It is illegal that the penalty on the training agreement exceeds the training fee. According to the relevant provisions of the Labor Contract Law of the People's Republic of China and its implementation regulations, the amount of liquidated damages for training agreements is clearly limited. Legal provisions: Article 22 of the Labor Contract Law: If a worker violates the service period agreement, he shall pay liquidated damages to the employer as agreed. However, the amount of liquidated damages shall not exceed the training costs provided by the employer. Article 16 of the Regulations for the Implementation of the Labor Contract Law: The training expenses specified in the second paragraph of Article 22 of the Labor Contract Law include the training expenses with certificates paid by the employer for professional and technical training of workers, travel expenses during the training period, and other direct expenses for the workers arising from the training. Legal interpretation: The amount of liquidated damages in the training agreement shall be limited to the training expenses actually provided by the employer. This means that if the liquidated damages exceed the actual training costs, the excess amount will not be recognized in law. In addition, if the service period has not been fulfilled, the liquidated damages required to be paid by the employer shall not exceed the training expenses that should be shared for the part of the service period that has not been fulfilled. Conclusion: It is illegal for the penalty on the training agreement to exceed the training fee. When signing the training agreement, workers should carefully read the terms to ensure that the amount of liquidated damages complies with the law. If the employer requires to pay liquidated damages that exceed the statutory limit, the worker has the right to refuse and can seek legal means to safeguard his rights and interests. The above contents are for reference only!
Question: Is it legal that the penalty on the training agreement exceeds the training fee?
