What is a deduct-training clause?

Verified 30 October 2024 - Directorate for Legal and Administrative Information (Prime Minister)

A clause of dedit-formation is a contractual clause in which the employee undertakes to reimburse the training costs if he resigns before a certain period. The clause governs the period after training. What conditions must be met in order for this clause to be valid? Here we present the regulations to be known.

The deduction-training clause is a clause included in the employment contract which provides for:

  • Employer funding of employee training
  • A commitment on the part of the employee to remain in the company for a minimum period.

If this commitment is not respected, the employee reimburses all or part of the training costs based on the actual cost of training to the employer.

The deductions clause therefore governs the period following training.

Deduct from training clause cannot be inserted in a professionalisation contract.

The same applies to the amendment to the contract of employment providing for the conversion or promotion by alternation (Pro-A).

For the clause to be valid, conditions must be met:

  • Funding for training is exclusively at the expense of the employer and in excess of the expenses imposed by law or collective agreement
  • The clause is signed before training
  • Certain information related to the training is provided (date, nature, duration, cost real and not a lump sum for the employer)
  • The amount of the reimbursement shall be proportional to the costs actually incurred by the employer
  • The clause is limited in time (between 2 and 5 years depending on the duration and cost of the training) and in amount so as not to deprive the employee of his right to resign
  • The amount and terms of reimbursement to be paid by the employee are indicated.

Warning  

Of treaty provisions may provide for specific arrangements.

The clause shall be implemented if the contract of employment is terminated:

  • At the initiative of the employee (example: resignation)
  • And is not attributable to the employer.

Thus, the clause is not applicable in the event of a breach at the employer's initiative even in the event of dismissal for gross negligence on the part of the employee.

The clause is also not applicable if the breach of contract is attributable to the employer (e.g. resignation of an employee due to unpaid wages).

FYI  

Broken contract at employee's initiative during the trial period does not deprive the employer of its right to apply this clause.

No. The clause cannot provide for the reimbursement by the employee of wages received during training.

If the clause is implemented, the employee shall reimburse the training costs and no salaries.

Yeah. Yeah. One non-compete clause may be provided for with a deduct-training clause in a contract.

Yeah. Yeah. The employer may waive the application of this clause.

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