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Financing adult learning database

Financing adult learning database

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  • Overview
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Training costs refund

PDF Version
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…
On this page:
  • 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
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