07/10/2022 13:01

Compensation for training costs when not working on time as committed in Vietnam

Compensation for training costs when not working on time as committed in Vietnam

State agencies as well as companies and enterprises often have policies to send officials, civil servants and employees of their units to study and train both at home and abroad. Before sending, the employee can sign a request to commit to return to work within a certain time. So in case the employees who have been sent to study for training according to the budget of the unit but do not return to work within the committed time limit, how will they be punished?

In Judgment 88/2018/DS-PT dated June 21, 2018 on the dispute over compensation for training funds, according to which:

Ms. Ho Thi Nhu M was sent by the People's Committee of Da Nang City to attend university at O ​​University, United Kingdom under the project of developing high-quality human resources of the city in a 3-year study period, starting in 2005, with a scholarship of 20,000 USD/year. In August 2008, Ms. M graduated from O University with the total funding Ms. M received from the city budget was VND 958,030,000. After graduating from university, in 2010, Ms. M returned home and worked at the City's Institute of Socio-Economic Research and Development, then she was transferred to Center X. From July 23, 2012, Ms. M took a leave of absence to visit her family in the UK and on August 11, 2012, Ms. M wrote a letter of resignation. The unit that Ms. M works for has asked Ms. M to return to her country to receive a job, but Ms. M has not responded.

Ms. M has only worked for the city for 2 years while the training contract clearly stipulates that the time to work for the city is 7 years. Therefore, the Center for Human Resource Development of Da Nang City filed a lawsuit requesting that Ms. M and Mr. Ho Huu N (Sister M's father) jointly compensate the city's budget of 1,916,060,000 VND (double the training cost, as committed in the Contract).

The trial panel accepted the lawsuit request of Center X against Mr. Ho Huu N and Ms. Ho Thi Nhu M. Compelling Mr. Ho Huu N and Ms. Ho Thi Nhu M to jointly pay compensation to Center X the amount of 1,916,060,000 VND (one billion nine hundred and sixteen million, not one hundred and sixty thousand dong).

In fact, some people still think that they are sent by agencies or businesses to train, so they go to get knowledge and degrees and then go back to work at the old agency for a few years, then change jobs to have a higher income. However, they did not think that in the training contract, people were quite strict in requiring the person who was sent to study to return to work for them for a certain period of time and the compensation level if violated was not the same. small, often double or more the cost of training.

Therefore, before deciding whether to go to training under the sending agency or not, they must study and understand the terms of the training contract so as not to incur unnecessary fines.


Nguyen Sang

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