Repayment clause

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Repayment clauses are clauses in the employment contract with which employers secure themselves through additional agreements in the event that an employee should leave the company shortly after taking advantage of benefits . In practice, repayment clauses are common in Germany, particularly in the area of training and further education and for special allowances.

If the employer finances the training or further education of an employee , he has the interest that the acquired qualifications also benefit his company. If the job is therefore not started after completion of the training or further training or is given up again before the expiry of a certain period, this clause requires a proportional reimbursement of the costs borne by the company .

The repayment clause for training or further training costs must be agreed before the start of the measure. The measure must bring the employee professional advantages and also give him an advantage outside of the specific activity. The commitment period must be based on the value of the training measure.

Even with gratuities, there is often a repayment reservation in the collective agreement , the works agreement or in the individual contract in the event that the employee terminates the contract .

literature

  • Stefan Kramer, Costs of IT training (discussion of the decision on the judgment of the Lower Saxony State Labor Court of August 6, 2002, 13 Sa 374/02), in: Multimedia und Recht (MMR) 2003, 194 - 195