The "dedit-training" conventions

During the training of an employee, it may happen that the employer signs an endorsement or an agreement of "training-deduction".

But what are the conditions?

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Definition

The forfeit-training clause is a clause by which the employer undertakes to finance training for an employee provided that:

  • that he remains at his service for a given period (typically 1 to 4 years),
  • or that he reimburses, totally or partially, this training if the first condition is not fulfilled.

It allows the employer to promote the qualification of his employees while encouraging them to stay with him as long as possible.

Reimbursement of a training deduction? (Library of Virginia)

Reimbursement of a training deduction? (Library of Virginia)

Validity

To be valid, it is necessary that this clause meets all the following conditions:

  1. it must not aim at training as part of a professionalisation contract (L6325-15 of the Labor Code);
  2. on the amount to be refunded:
  3. it must not deprive the employee of his right to resign;
  4. it must be the subject of a special agreement, separate from the employment contract (Cass. soc n ° 01-43651 of February 4, 2004):
    • concluded before the beginning of the training,
    • specifying the date, nature, duration of the training and its real cost to the employer,
    • specifying the amount and terms of reimbursement to be paid by the employee.
  5. it must not be drafted as part of a professionalisation contract (L6325-15 of the Labor Code);
  6. it must enable employees to know precisely the scope of their commitment (the date of the training, its nature, its duration, its real cost for the company as well as the amount and the terms of the reimbursement made payable by the employee) (C. Cass. Soc. February 9, 2010, No. 08-44477).

Implementation

Resignation

The purpose of the deduction-training clause is to apply:

Dismissal

During a dismissal (without serious or serious fault), there is no need to apply this clause since it is the employer who takes the initiative in the termination (C. Cass. soc. May 10, 2012, No. 11-10571), including in case of taking action by the employee (C. Cass. soc. January 11, 2012, No. 10-15481).

On the other hand, if the dismissal is made for serious misconduct (and a fortiori, for gross negligence), the deduction clause will apply (Cass. soc n ° 04-42660 of December 14, 2005)

Taking notice of the termination of the employment contract

The withdrawal clause does not apply if the employee acknowledges the separation and that this separation is recognized as being attributable to the employer (Cass. soc. No. 87-43787 of July 4, 1990).

Amount to repay

As noted above, the amount to be repaid must:

  1. constitute a real consideration for a financial commitment from the employer more its legal, contractual or contractual obligations (Cass. soc. No. 90-45374 of January 5, 1995): in other words, the employer cannot request reimbursement of compulsory expenses,
  2. be proportionate to the costs actually incurred by the employer (Cass. soc. n ° 00-42909 of May 21st, 2002);

Thus, must especially be excluded from the amount to be refunded:

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