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Is It Necessary To Compensate The "Fried Boss" During The Probation Period?

2008/12/11 11:53:00 41947

      案情简介:

Wang signed a labor contract with a private enterprise in August 20, 2002.

Contract period

The trial period is limited to 2 years, and the probation period is 6 months.

If Wang proposes to resign during the contract, Wang should pay a penalty fee of 500 yuan at a time.

After signing the contract, the company trained a group of new recruits, including Wang, for a month.

During the training period, Wang found that the actual situation of the company and the introduction of the relevant materials were relatively large, so he was resigned to the company on 21 September 2002.

The Secretary immediately agreed to Wang's resignation, but asked Wang to pay 2000 yuan for training, 200 yuan for recruitment, 600 yuan for recruiting booth and 500 yuan for liquidated damages.

      案例分析:

The thirty-second provision of the labor law stipulates that

Worker

stay

Probation period

The employer can be informed of the termination of the labor contract at any time.

If a worker proposes to resign, he shall not be liable for breach of contract.

Then, is it necessary to undertake the resignation during the probation period?

Liability for compensation

What about it?

No. [1995>264 issued by the Ministry of labour during the probation period

Labor contract

The third paragraph of the reply to the question stipulates that the employer's capital contribution (refers to the situation of paying the currency voucher) carries out various kinds of technical training for the staff and workers, and the workers put forward to dissolve the labor relations with the employers.

stay

Probation period

The employer shall not ask the laborer to pay the training fee.

If it is a worker who is invested by the employing unit and the Employee terminates the labor contract with the employing unit within the term of the contract (including probation period), the employer may claim compensation from the employee in accordance with the provisions of the fourth paragraph (1) of the provisions of the labor contract law (labor department's issue No. [1995>223).

Therefore, Wang in this case only needs to compensate employers for 200 yuan in recruitment fees.

Editor: vivi

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