Special agreement
June 27, 2010 | 25,00 EUR | answered by Bernhard Müller
Hello,
I have signed an employment contract with a temporary employment agency. There was a special agreement attached to this contract, which states:
"Liability for damages"
For the use of labor, ARWA incurs costs for personnel placement in the amount of 300.00€ for the following positions... Training, etc.
The employee agrees to reimburse ARWA for the costs incurred for him at the end of the employment relationship or in the event of a behavior-related withdrawal from the client's operations.
Likewise, the costs are to be reimbursed if the employee terminates the employment relationship himself within the first 3 months of employment.
Is this in compliance with the law or is it a threat?
Best regards
Dear inquirer,
It is generally permissible to recover the costs of further training from the employee if the employee terminates the employment relationship within a certain period of time.
The requirement is that actual training is carried out, and the agreement on the reimbursement of costs is concluded before the start of the further training.
However, if the "training" consists only of the borrowing business showing you which machine you should work on, this is not sufficient. It must be actual training for which the temporary employment agency has paid participation fees, teaching materials, or a trainer.
Another requirement for the obligation to pay is that the termination is due to the fault of the employee. The phrase "upon termination of the employment relationship" is considered an unfair disadvantage under Section 307 of the German Civil Code, unless it has been individually negotiated. Because this wording is fulfilled even if the termination occurs for reasons beyond your control.
The remaining wording: "The employee undertakes to reimburse ARWA for the costs incurred up to that point in the event of a behavioral deregistration from the customer's operations. Likewise, the costs are to be reimbursed if the employee terminates the employment relationship himself within the first 3 months of employment.", is not objectionable if the aforementioned conditions are met, i.e. if the temporary employment agency does indeed pay participation fees, teaching materials, or a trainer for a further training measure.
Yours sincerely,
Bernhard Müller Attorney
