Payback commitment
- Name of the instrument - Local language
- Rückzahlungsverpflichtung
- Name of the instrument - English translation
- Payback commitment
- Scheme ID
- 57
- Country
- Germany
- Reporting year
- 2015
- Type of instrument
- Payback clause
- Type of entry
- Single instrument
- Short description
Employers and employees can agree on a payback clause for training related costs. Thereby, the employee will work for the employer during an agreed period so that the employer can benefit from the training investment. This period is defined in relation to the duration of the training (e.g. 1 month of training results in a retention period of up to 6 months, over 2-year training results in a retention period of up to 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
Bürgerliches Gesetzbuch (BGB) (Civil law) + jurisdication by Federal Labour Court
- Year of latest amendment
- 2013
- Operation/management
Federal Labour Court
- Eligible group(s)
All German employers, employees
- Group(s) with preferential treatment
None
- Education and training eligible
Professionally relevant training.
It is not possible to agree on a payback clause for firm specific training.
- Source of financing and collection mechanism
Employer, employee
- Financing formula and allocation mechanisms
It is a prerequisite for the effectiveness of a payback clause that the employee has earned a "cash benefit" by the training measure. The retention period has to be in proportion to the benefits of training (duration and the level of qualification)
Training duration up to 1 month: Binding up to 6 months;
Training duration up to 2 months: binding up to 1 year;
Training duration 3 to 4 months: Binding up to 2 years;
Training period of 6 to 12 months: Binding up to 3 years;
Training duration of over 2 years: Binding up to 5 years.- Volumes of funding
na
- Beneficiaries/take up
na
- Monitoring/evaluation reports available
na
- Most relevant webpage - in English
na
- Most relevant webpage - local language
- Sources
Bundesrepublik Deutschland (2002) Bürgerliches Gesetzbuch , Buch 2 - Recht der Schuldverhältnisse (§§ 241 - 853), Abschnitt 2 - Gestaltung rechtsgeschäftlicher Schuldverhältnisse durch Allgemeine Geschäftsbedingungen (§§ 305 - 310). Berlin. Online: http://dejure.org/gesetze/BGB
- 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 latest amendment
- 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
- Monitoring/evaluation reports available
- Most relevant webpage - in English
- Most relevant webpage - local language
- Sources