang is a recent graduate of 2002. He signed a three-year labor contract with a company. The contract period is three years, from August 1, 2002 to July 31, 2006. The first six months are Probation. Because a company considered that the newly graduated students had no practical experience, in September 2002, they invested in sending Wang to participate in the on-the-job training. Therefore, the two parties signed a five-year service period agreement with the same start time as the labor contract. It is agreed that if Wang retires the contract during the service period, he will be required to pay 10,000 yuan in breach of contract.

On November 6, 2002, when a company discussed the issue of year-end awards, it was considered that the benefits created by the new employees for the unit were not obvious. The year-end awards were not issued in that year, and they were halved in the second year. Wang believes that the bonus should be linked to the personal performance of employees, rather than determined by the number of years of work, the company's regulations are unreasonable. On November 11, Wang wrote to the company to cancel the contract in writing. Since November 12, the company can't go to work.

On November 13, 2002, a company notified him in writing that the company had agreed to his resignation, and the Personnel Department would handle the formalities for him to withdraw from work, etc., but he should pay 10,000 yuan in breach of contract as agreed, and Wang refused. Since November 18, a company has repeatedly called and wrote to Wang, asking him to pay liquidated damages, but all were rejected. On December 3013, a company appealed to the Labor Dispute Arbitration Commission, asking Wang to pay a penalty of 10,000 yuan. Wang believes that he is still in the probationary period and that there is no penalty for termination of contract.

The Labor Dispute Arbitration Commission considers that according to the relevant provisions of the Labor Law, the probation period and service period agreement in the labor contract between the parties to the labor contract are both legal and valid. Wang's right to terminate the contract at any time during the probation period is a legal right of workers and should not be arbitrarily deprived. According to the Reply Letter from the General Office of the Ministry of Labor on the Basis of Dismissal of Labor Contracts during the Probation Period, the employer shall provide employees with various types of technical training at the expense of the employer. The employer shall not require employees to pay the training costs. The legal basis for a company to require Wang to pay liquidated damages is insufficient. The final decision did not support a company's appeal.

Special skills training shall be conducted after the employees have been regularized. If it has to be provided to employees in the probation period, the employee needs to be converted in advance.