HR Home Forums Answer for Clause to pay back for Professional Development

Conner Lantz
Keymaster
Post count: 4836

Here’s a short one:

  • In the event employee voluntarily terminates his/her employment contract with Company within [X time] after the completion date of the professional development financed by Company in accordance with the terms of this Agreement, employee must pay back the professional development costs incurred by Company according to the schedule below: [set out repayment schedule]

Here’s a more extensive one based on a UK model:
1. REPAYMENT OF TRAINING COSTS
1.1 From time to time the Company may pay for you to attend training courses. In consideration of this, you agree
that if your employment terminates after the Company has incurred liability for the cost of you doing so you will
be liable to repay some or all of the fees, expenses and other costs (the Costs) associated with such training
courses in accordance with Clause 1.2.
1.2 Except in the circumstances set out in Clause 1.3, you shall repay the Company as follows:
(a) if you cease employment before you attend the training course but the Company has already incurred liability
for the Costs, [100]% of the Costs or such proportion of the Costs that the Company cannot recover from the
course provider shall be repaid;
(b) if you cease employment during the training course or within [xx months] of completing the training course,
[100]% of the Costs shall be repaid;
(c) if you cease employment more than [xx months but no more than xx months] after completion of the training
course, [50]% of the Costs shall be repaid;
(d) if you cease employment more than [xx months but no more than xx months] after completion of the training
course, [25]% of the Costs shall be repaid.
Thereafter, no repayment shall be required.
1.3 You shall not be required to repay any of the costs under this Clause 1. in either of the following circumstances:
(a) the Company terminates your employment, except where:
(i) it was entitled to and did terminate your employment summarily; or
(ii) it terminated your employment pursuant to an application by you for voluntary redundancy;
(b) you terminate your employment in response to a fundamental breach by the Company.
1.4 You agree to the Company deducting the sums under this clause from your final salary or any outstanding
payments due to you.
1.5 You agree that if the Company waives your obligation to repay the Costs under this clause, you will be solely
responsible for any income or other tax payable as a result of the waiver and you shall indemnify the Company on
a continuing basis in relation to any such tax.
****
Hope these help. Glenn