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在现代社会企业竞争愈加激烈的形势下,用人单位需要不断开发和利用高新技术,以适应其行业的快速发展;劳动者需要不断提高自身职业技能,学习新的科学技术知识,以适应工作岗位。为了提高自身人力资源的质量,增强企业竞争力,用人单位常常出资安排劳动者参加各种培训;同时,为了保护自身利益,防止参加培训的劳动者随意流动造成培训成本付之东流,很多用人单位与劳动者签订了相应的培训协议,并约定相对高数额的违约金和服务期。然而,《劳动合同法》却对培训违约金的约定情况、最高金额等方面做出了很多明确的限制,使得用人单位在某些情况下继续延用《劳动法》时,会违反《劳动合同法》的有关规定。本期我们邀请到著名的劳动法专家、长期致力于劳动法律实务与研究的张驰先生就此问题通过列举典型案例,对用人单位可能遇到的问题或纠纷做出分析、提供建议。
In the increasingly fierce competition in modern social enterprises, employers need to constantly develop and use high technology to adapt to the rapid development of their industries; workers need to continuously improve their vocational skills, learn new scientific and technological knowledge to adapt to the job. In order to improve the quality of their own human resources and enhance the competitiveness of enterprises, employers often arrange laborers to participate in various trainings. At the same time, in order to protect their own interests and prevent the casual attendance of trainees from training, the training costs are lost. Many employers Units and workers signed a corresponding training agreement, and agreed a relatively high amount of liquidated damages and service period. However, the “Labor Contract Law” has made a number of definite restrictions on the conditions and the maximum amount for the breach of contract, so that the employer may violate the Labor Contract when it continues to extend the Labor Law under certain circumstances. Act "of the relevant provisions. In this issue, we invited famous labor law experts. Mr. Zhang Chi, who has long been devoted to the labor law practice and research, made a typical case on this issue and provided suggestions on possible problems or disputes the employer may encounter.