Payback clause

PDF Version
Name of the instrument - Local language
DDV klavzule
Name of the instrument - English translation
Payback clause
Scheme ID
201
Country
Slovenia
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 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. Direct costs of training (e.g. cost of enrolment and fees) and wages paid during training (borne by employer) can be subject to a payback clause. Specific conditions (i.e. the period of refund, refund rates, restrictions of payback clause depending on the employment type, types of training eligible) depend on the agreement between employer and employee.

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
Art.170 of the Employment Relationship Act states only the general duties and rights of contractual parties. All issues are regulated with individual contracts on education/training/retraining/qualification etc. signed between employer and employee.
Objective(s) and target(s)
Article 1: (2) The aim of this Act is to integrate workers into the working process, to ensure the harmonized flow of the working process and to prevent unemployment, taking into account the right of workers to freedom of work and dignity at work, and to protect the interests of workers in employment relationships.
Year of implementation
2002
Year of latest amendment
2013
Operation/management
Employment Relationship Act defines only general rights and duties of employees and employers as contractual parties. The details are defined in individual contracts signed between employee and employer. The Act provides that employee and employer may agree to a special education contract. The contract may include a payback clause where an employee benefiting from employer-provided/financed training is obliged to stay in the company for an agreed period of time. In case the employee terminates the employment contract before the end of the defined period he/she must reimburse the proportionate part of the training cost to the employer. The body responsible for setting general legislative framework: Ministry of Labour, Family, Social Affairs and Equal Opportunities. Detailed issues: HRM of the company
Eligible group(s)
All employees
Group(s) with preferential treatment
No preferential treatment
Education and training eligible
Training directly related to the sector/activity of the company, including: - Programmes leading to a formal qualification (formal education); - General courses (e.g. language courses); - Occupational courses connected to the present economic activity of the participant; - Occupational courses of all kinds; - Any kind of non-formal education/courses (e.g. for private issues only).
Source of financing and collection mechanism
Employer funds training, employee provides (partial) repayment eligible training costs in case of premature depature from the company
Financing formula and allocation mechanisms
Not available
Eligible costs
Training costs
Volumes of funding
Not available
Beneficiaries/take up
Not available
Organisation responsible for monitoring/evaluation
Not applicable
Monitoring/evaluation reports available
Not available
Most relevant webpage - in English
http://www.pisrs.si/Pis.web/npbDocPdf?idPredpisa=ODLU1762&idPredpisaChn…
Most relevant webpage - local language
Not available
Recent changes

2013: New Employment Relationships Act came into force. More detailed regulation of employment relationships.

Recent changes in response to COVID-19

No changes

Sources
https://www.gov.si/teme/delovna-razmerja/
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