"This is legally contrary to the spirit of the contract and morally worthy of reflection."
Written by | Wan Shunshun
Source | "Medical Community" public account
Doctors are selected for further study abroad because of their excellent performance, and they are not uncommon in medical institutions. During further studies, the hospital and the doctor often sign a "letter of agreement" stipulating the "length of service" and compensation for breach of contract.
In April 2021, the Yuyao Municipal People's Court heard a labor dispute case between hospitals and doctors. The defendant doctor, Lin Mou (pseudonym), was ordered to return the training fees and financial subsidies provided by the hospital, and paid a total of 824,000 yuan in compensation fees and compensation for technology investment funds.
Lin was not satisfied with the judgment and appealed, and the second instance upheld the original judgment.
Origins: Spent a lot of money to go to the United States for further study and doctoral studies
According to the "Yuyao Municipal People's Court", doctor Lin Mou joined a hospital in Yuyao City in September 2008, and the two sides signed an employment contract.
Three years after joining the company, on June 2, 2011, the hospital selected Lin mou to go to the American Research Institute for further study, the study time was two years, and signed a "Letter of Agreement".
Source of the Letter of Agreement / Yuyao Municipal People's Court
The parties agree in the Letter of Agreement:
Lin Mou must return to the hospital on time after the completion of his further studies and work in the hospital for more than ten years;
If the hospital has been working for less than ten years, the subsidy shall be refunded proportionally according to the actual working years, and Lin must pay the compensation fee for the technical investment fund of 10,000 yuan / year.
During the training period in the United States, the hospital paid a total of 329,000 yuan for training fees, travel expenses, salaries, etc.
After returning to China and working in the hospital for more than 2 years, Lin applied to pursue a full-time doctoral degree in emergency medicine, and the hospital cooperated with Lin's decision to handle the termination of the employment relationship. The two sides went on to sign the Two-Way Agreement on Doctoral Studies, which stipulates:
During the study period, although Lin terminated the employment relationship with the hospital, the hospital still gave a certain amount of financial subsidies;
Dr. Lin must fulfill his promise to return to work in the hospital after graduation, and if he violates this commitment, Lin must give the hospital a compensation of 2 times the subsidy standard during his doctoral studies;
Dr. Lin must serve in the hospital for not less than ten years after graduation, and if the service period is insufficient, the compensation shall be paid proportionally according to the actual working years.
In September 2015, Lin went to study at a university, during which the college paid a total of 244,000 yuan in economic subsidies to Lin according to the agreement.
Lin Mou, who returned from school, did not intend to fulfill the agreement and instead joined another hospital. In April 2021, the hospital sued Lin to the Yuyao Court, demanding compensation for losses and liquidated damages totaling RMB870,000.
Is the compensation of 824,000 yuan reasonable?
Article 22 of the Labor Contract Law of the People's Republic of China stipulates that if an employer provides a worker with special training fees and provides him with professional and technical training, he may conclude an agreement with the employee to stipulate the service period.
The "training service period agreement" and the "non-compete agreement" are the only two circumstances in the Labor Law in which the employer can agree with the employee that the employee shall bear the liquidated damages.
The Yuyao Municipal People's Court held that the ten-year service period stipulated in the two agreements did not violate the mandatory provisions of the law, and the defendants should perform according to the contract. Compensation shall be paid in the event of a breach of contract.
The Labor Law has a clear limit on liquidated damages for breach of service period agreement: the amount of liquidated damages shall not exceed the training fees provided by the employer. The liquidated damages paid by the employee shall not exceed the assessed training costs for the unfulfilled portion of the service period.
The training fee includes the training fee paid by the employer, the travel expenses during the training period, and other direct expenses incurred for the employee as a result of the training. Social security, provident fund, salary, etc. are not part of the training fee.
