Payback clause
- Name of the instrument - Local language
- възстановяване на разходи за обучение
- Name of the instrument - English translation
- Payback clause
- Scheme ID
- 33
- Country
- Bulgaria
- 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. According to the Labour Code, this period differs according to the type of the contract: contract for acquiring qualification: 6 years, apprenticeship contract: 3 years; contract for higher qualification training and retraining: 5 years.
- 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
Labour Code (Art. 229-234).
Payback clauses may also be regulated by collective agreements in branch/sector organisations and by individual agreements between employer and employee.
- Year of implementation
- 1986
- Year of latest amendment
- 2014
- Operation/management
The General Labour Inspectorate, under the Ministry of Labour and Social Affairs, manages the employee's rights and obligations including the payback clause.
- Eligible group(s)
All employers, employees
- Group(s) with preferential treatment
None
- Source of financing and collection mechanism
Employer, employee
- Financing formula and allocation mechanisms
The Labour code defines a maximum period that an employee may be liable to work in the same company after completion of training financed by employer. This period differs according to the type of the contract: contract for acquiring qualification (Art. 229) = 6 years; apprenticeship contract (Art. 232) = 3 years; contract for higher qualification training and retraining (Art. 234) = 5 years.
Employee is obliger to pay back the costs of training to the employer in case of employee's voluntary resignation within binding period, dismissal due to a serious contract break or non-termination of the training.
In case of apprenticeship contract, the amount to be reimbursed to the employer may not exceed 3 times the minimum monthly salary for the country.The conditions for reimbursement of training costs laid down in the Labour code are general. More detailed conditions may be endorsed in the individual contract between employer and employee.
- Volumes of funding
na
- Beneficiaries/take up
na
- Organisation responsible for monitoring/evaluation
The General Labour Inspectorate.
- Monitoring/evaluation reports available
na
- Most relevant webpage - in English
http://www.cedefop.europa.eu/FinancingAdultLearning/DisplayCountryDetai…
- Most relevant webpage - local language
http://www.mlsp.government.bg/bg/law/law/KODEKS_na_truda.rtf
- Sources
Labour Code
http://www.mlsp.government.bg/bg/law/law/KODEKS_na_truda.rtf
Cedefop Database on Financing Adult Learning
http://www.cedefop.europa.eu/FinancingAdultLearning/DisplayCountryDetai…
- 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
- Year of latest amendment
- Operation/management
- Eligible group(s)
- Group(s) with preferential treatment
- 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