Payback clause
- Name of the instrument - Local language
- Scholingsbeding (NL) / Clause de dédit-formation (FR)
- Name of the instrument - English translation
- Payback clause
- Scheme ID
- 236
- Country
- Belgium
- Reporting year
- 2015
- Type of instrument
- Payback clause
- Type of entry
- Single instrument
- Short description
Employers and employees can agree on a payback clause. In compensation for employer-provided/financed training, employees commit themselves to stay in the company for an agreed period or (partially) pay back the costs of training. The payback clause must be agreed on in an individual agreement and must not be part of the general working contract or the collective agreement. The duration of the payback clause must not exceed 3 years (from the moment of completion of training).
- Short description of the related instruments
nap
- Level of operation
- National
- Name of a part of the country
- nap
- Name of the region (for regional instruments)
- nap
- Name of the sector (for sectoral instruments)
- nap
- Relevance
- Key scheme
- Legal basis
Artikel 22bis van de wet van 3 juli 1978 betreffende de arbeidsovereenkomsten
- Year of implementation
- 1978
- Operation/management
The payback clause needs to be concluded in writing, at the latest at the start of the education and training the payback clause refers to. The payback clause must be agreed on in an individual agreement and must not be part of the general working contract or the collective agreement.
The agreement must contain:
- a description of the education and training, its duration and the location where it takes place
- the costs of this education and training or an estimation thereof, excluding travel and accommodation costs.
- the begining and the duration of validity of the payback clause.
- the amount to be paid back
The duration of the payback clause must not exceed 3 years (from completion of the education and training).- Eligible group(s)
Employees with permanent work contract and an annual salary over EUR 33 000 per year(2015). This salary level is proportionately applicable to part time employees.
- Group(s) with preferential treatment
None
- Education and training eligible
The education or training must allow the employee to develop skills which can be used in other companies (non-firm specific skills). The education or training must also not be part of the requirements for exercising the profession for which the employee was recruited.
- Source of financing and collection mechanism
Employer, employee
- Financing formula and allocation mechanisms
Maximum 80% of training costs can be reimbursed by the employee to the employer. The amount to be reimbursed cannot exceed 30% of the employee's annual salary an must decrease progressively over time.
- Volumes of funding
na
- Beneficiaries/take up
nap
- Organisation responsible for monitoring/evaluation
SPF Emploi (FOD WASO).
- Monitoring/evaluation reports available
na
- Most relevant webpage - in English
na
- Most relevant webpage - local language
na
- Sources
Artikel 22bis van de wet van 3 juli 1978 betreffende de arbeidsovereenkomsten
- Short description
- Short description of the related instruments
- 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
- 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
- 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
- Sources