If the employer pays for an employee’s training (Fortbildung), it can agree on repayment should the employee leave soon afterwards. The Federal Labour Court (Bundesarbeitsgericht) allows this only where the retention period (Bindungsdauer) is proportionate to the length of the training and the clause is transparent. If the binding is too long, or repayment is triggered by reasons within the employer’s sphere, the clause is void and no repayment is owed.
Fortbildungskosten are the costs an employer covers for an employee's further training and qualification, for example course and exam fees, travel and accommodation costs, or continued pay during a paid release from work. Because training also raises the person's value on the job market, the employer has a legitimate interest in recovering these costs if the employee leaves the company shortly after the training. This is handled through a repayment clause (Rückzahlungsklausel), which is valid only within narrow limits.
At a glance
- A repayment clause is permissible only if the training gives a lasting benefit, also on the job market, and the retention period is proportionate
- BAG rules of thumb: up to 1 month of training → at most 6 months' binding, up to 2 months → 1 year, 3 to 4 months → 2 years, 6 to 12 months → 3 years, over 2 years → up to 5 years
- The repayment amount must decrease pro rata with each month of tenure
- The clause must not apply where the employee resigns for reasons the employer is responsible for
FAQ
What happens if the binding is too long?
An excessive retention period usually makes the clause void in full; the employer can then reclaim nothing, not even the portion a shorter period would have allowed.
On which kind of departure is repayment owed?
Only where the employee causes their own departure, for example resigning without cause on the employer's side. If the employer terminates for operational reasons or gives cause to resign, no repayment is owed.
Does every training count?
No. Short inductions or training useful only to your own company do not justify repayment. There must be a genuine gain in qualification that is also valuable elsewhere.
Last updated: August 2026
This article provides general information and is not a substitute for legal advice in individual cases.