According to the "Letter of Agreement" signed before the first study in the United States, the compensation fee for 10,000 yuan / year of technical investment funds is reasonable and legal. According to the actual service period of 26 months, the defendant shall return 336,000 yuan such as the plaintiff's training fees and compensation fees for technical investment funds.
For the second "Two-way Agreement for Doctoral Students", Lin should refund the economic subsidy provided by the hospital of 244,000 yuan and pay another double penalty.
In summary, the court found that the defendant should return the plaintiff's training fees and economic subsidies, and pay a total of 824,000 yuan in compensation fees and compensation for technology investment funds.
For this case, Dr. Huang of Guangzhou believes that the hospital spent a lot of money to let Dr. Lin go abroad for further study, and then dropped off work to study for a doctorate, indicating that the hospital uses Dr. Lin very much. "Generally speaking, hospitals will let doctors study for Doctorates on an on-the-job basis. Hospitals choose to trust this doctor, leave their jobs and give money, and few hospitals will be so benevolent. It takes a lot of money and time to train talents, and after completing their studies, they go directly to other hospitals, which is really inappropriate and not generous. ”
On the other hand, this also gives the hospital the opportunity to sign a hegemonic clause. "Just go to the provincial hospital for further study, requiring 10 years can not leave, or even permanently can not leave." This practice is not uncommon. Dr. Huang said.
Article 22 of the Labor Contract Law of the People's Republic of China does not clearly stipulate the number of years of the "agreed service period", which is decided by the two parties to the contract through consultation.
Wang Yue, a professor at the Department of Medical Ethics and Law at Peking University's School of Medical Ethics and Humanities, said that if the compensation standard agreed in the agreement is too high or the service period is too long, you can ask the people's court to revoke or change the agreement. Before appealing to the court, an employment contract dispute can be resolved quickly through labor arbitration.
Hospital employment expectations have been disappointed
Similar cases are not uncommon.
"The mentality of people going to high places is very normal, which can be understood." Deng Liqiang, deputy director of Beijing Huawei Law Firm, executive director of the China Health Law Society, encountered many similar cases, "The reason why doctors can go to the place of further study is the opportunity provided by the hospital where they are located, and their expectations for employment are very high." The doctor should wait until the expiration of the service period before leaving: or pay the corresponding compensation as agreed. ”
There was a doctor in Chengde, Hebei Province, who was sued in court and believed that the hospital was bullying people. After Reading the Verdict, Deng Liqiang clearly told him that the hospital was reasonable. The other party asked him angrily, what are you, do you understand the law? How much do we make?
The doctor occupies the quota of the hospital's manpower and the resources of talent training, which requires the doctor to use the labor as a return, and the two sides signed a contract for this purpose. "When the hospital fulfills its obligation to train you, the doctor refuses to export labor to the hospital in violation of the agreement, and the hospital makes a claim that the doctor bears the liability related to the breach of contract." Deng Liqiang said.
Dr. Huang's hospital also has many doctors from local hospitals to study. During a round, the doctor saw a special case, and she was surprised and exclaimed, "It turns out that the doctor can still be like this."
Such a working environment is her ideal job. After ten years of work, she came to our unit for graduate school and successfully stayed in the hospital. Dr. Huang said, "Doctors in small hospitals will change their hearts when they see the diseases, division of labor and environment of large hospitals." When the contract expires, he goes to work in a larger hospital, which is more righteous. ”
For the behavior of people going to a high place, Deng Liqiang believes that this is beyond reproach, but when doing so, it is the proper meaning of the law to pay the corresponding price to compensate the hospital and the compensation given according to the agreement.
At the same time, based on the scarcity of medical talents in local hospitals, hospitals attach great importance to the introduction of talents and invest a lot of energy in training. Doctors occupy the training quota but do not feed the hospital, causing a brain drain to the hospital, which is contrary to the spirit of the contract in law and is also worthy of moral reflection. ”
Source: Medical community
Editor-in-charge: Zheng Huaju
Proofreader: Zang Hengjia
Plate making: Xue Jiao