Youth resigned by the original unit and demanded 100,000 yuan compensation fee

Wu Tao could not keep up

This dispute over compensation for the sky-high price caused by his resignation has continued for more than a year. After labor arbitration and court prosecution, the 2008 master's degree candidate chose to compromise. He paid a training fee of 10,000 yuan to the original unit, in exchange for the original unit to him for the file, account and other transfer procedures.

Resigned to pay 100,000 yuan in training fees

In September 2008, after graduating from master's degree, Wu Tao entered the work of Hebei Zhonglian Energy Environmental Protection Technology Co., Ltd. (hereinafter referred to as Zhonglian). In early 2009, Wu Tao decided to marry his girlfriend who had been in love for five years and returned to live in his hometown of Hefei, Anhui Province. In March 2009, Wu Tao formally submitted a resignation report to Zhonglian, but his resignation procedures did not go smoothly.

"When the company is handling the separation procedure for me, I must pay 100,000 yuan for the 'technical training fee'." Wu Tao told the China Youth Daily reporter, otherwise the company refused to provide him with a certificate of termination of the labor contract and apply for registration of accounts and files.

However, as of March 2009, when he resigned, Wu Tao spent a total of 35,000 yuan on his expenses, including salaries, bonuses, insurance premiums, training fees, etc., during the six-month period of working for Zhonglian.

Wu Tao said that he has communicated with the public company many times, whether or not he has to pay the $100,000 technical training fee. He provided reporters with recordings of relevant conversations.

Wu Tao told reporters that when he entered the company with his colleagues who had joined the company, he signed a "protocol" with the company while signing the "Labor Contract."

The reporter saw that the "Agreement" of the colleague stated: "This agreement is a supplementary agreement to the labor contract and has the same legal effect." Article 5 of the "Agreement" stipulates: Party B shall not leave the post without reason, without Party A agrees to quit the job without authorization. Party A should be given RMB 10,000 to collect more than 10,000 yuan for technical training.

Wu Tao said that because of various reasons, he did not sign this Agreement with the company.

On March 10, 2009, when Wu Tao was communicating with Zhang Guoning, deputy general manager of the company, Zhang Guoning stated that "it was my negligence that this agreement was not signed," but he also stressed to Wu Tao that he would not be unable to sign this agreement because he did not sign the agreement. There will be "special care" for Wu Tao.

The compensation fee is more than the "money taken from the unit"

Li Jie, general manager of Zhong Lian Company, told Wu Tao in the recording that collecting “technical training fees” was not just for Wu Tao. Both of his colleagues who had left before him had paid, but the amounts were not equal.

Li Jie also said that an employee who left in 2008, “At that time his father was already in advanced cancer, his girlfriend stayed at Zhejiang University,” and “the money at the time was not enough,” and after resigning, “I’m going to forget about it. Account, took a total of thirty-five thousand." This employee, like Wu Tao, did not sign the "Agreement Agreement" when he took up the job. Wu Tao’s other colleague, even though he had only worked for two weeks and resigned, “has also spent 8,000 yuan.”

Specific to Wu Tao’s “technical training fee” that should be paid, Li Jie specifically called the accounting company Feng Xiaohua to account for Wu Tao.

According to Feng Xiaohua’s calculations, Wu Tao received a total of approximately 22,000 yuan in wages and bonuses since the company began its work, plus a total of 35,000 yuan in insurance premiums and training fees paid by the company. Wu Tao pointed out that it would be unreasonable to return all 35,000 yuan when leaving the company. Li Jie said that Wu Tao paid more money when he left the company. "We must increase money from the money taken from the unit."

"I think this matter, I must give you a sting, to make you feel a kind of pain. This kind of pain will make you develop in a good direction or develop in a bad direction. That is your own thing, but I'm going to sting you." During the recording, the general manager was blunt about the purpose of collecting "technical training fees."

For this reason, the parties broke up.

Due to the fact that it did not pay a technical training fee of 100,000 yuan, Zhonglian Company did not provide Wu Tao with a certificate for canceling the labor contract and did not file for him to transfer files and accounts. At the same time, Wu Tao’s salary of 2,500 yuan in February 2009 was rejected by the company. Issued.

