[FREE LEGAL ADVICE]
QUESTION:
Hello, lawyer, let me ask you about the case where the hospital employee is sent to specialize in 1 (doesn't receive any support other than the basic salary), but during the time the student resigns, the hospital has the right to request the school Can I withdraw from school and is this issue regulated in any law? Thank you.

ANSWER:
Hello, thank you for sending a question to MEDLAW, based on the information you provided, MEDLAW advises as follows:
Currently, the law does not have specific regulations on forcing an employee to withdraw from a training institution if he/she stops working at a hospital. Accordingly, the hospital has the right to send a request to the training institution requesting the dismissal of a student, but the consideration for expulsion depends on the training institution's own rules and regulations.

Besides, you need to be aware of the reimbursement of training costs when leaving the hospital. Pursuant to Article 7 of Decree 101/2017/ND-CP, there will be two cases as follows:
– Case 1: The hospital pays the training costs, if you unilaterally terminate the working contract or voluntarily quit your job at the hospital, you must refund the costs that the hospital has paid.
– Scenario 2: If the training cost during the study is paid for by you, you will not have to reimburse the training costs.
Compensation costs and calculation of compensation costs shall comply with Point a, Clause 2, Article 8 of Decree 101/2017/ND-CP

Specifically, the legal basis for your case is as follows:

Pursuant to Clause 1, Article 7 of Decree 101/2017/ND-CP on Training and fostering cadres, civil servants and public employees, providing for compensation for training expenses:

Pursuant to Clause 1, Article 7 of Decree 101/2017/ND-CP on Training and fostering cadres, civil servants and public employees, providing for compensation for training expenses:

1. Voluntarily dropping out of school, quitting work or unilaterally terminating the working contract during the training period.

Pursuant to Article 36 of Decree 101/2017/ND-CP amending and supplementing by Clause 12, Article 1 of Decree 89/2021/ND-CP on training and retraining of cadres, civil servants and public employees, the Fund stipulates the budget. training and retraining:

1. Funding for training and retraining of cadres and civil servants shall be provided by the state budget, funds of agencies managing and employing cadres and civil servants, of cadres and civil servants, and sponsorships of organizations and individuals. at home and abroad in accordance with the law.
2. Funding for public employee training and retraining shall be provided by public employees, financial sources of public non-business units, funding sources for training and retraining according to programs and schemes approved by competent authorities and other sources. guaranteed by law.
3. Funding for public employee training and retraining shall be provided by public employees, financial sources of public non-business units, funding sources for training and retraining according to programs and schemes approved by competent authorities and other sources. guaranteed by law.
4. Funding for training and retraining for other subjects to which this Decree applies shall be covered by individuals, operational funding sources of agencies, units and other sources as prescribed by law.
5. Funding for training and retraining for other subjects to which this Decree applies shall be covered by individuals, operational funding sources of agencies, units and other sources as prescribed by law.

Pursuant to Article 8 of Decree 101/2017/ND-CP on training and retraining of cadres, civil servants and public employees, stipulating compensation costs and how to calculate compensation costs:

1. Pursuant to Article 8 of Decree 101/2017/ND-CP on training and retraining of cadres, civil servants and public employees, stipulating compensation costs and how to calculate compensation costs:
2. How to calculate compensation cost:

a) For the cases specified in Clauses 1 and 2, Article 7 of this Decree, cadres, civil servants and public employees must pay 100% of compensation costs;
b) For the cases specified in Clause 3, Article 7 of this Decree, compensation costs are calculated according to the following formula:
S =
F
x (T1 – T2)
T1
In there:
S is the compensation cost;
F is the total expenses paid by the agency or unit that sent the cadre, civil servant or public employee to attend the course for 01 person to attend the course;
T1 is the required period of service after completion of the course (or courses) in rounded months;
T2 is the time served after training in rounded months.

Example: Mr. A was sent by the agency to train for a master's degree for 2 years (= 24 months), costing 30 million VND. According to the commitment, Mr. A must serve after returning from school for at least 48 months. After graduating, Mr. A has been serving the agency for 24 months. After that, Mr. A voluntarily quit his job. The training cost that Mr. A has to compensate is:
S =
30 million VND
x (48 months – 24 months) = 15 million VND
48 months

The content of our consultation is based on the information provided by the Client, is for reference only and based on the legal provisions in force at the time of consultation. In case you ever need detailed consultation, please contact us directly for specific advice.

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