How far can a company go if a regisning employee refuses to pay back the study fees already invested in him/her?
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How far can a company go if a regisning employee refuses to pay back the study fees already invested in him/her?
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One Response
Training Fees
Hi
A lot will depend on the stipulations within the training agreement which the employee must have signed, and the individuals employment contract. To withhold any payment from salary the organisation must have the employees express written agreement to deductions, ideally it should also be stated in the employment contract that money form final salaries can be used to offset any outstanding items owed to the company etc…..
Without written agreement to any deductions the main recourse is to pursue the debt through civil action. To this you would need a signed training agreement, with a sliding scale of costs, or you face the agrument that the agreement is a penalty and not a reimbursement of losts costs. This can be costly and often more than the amount owing. The success of this would depend on a number of factors, and the court will not force an individual to pay back more than they can prove they can afford. It is usually in the best interests of both parties to agree a repayment plan to aviod incurring additional costs.
However I am not a solicitor and would recomend you to take legal advice to get an informed opinion based on the specifics of your situation.
Hope this helps