Training costs refund
- Name of the instrument - Local language
- Ausbildungskostenrückersatz
- Name of the instrument - English translation
- Training costs refund
- Scheme ID
- 12
- Country
- Austria
- Reporting year
- 2020
- Type of instrument
- Payback clause
- Sub-type of instrument
- Payback clauses are possible within set limits
- Type of entry
- Single instrument
- Short description
Employers and employees have the possibility of establishing a payback clause within limits set by law. The employer and the employee need to agree and sign a written agreement on the payback clause prior to the training. According to the legal framework, training costs are only eligible for reimbursement by the employee if the training increases the earning power of an employee in the labour market. Firm-specific training is therefore excluded. As compensation for employer-provided/financed training, employees can commit themselves to stay in the company for an agreed period or provide compensation for the incurred training costs. According to the Labour Code, the retention period must not exceed 4 years (8 years in specific cases, e.g. very costly training, such as pilot training). Upon an employee's voluntary termination of the employment contract before the agreed period, the employer may recover (part of) the training costs from the employee. The amount to be repaid decreases over time.
- Level of operation
- National
- Name of a part of the country
- Not applicable
- Name of the region (for regional instruments)
- Not applicable
- Name of the sector (for sectoral instruments)
- Not applicable
- Relevance
- Further instrument
- Legal basis
- § 2d AVRAG (Arbeitsvertragsrechts-Anpassungsgesetz) (act on the adaptation of the law of labour contracts)
- Objective(s) and target(s)
- Not available
- Year of implementation
- 2006
- Operation/management
- The employer and the employee need to agree and sign a written agreement on the payback clause prior to the training. The costs and duration of the training as well as the repayment obligation of the employee need to be agreed upon (in written form) before training takes place. The amount to be repayed decreases over time in increments. The repayment obligation comes into effect if the employee voluntarily terminates the working contract before the agreed binding period. The repayment is due also when the worker is dismissed for misbehavior. In case of consensual termination, the repayment aslo applies. Any payback obligation is ruled out during the probationary period. The framework for valid agreements between employers and employess is set by labour laws (national legislation) with labour courts overseeing their application. The Chamber of Commerce provides guidance on the use of the payback clause to employers.
- Eligible group(s)
- All employers
- Group(s) with preferential treatment
- No preferential treatment
- Education and training eligible
- According to the legal framework, training costs are only eligible for reimbursement by the employee if the training increases the earning power of an employee on the labour market. Firm-specific training is therefore excluded.
- Source of financing and collection mechanism
- Employer funds training, employee provides (partial) repayment of applicable training costs in case of premature depature from the company
- Financing formula and allocation mechanisms
- The amount to be repayed decreases over time.
- Eligible costs
- All training costs specified in the agreement (including, for example, travel and accomation costs). Training costs for firm-specific training cannot be subject to a payback clause.
- Volumes of funding
- Not applicable
- Beneficiaries/take up
- Not applicable
- Organisation responsible for monitoring/evaluation
- Not applicable
- Monitoring/evaluation reports available
- Not available
- Most relevant webpage - in English
- Not available
- Most relevant webpage - local language
- https://www.jusline.at/gesetz/avrag/paragraf/2d
- Recent changes
No recent amendment
Recent changes in response to COVID-19
No changes
- Sources
- Republik Österreich (2015) § 2d AVRAG (Arbeitsvertragsrechts-Anpassungsgesetz). Wien. Online: http://www.jusline.at/2d_Ausbildungskostenr%C3%BCckersatz_AVRAG.html
- https://www.wko.at/Content.Node/Service/Arbeitsrecht-und-Sozialrecht/Ar…
- https://www.arbeiterkammer.at/beratung/arbeitundrecht/beendigung/Schulu…
- Short description
- Level of operation
- Name of a part of the country
- Name of the region (for regional instruments)
- Name of the sector (for sectoral instruments)
- Relevance
- Legal basis
- Objective(s) and target(s)
- Year of implementation
- Operation/management
- Eligible group(s)
- Group(s) with preferential treatment
- Education and training eligible
- Source of financing and collection mechanism
- Financing formula and allocation mechanisms
- Eligible costs
- Volumes of funding
- Beneficiaries/take up
- Organisation responsible for monitoring/evaluation
- Monitoring/evaluation reports available
- Most relevant webpage - in English
- Most relevant webpage - local language
- Recent changes
- Sources