What is a deduct-training clause?

Verified 13 June 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Deducted training is a contractual clause in which the employee undertakes to reimburse the training costs if he resigns before a certain period. It will therefore govern the period following the training. Several conditions must be met for this clause to be valid.

The deduction-training clause is a clause included in the employment contract which provides for:

  • Employer funding of employee training
  • A commitment on the part of the employee to remain in the company for a minimum period.

If this commitment is not respected, the employee reimburses all or part of the training costs.

The deductions clause therefore governs the period following training.

The professionalization contract is not affected by this clause of deduct-training.

Likewise, the amendment to the contract of employment providing for the conversion or promotion by alternation (Pro-A) cannot contain a deduct-from-training clause.

To be valid, conditions must be met:

  • The cost of training shall be borne exclusively by the employer and shall exceed the expenses imposed by law or collective agreement
  • The clause is signed before training
  • Certain information related to the training is provided (date, nature, duration, cost real and not a lump sum for the employer).
  • The amount of the reimbursement shall be proportional to the costs actually incurred by the employer
  • The clause is limited in time (between 2 and 5 years depending on the duration and cost of the training) and in amount so as not to deprive the employee of his right to resign
  • The amount and terms of reimbursement to be paid by the employee are indicated.

Warning  

of treaty provisions may provide for specific arrangements.

It is implemented if the termination of the employment contract is at the initiative of the employee (example: resignation) and is not attributable to the employer (example: resignation).

However, the employee's resignation due to the fact that he is not paid is attributable to the employer. The clause is therefore not implemented.

FYI  

a contract which is terminated at the initiative of the employee during the probationary period shall not deprive the employer of its right to apply this clause.

No, no, no. The clause cannot provide for the reimbursement by the employee of wages received during training. If the clause is implemented, the employee reimburses the training costs and not the salaries.

Yeah. Yeah. One non-compete clause may be provided for with a clause for the deduction of training in a contract.

Yeah. Yeah. The employer may waive the application of this clause.

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