QUESTION:
My company signed a long-term contract with 10 people, investing money to train them. But after mastering work, all of them voluntarily left. How do I file a lawsuit against them for compensation?
ANSWER:
Pursuant to Article 37 of the Labor Code 2012 on the right to unilaterally terminate labor contracts of employees, the employees of your company have committed violations without good reason and do not comply with the 30 days notice period.
According to Article 43 of this law, the workers who unilaterally terminate labor contracts shall “not receive severance allowance and shall be obliged to compensate the employer for half a month’s wages under the labor contract”. In the event of a breach, the employee must compensate the employer for a sum corresponding to the wages of the employee on unannounced days; To pay training expenses to employers according to the provisions of Article 62 of this Code.”
Since your company also pays training costs to employees, in addition to these two compensations, the employee is also obliged to pay for the training costs.
Paragraph 3 of Article 62 specifies that the cost of training shall cover the expenses of valid documentation of expenses paid to the instructor, studying materials, school, class, machine, equipment, materials and expenses, other costs supporting for students and salary, social insurance, health insurance for students during school. In cases the employees are sent abroad for training, the training expenses shall also cover travel expenses and living expenses during their stay abroad./.