An education and training institution uses “guaranteed class”, “agreed class”, “written test or interview but full refund” in recruitment examinations for civil servants, career editors, etc., to attract students to sign contracts and pay huge training fees, less than 20,000 yuan, more than 40,000-50,000 yuan,In the case that the student fails the written exam or interview, an education and training institution does not refund in time in accordance with the contract. In recent years, complaints about similar “routine training courses” have remained high. The author will not analyze the reasons for such disputes here, but Wugen Mediation Studio will give you the following three suggestions on how students can defend their rights when encountering such bad luck.:
First of all, collect and study relevant laws and regulations. This is the starting guarantee for rights protection. As the old saying goes, "If you want to do good, you must first use your tools." Based on classic cases and combined with the actual mediation work, the author's laws and regulations commonly used in “routine” disputes are: 1. Article 119 of the Civil Code of the People's Republic of China: A contract established in accordance with the law shall be legally binding on the parties. Article 509: The parties concerned shall fully perform their obligations in accordance with the agreement. 2. Article 16, paragraph 2, of the "Law of the People's Republic of China on the Protection of Consumer Rights and Interests": If a business operator and a consumer have an agreement, they shall perform their obligations in accordance with the agreement, but the agreement between the two parties shall not violate the provisions of laws and regulations. Paragraph 3: Business operators who provide goods or services to consumers shall abide by social ethics, operate in good faith, and protect the legitimate rights and interests of consumers. 3. Article 24 of the "Advertising Law of the People's Republic of China": Advertisements for education and training shall not contain the following content: (1) express or implied guaranteed commitments to the effectiveness of education or training for further studies, passing examinations, obtaining a degree or certificate of conformity.
Secondly, the students encountered disputes over "routine training courses” and were upset. In particular, the education and training institutions did not refund in accordance with the contract and failed to make appointments many times. The dual mental and economic pressure of the students was huge. I don't know what to do. Good? In fact, the first thing students have to do at this time is to take the agreement signed with the education and training institution and the payment voucher, and directly ask the education and training institution to refund according to the agreement. If the education and training institution prevaricates or retains, such as the next period of free training, students can completely ignore the education and training institution and refund the fee first. If there is any further delay, students should immediately complain to the local market supervisory authority or apply for mediation from the mediation organization.
Finally, the handling by the Market supervisory Authority or the mediation organization is time-effective. If the mediation by the Market supervisory authority or the mediation organization fails, the student shall file a lawsuit in the people's court, and litigation preservation measures may be taken when the lawsuit is filed.
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