Is it legal for an employer to claim reimbursement for training costs? The short answer is “yes,” provided there is a properly developed agreement. Employers can recoup the money they invested in training an employee (for example. B send the employee to training sessions or workshops) if the worker decides to leave immediately after receiving training. In the event of a loss that could result from workers terminating their contracts after training, employers often require workers to keep the companies in their service for a period of time after the acquisition of new skills or certificates. This ensures, from the employer`s point of view, that the employer will recover the investments made in these workers. The answer is complex and the case law is different. In USS POSCO Industries v. Floyd Case, an employer received a portion of the training fee – US$28,000 – and $80,000 in legal fees. The case involved a beginner who initiated voluntary training to advance his career. He enrolled in paid business training that included 135 weeks of courses, 90 weeks of on-the-job training and 45 weeks of courses. It rejected Raymond`s assertion that Overland`s training obligations were contrary to the practice of the aviation industry in Nigeria, where pilots would only be bound for the duration of their licences, as Raymond had not provided evidence to support this claim.
In particular, it found that, although training obligations are not applicable on the face of it, since they constitute trade restrictions, they are applied where it is possible to prove that they have been freely registered, provided that adequacy and adequacy are imperative with regard to the duration and amount of the worker in the event of an infringement. Preliminary agreement. Whether it is a current staff member or a potential recruitment contract, an agreement on the reimbursement of training should be reached prior to the launch of the employee`s program. You can inform the employee that the agreement establishes a contract and encourage them to have the document checked by their own advisor before signing.