The Federal Labor Court (9 AZR 187/22 and 9 AZR 260/21) once again dealt with an agreement between employee and employer on training costs. The problem regularly lies in the fact that an employer finances further training for an employee, but the employee then quits and uses the qualification acquired at the employer’s expense for another job.
Against this background, repayment clauses have developed in the event of termination, but these are regularly subject to legal review. And here, too, it is possible for courts to review the content – so that the written word alone is not decisive. In the present case, the employer had no claim against the employee for repayment of the training costs under the relevant clause of the training contract. This was because the provision did not stand up to a review of its content and was therefore invalid.