Labor Arbitration: The company's practices are illegal

On April 15, 2009, Wu Tao submitted an application for labor arbitration to the Shijiazhuang Labor Dispute Arbitration Committee, and applied for legal arbitration, requesting the company to release labor for it. The contract proves that the company handles file transfer procedures, pays back wages and economic compensation, and pays various social insurances. The Shijiazhuang Labor Dispute Arbitration Committee accepted Wu Tao’s application according to law.

When accepting the arbitration, Zhonglian Company stated that when recruiting Wu Tao, the company made it clear that if it fails to arrive at the post, it will assume a penalty of RMB 6,000, and the company will be required to bear a training fee of RMB 100,000 to 200,000 for leaving the company within three years of work. During the six-month period of Wu Tao’s work, the unit’s direct costs for its distribution amounted to about 35,000 yuan, so Wu Tao should bear the breach of contract. With regard to Wu Tao’s salary in February 2009, Zhonglian Company has already paid out the expenses, and the applicant promised to deduct the training fee from this salary. Therefore, there is no question of no salary payment.

The Shijiazhuang Labor Dispute Arbitration Committee has determined that the employing unit should issue a certificate of dissolution of the labor contract when the labor contract is lifted or terminated, and handle the transfer of files and social insurance relations for the laborer within 15 days after the termination of the labor contract. Wu Tao proposed to cancel the labor contract with Zhonglian Company and obtain the company's consent. Both parties cancel the labor contract. The two sides did not agree on a training agreement, nor did they agree to a legal breach of contract. The public company refused to apply for cancellation of labor contract procedures based on Wu Tao’s non-payment of breach of contract damages and training fees in violation of relevant laws and regulations and should be corrected. Zhonglian Company did not issue the applicant's wages for February 2009 on the ground that the amount of liquidated damages and training fees was offset. The reason was not established and it constituted unfair deduction of wages. Wu Tao’s request for reissuance of wages and payment of economic compensation was legally established, and the Shijiazhuang Labor Dispute Arbitration Committee gave its support.

On September 12, 2009, after the mediation between the two parties failed to reach an agreement, the Shijiazhuang Labor Dispute President’s Committee issued an arbitral award: Zhonglian Company issued a certificate of dissolution of labor contract for Wu Tao within 15 days after this verdict went into effect. Social insurance relationship transfer procedures; public companies reissued Wu Tao’s salary of 2,500 yuan in February 2009, economic compensation of 625 yuan, a total payment of 3,125 yuan, limited to payment within 10 days after the award takes effect.

Win Labor Arbitration and Lose "Training Fees"

On October 9, 2009, when Wu Tao awaited the execution of the arbitral award, Zhonglian Company sued Wu Tao to the People's Court of Chang’an District of Shijiazhuang City.

The reporter noticed that in addition to requesting Wu Ling to reimburse Wu Tao for reimbursement of the training fee paid by the Zhonglian Company to the defendant of RMB 3,171, paid social insurance fee of RMB 776.72 and medical insurance fee of RMB 3,297.53, it also requested that Wu Tao be ordered to pay for illegal termination of labor. The contract caused a loss of 23,000 yuan to Zhonglian.

Wu Tao believes that he does not have the behavior of the public company saying that he “passes away from his duties, does not do anything for no reason, and he seriously violates the labor contract law and public company’s rules and regulations”. “I submitted my resignation. On March 13, 2009, Zhang Guoning, deputy general manager of the company, said that the unit has accepted my resignation,” Wu Tao told reporters. In addition, on March 15, 2009, when he and Li Jie, general manager of the company communicated, Wu Tao had expressed that he hoped to come back to work and would do his best to work, hoping to make up for the vacancies left by him in a period of time. "Li Jie said that it is impossible to return to work," recalled Wu Tao.

When Zhonglian Company filed a lawsuit with the court, on February 20th, 2010, it submitted an arbitration application to the Shijiazhuang Labor Arbitration Commission. The request was basically the same as the claim filed in the complaint filed with the court.

In February 2010, Shi Zhaozhuang Chang'an District People's Court West Zhaotong Court heard the case. Wu Tao told reporters that he was in Anhui and he had hired a lawyer in Shijiazhuang as his attorney to apply to the court for a "simple procedure."

