Two months of training abroad, five years can not go: female teachers repent, Anhui universities claim to stay
Surging reporter Yu Yan Zhao intern Zhao Yumeng
Two months of training abroad, you cannot leave your job within five years.
Female teacher Bai Hua (pseudonym) signed the above agreement with the school before going abroad. After returning to work for two years, she regretted it.
A year ago, Shirakaba applied to resign. According to the agreement, the school demanded 72,000 yuan in damages.
After consultation, the amount was reduced to 49,000 yuan. Among them, her salary and benefits during the training period were 15,000 yuan.
Shirakaba does not feel completely reasonable. The two sides are deadlocked.
A lawyer analyzed that learning during training is equivalent to labor, so the salary should not be recovered. The relevant requirements of the school do not comply with the provisions of the Labor Contract Law.
On April 8, the director of the surname Kong from the Personnel Office of Chuzhou University told Peng Mei News (www.thepaper.cn) that it is not a matter of compensation, but that the two parties have signed an agreement and should implement it in accordance with the agreement. The school was reluctant to apply for the resignation of Bai Hua. The two parties have communicated many times, and now Shirakaba has applied for labor arbitration and entered the arbitration process, and the school will act in accordance with the law.
On the afternoon of the 7th, the staff of Chuzhou Labor and Personnel Dispute Arbitration Institute of Anhui Province told Pengpai News that the arbitration institute has issued a mediation proposal to Anhui Chuzhou Institute, "try to allow both parties to resolve the issue by themselves."
School: Will continue to negotiate
Bai Hua from Nanjing, Jiangsu Province joined Chuzhou University in July 2014 as a teaching assistant. There is no staffing.
Three years later, under the arrangement of the school, Shirakaba went to the United States for two months to visit, from September to November 2017.
Before going abroad, Bai Hua signed an overseas training agreement with the school: after the training, Party B must serve Party A for five consecutive years. Otherwise, Party B will pay Party A liquidated damages-training project funds, liquidated damages of 50,000 yuan, wages and benefits during the training. The liquidated damages will be reduced year by year according to the length of service.
The "Training Abroad (Border) Training Agreement for Teachers from Chuzhou College" provided by Bai Hua to Peng Mei News stipulates that the interviewees provide photos
In May 2019, Shirakaba applied to resign. Bai Hua said that because she had multiple breast fibroids in 2016, she needs to be rechecked every month thereafter. In 2019, because she "can't eat enough", she wants to change jobs and go home.
According to the stipulations in the overseas training agreement, Baihua has to compensate the school for 72,000 yuan.
Baihua does not accept the compensation required in the school agreement. After consulting with her lawyer, she learned that two of the three compensations did not comply with the relevant provisions of the Labor Contract Law.
After many communications with the school, the school made concessions, reducing 72,000 yuan to 49,000 yuan.
But Bai Hua said, "Training costs 34,000 yuan, I am willing to pay (repay the money), appropriate additional compensation (school) is also willing, but 15,000 yuan, I think it is unreasonable and illegal."
Bai Hua said that during the negotiation process, the school had also proposed to her to abandon the 2018 annual one-time award, a total of 34,800 yuan, which she could not accept.
Bai Hua said that because the two sides did not reach an agreement, the school has not yet issued a separation certificate, which affected her to join the new unit, and the medical insurance and social security were cut off for 9 months.
On April 7, a staff member of the Office of the Personnel Office of Chuzhou University said that the school had provided a solution, but Baihua did not accept it. "We can handle it at any time, the key is to look at herself." Now Shirakaba has directly filed labor arbitration.
The director of the school's Kong surname said that the consultation will continue to negotiate with Bai Hua, if there is still no agreement, it will act in accordance with the law.
Lawyer: liquidated damages must be legal and reasonable
Wang Hui, an attorney from Beijing Jingshi Law Firm, believes that the employer Anhui Chuzhou College paid the corresponding training fees during the Baihua training period, and can require the former employee to pay a certain amount of compensation, but needs to show relevant evidence. However, the last two requirements of Article 7 of the "Training Agreement" include the payment of 50,000 yuan in damages for breach of contract by the school, and the wages and benefits paid by the school during the training period in the United States are not in compliance with the 22nd of the "Labor Contract Law" Regulations.
The "Training Abroad (Border) Training Agreement for Teachers from Chuzhou College" provided by Bai Hua to Peng Mei News stipulates that the interviewees provide photos
Wang Hui said that in such cases, labor arbitration cannot be conducted through mediation. Under normal circumstances, labor arbitration takes about 45 days, and more complex situations require 60 days.
Ding Jinkun, a lawyer from Shanghai Dabang Law Firm, believes that the service period can be agreed for special training abroad. If the service period is violated, a penalty shall be paid. However, the breach of contract must be legal and reasonable, and should not be harsh. There are three liability for breach of contract in the service period of this case, namely training funds, breach of contract compensation of 50,000, salary during the training period. Generally speaking, the damages for breach of contract include all foreseeable losses, so there is a possibility of double counting. Secondly, learning during training is equivalent to labor, so the salary should not be recovered. As for training funds, it is also a venture investment and should not be fully borne by the trainers. It can be shared according to the specific composition of the project as appropriate.
On the afternoon of the 7th, the staff of Chuzhou Municipal Labor and Personnel Dispute Arbitration Institute of Anhui Province told Pengpai News that if the arbitration institute had not received the negotiation results of the two parties before April 15 or the negotiation results were not agreed, it would be based on the Labor Dispute Mediation and Arbitration Law. 》 Perform legal procedures.