劳动人事合同中服务期的法律定性及违约金责任

Legal Qualification of the Period of Service and Liability for Breach of Contract in Labour and Personnel Contracts

摘要: 随着经济社会的不断发展和劳动力市场的日益规范，“服务期”制度成为劳动者成长为人才、用人单位留住人才的重要手段。根据法律规定，用人单位可以在对劳动者进行专项培训的同时与劳动者约定一定期限的服务期。劳动者接受用人单位的专项培训，自身的能力和水平得到了提高，同时受到服务期的约束，用人单位在服务期内可以稳定接受劳动者提供的劳动，这样就构成劳动者、用人单位的双赢局面。如果劳动者在接受了用人单位的专项培训后，违反了双方关于服务期的约定，应当按照约定向用人单位支付违约金。

Abstract: With the continuous development of economy and society and the increasingly standardized labor market, the “service period” system has become an important means for workers to grow into talents and employers to retain talents. According to the law, the employer may agree with the worker to a certain period of service while conducting special training for the worker. Workers accept the special training of the employer, and their own ability and level have been improved, while subject to the constraints of the service period, the employer can accept the labor provided by the worker stably during the service period, so as to constitute a win-win situation for workers and employers. If after receiving the special training of the employer, the worker violates the agreement between the two parties on the service period, he shall pay the employer liquidated damages in accordance with the agreement.