Research On Professional Technical Training In Labor Contract Law

Since the Labor Contract Law of the People's Republic of China promulgated,there are always disputes about application and adjudication over ‘the professional technical training' of Article 22 of the Labor Contract Law.Employers provide professional technical training for employees,and both parties have agreed on the terms of service period.However,a big number of employees took the initiative to terminate the labor contract before the expiration of the service period.Some employees hold the view that the training provided by the employers is not professional technical training,while some employers argue that employees should pay more liquidated damages to make up for their expected interests.In the end,the results of judicial judgment can not balance the interests of both employees and employers.Therefore,the key of this paper is to explore the connotation of professional technical training,the reasons for the poor effect of liquidated damages during the service period,and how to balance the professional training of workers and the income paid by the employers.The first part finds out the problems in the application of Article 22 of the Labor Contract Law through case analysis,and raises questions.Then to explore the application status of Article 22 by analyzing 103 cases: it is difficult to solve the professional and technical training disputes,there is confusion in application of terms of service,and professional and technical training leads to brain drain.The second part further analyzes the reasons for the above problems.The third part is to consult and compare the similar legal practice experience in foreign countries and summarize the advantages and characteristics.The fourth part puts forward corresponding solutions from three angles.