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Q:
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Whether the service period can be agreed as long as the company provides training content for employees?
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A:
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There are two prerequisites for an agreed service period:
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1.
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The employer to provide special training costs for workers;
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2.
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The employer provides professional and technical training to the workers.
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Service period cannot be agreed upon, such as induction training or induction training.
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Q:
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Is there a standard for the duration of the service agreement?
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A:
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The period of service is not clearly defined, but it should be agreed according to the amount of training paid, and the employer may not agree arbitrarily.
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Q:
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If the employment contract expires, but the service period agreed by the employer and the worker according to law has not yet expired, can the employment contract be terminated?
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A:
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According to the "Labor Contract Law Try Regulations", if the labor contract expires, but the service period agreed between the employer and the worker according to law has not yet expired, the labor contract shall be extended until the service period expires. If the parties agree otherwise, the agreement shall apply.
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Q:
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Under what circumstances do workers violate their service agreements but are not required to pay liquidated damages?
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A:
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According to the "Labor Contract Law Try Regulations", if the employer and the worker have agreed 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 service period agreement, and the employer shall not require the worker to pay liquidated damages.
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Q:
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Can an employer agree to a service period with an employee on the grounds of providing benefits such as account processing or housing subsidies?
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A:
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Not allowed. According to Article 25 of the Labor Contract Law, except for the cases stipulated in Articles 22 and 23 of the Labor Contract Law, the employer shall not agree with the worker that the worker shall bear the liquidated damages.
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FAQ
