Training contract – basic aspects to consider when preparing it

Training contracts in practice

Training contracts are widely used in practice, but problems may arise in their implementation, especially when it comes to determining whether, on the basis of a training contract, interpreted in accordance with the provisions of the Labor Code, the employer can effectively demand reimbursement of training costs from the employee.

Training costs and employee obligations

Typically, the employer bears the costs of training required from the employee. Training contracts are widely used, but problems may arise with their implementation, especially regarding determining whether the employer can effectively demand reimbursement of training costs from the employee in accordance with the provisions of the training contract, which are interpreted in accordance with the provisions of the Labor Code.

Clear and legal provisions of the training contract

The training contract should be clearly formulated in plain language and taking into account the provisions of the Labor Code that regulate the employee’s situation in the relationship with the employer, especially when it comes to covering the costs of training. It is good practice to apply the provisions of Art. 1035 of the Labor Code in the training contract. Unfortunately, it sometimes happens that due to the employer’s lack of knowledge or on the initiative of the employer taking advantage of the employee’s lack of knowledge, the provisions of the training contract are inconsistent with the Labor Code.

Terms and scope of the training contract

In the contract, the employer specifies what costs will be covered, in what amount, and under what conditions. The training agreement should be in writing, and its conclusion is only necessary if the employer intends to oblige the employee to remain employed after completing the improvement of professional qualifications.

Limitations in shaping the content of the training contract

The employer does not have full freedom in shaping the content of the training contract, because the Labor Code contains provisions specifying how it should be formulated. Pursuant to Art. 1034 § 2 of the Labor Code, the training contract cannot contain provisions that are less favorable to the employee than the provisions of the Labor Code, especially when it comes to the obligation to reimburse costs incurred by the employer.

Reimbursement of training costs – when is it possible?

The training contract clearly specifies a catalog of situations in which the employer may demand reimbursement of training costs from the employee, such as the employee failing to undertake the training or interrupting it without justified reasons. The provision of Art. 1035 of the Labor Code lists situations in which the employer has the right to demand reimbursement of training costs, such as termination of the employment relationship due to the employee’s fault during the training or within three years after its completion.

Termination of employment and reimbursement of training costs

Termination of the employment relationship by the employee without notice due to the employer’s fault, despite the lack of reasons specified in Art. 55 of the Labor Code or Art. 943 of the Labor Code (mobbing) also gives the employer grounds to demand reimbursement of training costs. It is also worth noting that an employee may be obliged to reimburse training costs only in proportion to the period of employment after completing the training or during its duration.

The importance of a training contract

The content of the training contract is crucial both when the employee is considering terminating the employment relationship to avoid the obligation to reimburse the training costs, and when the employment relationship has already been terminated and the employer demands reimbursement of the training costs.