Qualification agreement - payback clause
- Name of the instrument - Local language
- kvalifikačné dohody - úhrada nákladov
- Name of the instrument - English translation
- Qualification agreement - payback clause
- Scheme ID
- 206
- Country
- Slovakia
- 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 a 'Qualification agreement'. Thereby, the employee will work for the employer for an agreed period (no more than 5 years) after completing training to compensate the employer for the training expenses incurred. If an employee decides to terminate the employment before the agreed period, he/she must reimburse the costs of the training (up to 100%). If an employee partly fulfilled his/her commitment to remain in employment for the duration of the agreed period, the amount to be repaid will be reduced proportionately. If the training undertaken by the employee leads to 'deepening' (rather than upgrading) qualification, the agreement may be concluded if the anticipated costs of training amount to at least EUR 1 700. The Labour Code stipulates minimum requirements. Modifications in favour of the employee are subject to negotiations between employee and employer, or to collective agreements.
- 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
- Act 311/2001 Labour Code, Para 155
- Objective(s) and target(s)
- Qualification agreement should provide assurances to the employer as well as an employee about their support to the cause of increasing employee's qualification through the particular training (educational) activity
- Year of implementation
- 2001
- Operation/management
- The agreement on a payback clause needs to be concluded in a 'Qualification agreement'. This document includes the agreed period (no more than 5 years) after completing training to compensate the employer for the training expenses incurred. If an employee decides to terminate the employment before the agreed period, he/she must reimburse the costs of the training (up to 100%). The amount is being reduced over time proportionately. The Labour Code stipulates minimum requirements. Modifications in favour of the employee are subject to negotiations between employee and employer, or to collective agreements.
- Eligible group(s)
- All employers
- Group(s) with preferential treatment
- No preferential treatment
- Education and training eligible
- - Programmes leading to a formal qualification (formal education) of ISCED 0-8 level; - 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, the employee provides (partial) repayment eligible training costs in case of premature departure from the company
- Financing formula and allocation mechanisms
- An employer may organise and fund the training for the employee, in return, the employee commits to staying in the company for the duration of the agreed period (no more than for 5 years) or (up to 100% of) payback of the associated costs. All the conditions are set in a bilateral agreement between employer and employee. The agreement should specify the type of costs and the total amount the employee shall be obliged to repay. If an employee partly fulfilled his/her commitment to remain in employment for the duration of the agreed period, the amount to be repaid will be reduced proportionately. The amount of funding allocated to cover training costs should be higher than EUR 1 700. However, due to the relatively high costs that would have to be reimbursed, the training may not be compulsory for the employee.
- Eligible costs
- - Tuition fees/fees for participation (external providers); - Costs for training materials (e.g. books); - Travel costs; - Accommodation costs; - Opportunity costs (i.e. lost productivity / foregone income/wages).
- 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
- https://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=&p_isn=61871&p_cla…
- Most relevant webpage - local language
- Not available
- Recent changes
No recent amendment
Recent changes in response to COVID-19
No changes
- Sources
- https://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=&p_isn=61871&p_cla…
- http://www.epi.sk/Main/Default.aspx?Template=~/Main/TPrintWithHeader.as…
- http://www.zakonypreludi.sk/zz/2001-311
- 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