Resigning after coaching could be expensive for workers | EUROtoday

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It's a sea serpent that has simply resurfaced throughout the negotiations on the “life at work pact”. The employers' union Confederation of Small and Medium-Sized Enterprises (CPME) has expressed the want that employers be capable of extra simply use the coaching waiver.

This system, which happens within the type of a clause throughout the framework of an settlement between the employer and the worker, gives that the latter undertakes to stay for a sure time within the firm upon coming back from the coaching which was financed for them. , beneath penalty of getting to repay it.

An obligation justified by Eric Chevée, the vice-president answerable for social affairs of the CPME: “When employees acquire skills through training that they can immediately sell elsewhere, this can dissuade companies from financing them. Instead of training their own employees, employers, for lack of guarantees, are tempted to recruit from outside, which is a shame. »

By reducing the risk of early departure, this system would encourage companies, especially those operating in sectors under pressure, to invest more in internal training. And Eric Chevée points out, for example, that a driving license for a 40-ton heavy goods vehicle costs around 4,000 euros, a considerable sum for a small business.

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The forfeiture-training clauses also concern executives, who can be sent to business schools to attend seminars worth several tens of thousands of euros, provided that they agree to stay between two and five years with their employer. .

Shared employee unions

Currently, the forfeiture clause is essentially “governed by the case law of the Court of Cassation, which defines its conditions of validity according to the cost and duration of the training specified in the agreement signed in advance between the employee and the employer”, clarify Pauline Miranda and Christophe Girard of the CMS Francis Lefebvre Avocats agency in Lyon. It is subsequently not a proper enshrined within the labor code: by bearing in mind the findings of case legislation and detailing the probabilities, its inclusion within the legislation would, based on these attorneys, give higher visibility to this little-used system. as a result of little recognized.

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Convinced of its strengths, Franck Morel, social legislation lawyer from the Flichy Grangé agency, for his half promoted dedit-training in a notice revealed beneath the aegis of the Institut Montaigne, a liberal-inspired assume tank in 2020. . He proposed the contractual implementation of such a clause when the corporate implements further means to satisfy its authorized obligations, restricted in time and to the train by the worker of competing actions. In this attitude, “the employer advantages from the productiveness acquire ensuing from its safe funding within the coaching of an worker. And the latter improves his employability and his expectations of revenue on the job market. Everyone wins “explains Franck Morel.

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