Payback clause
- Name of the instrument - Local language
- Scholingsbeding (NL) / Clause d'écolage (FR)
- Name of the instrument - English translation
- Payback clause
- Scheme ID
- 236
- Country
- Belgium
- Reporting year
- 2020
- Type of instrument
- Payback clause
- Sub-type of instrument
- Payback clauses are possible within set limits
- Type of entry
- Single instrument
- Short description
Employers and employees can agree on a payback clause. In compensation for employer-provided/financed training, employees commit themselves to stay in the company for an agreed period or (partially) pay back the costs of training. The payback clause must be agreed on in an individual agreement and must not be part of the general working contract or the collective agreement. The duration of the payback clause must not exceed 3 years (from the moment of completion of training). Maximum 80% of training costs can be reimbursed by the employee to the employer. The amount to be reimbursed cannot exceed 30% of the employee's annual salary and must decrease progressively over time.
- Level of operation
- National
- Name of a part of the country
- Not applicable
- Name of the region (for regional instruments)
- Not applicable
- Name of the sector (for sectoral instruments)
- Not applicable
- Relevance
- Further instrument
- Legal basis
- Artikel 22bis van de wet van 3 juli 1978 betreffende de arbeidsovereenkomsten
- Objective(s) and target(s)
- Artikel 22bis, the specific regulation regulating this instrument, does not mention any goals, just the procedure and requirements for the agreement to be legal.
- Year of implementation
- 1978
- Year of latest amendment
- 2018
- Operation/management
- The payback clause needs to be concluded in writing, at the latest at the start of the education and training the payback clause refers to. The payback clause must be agreed on in an individual agreement and must not be part of the general working contract or the collective agreement. The agreement must contain: - a description of the education and training, its duration and the location where it takes place - the costs of this education and training or an estimation thereof, excluding travel and accommodation costs. - the beginning and the duration of validity of the payback clause. - the amount to be paid back. The duration of the payback clause must not exceed 3 years (from completion of the education and training). The amount to be reimbursed cannot exceed 30% of the employee's annual salary. FOD WASO / SPF Emploi, the Belgian Federal (i.e. national) Ministry of Employment and Work is not very actively involved with this clause, since it's an (individual) clause/agreement between employer and employee.
- Eligible group(s)
- All employers
- Group(s) with preferential treatment
- No preferential treatment
- Education and training eligible
- The education or training must allow the employee to develop skills which can be used in other firms (non-firm specific skills). The education or training must also not be part of the requirements for exercising the profession for which the employee was recruited.All types of learning could be included (formal and non-formal qualification, general and occupational courses...).
- Source of financing and collection mechanism
- Employer funds training, whereas employee provides (partial) repayment eligible training costs in case of premature departure from the company.The law, binding collective agreements, and court rulings provide specific conditions/limitations for the payback clause.
- Financing formula and allocation mechanisms
- Maximum 80% of training costs can be reimbursed by the employee to the employer. The amount to be reimbursed cannot exceed 30% of the employee's annual salary and must decrease progressively over time (maximum of 80% if less than 1/3 of the agreed duration, 50% if between 1/3 and 2/3 of agreed duration, 20% if more than 2/3 of agreed duration). Only employees on a permanent contract and earning more than EUR 36 201 per year are subject to a payback clause.
- Eligible costs
- Cost of training has to be recorded in writing (at latest at the start of training). It can only comprise the actual cost, excluding travel and accomodation costs.
- Beneficiaries/take up
- Not applicable
- Organisation responsible for monitoring/evaluation
- Not applicable
- Most relevant webpage - in English
- Not available
- Recent changes
10-10-2018. New threshold annual salary is EUR 35.761 (except for so-called bottleneck jobs). Probably, the rationale for the amendment is to keep up with more relevant (increased) salary treshold.
Recent changes in response to COVID-19
No changes
- Sources
- Artikel 22bis van de wet van 3 juli 1978 betreffende de arbeidsovereenkomsten
- https://werk.belgie.be/nl/themas/arbeidsovereenkomsten/uitvoering-van-d…
- https://www.voka.be/en/node/16099
- Short description
- Level of operation
- Name of a part of the country
- Name of the region (for regional instruments)
- Name of the sector (for sectoral instruments)
- Relevance
- Legal basis
- Objective(s) and target(s)
- Year of implementation
- Year of latest amendment
- Operation/management
- Eligible group(s)
- Group(s) with preferential treatment
- Education and training eligible
- Source of financing and collection mechanism
- Financing formula and allocation mechanisms
- Eligible costs
- Beneficiaries/take up
- Organisation responsible for monitoring/evaluation
- Most relevant webpage - in English
- Recent changes
- Sources