The reporter learned that according to the provisions of Article 146 of the Civil Procedure Law, civil cases handled by summary procedures should be closed within three months from the date of filing. However, Wu Tao told reporters: “I have been able to call the relevant staff about the progress of the case hearing almost every week in May this year, but I have not been able to respond clearly.”

Wu Tao feels that he can't afford to wait anymore.

"I never realized that the accounts and archives of these pages were so important." Wu Tao told reporters with a wry smile: "From the company's collective account, I can't take my own account. My girlfriend and I have been unable to obtain a marriage certificate; The account does not return to Hefei, mortgage loans will not enjoy the benefits, can only watch the rising prices; and can not get files, the current work unit refused to handle all kinds of insurance for me, I can not participate in various institutions And civil service exams."

As a result, he finally chose to "compromise."

On May 26, 2010, Wu Tao paid 10,000 yuan to Zhonglian, and said that he no longer asked for 2,500 yuan in February 2009. At the same time, he wrote a written statement to the company: "I voluntarily paid training fees. Yuan Zheng, Hebei Province Zhonglian Energy Environmental Protection Technology Co., Ltd. also promised to handle files, account transfer procedures."

Zhonglian Company also withdrew its lawsuit against Wu Tao a few days later.

Experts: It is not allowed to limit the freedom of laborers with “high price of breach of contract”

“After the applicants arrive at the post, they arbitrarily resign from the workers and should be given (companies) to collect more than 10,000 yuan and collect more than 10,000 yuan (renminbi) for training and training fees.” The reporter noticed that the public companies provided by Wu Tao There are such clauses in the Provisions on the Management of Applicants' Damages. This is the basis for the signing of the “Agreement Letter” between the company and the entry employees and the training fees for resigned employees.

On August 4, 2010, the reporter saw Li Jie, general manager of Zhonglian.

Li Jie told the China Youth Daily reporter that in recent years, in order to adapt to the rapid development of the company, Zhonglian has spent a lot of manpower and material resources on recruitment and training every year. The reason why the above regulations are formulated is to prevent employees from leaving the company at will.

Li Jie said that when recruiting, the company once asked Wu Tao about the future of establishing a family. Wu Tao said at the time that his girlfriend would come to work in Shijiazhuang. However, in March 2009, Wu Tao did not want to come to work in Shijiazhuang with her girlfriend. In order to maintain the feelings of the two people, he proposed to leave the company and return to Anhui to reunite with his girlfriend.

Li Jie emphasized that the reason why Wu Tao’s resignation employees are charged “training fees” is not for money, “the company is not bad for this money”, nor is it for the sake of money to sign related agreements with employees, “but for the sake of restraint. effect".

As for the amount of "training fee" of 100,000 yuan, Li Jie explained that the company had been accounted for, and that the company's various training fees and the expenditures on employees themselves exceeded the one-hundred-thousand-million-dollar contract period. He repeatedly stressed that setting a limit of RMB 100,000 is just to restrain employees. "It's not that we must take 100,000 yuan from him."

In this regard, Zhao Deyong, an associate professor at Hebei Normal University, told the China Youth Daily reporter that the employer can require workers to pay breach of contract damages. The Labor Contract Law altogether provides two conditions: First, the employer provides special training fees for workers. Employees were trained professionally and the parties agreed on a service period. The laborers violated the service agreement and agreed to leave early. Second, the laborer violated the obligations of business competition. The "Labor Contract Law" does not allow any kind of liquidated damages in addition to these two conditions.

In Zhao Deyong's opinion, if Wu Tao and the public company signed a labor contract, there is no agreement about the early payment of liquidated damages during the service period, the company can not ask for training fees in the form of liquidated damages. If Wu Tao leaves early, he or she will be able to perform procedures in accordance with relevant laws and regulations.

"Even if there is an agreement on the payment of breach of contract in the contract, the "Labor Contract Law" stipulates that the amount of liquidated damages may not exceed the amount of training provided by the employing unit for the laborers. The employer cannot use this to make profits." Zhao Deyong told reporters that the "Labor Contract Law" The reason for clarifying this point is precisely to avoid the appearance of “astronomical breach of contract payments” and to avoid employing employers to economically restrict the personal freedom of workers.

"The "Labor Contract Law" places the protection of workers' personal freedom on a very high position." Zhao Deyong said: "The employer's relevant system must be legal."

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