In a rapidly changing labour market, companies are increasingly investing in training to maintain and develop their teams’ skills. Some training programmes involve significant costs and raise a recurring question for HR departments: is it possible to secure this investment if an employee leaves the company shortly afterwards?
In Belgium, there is an answer: the training repayment clause.
What is a training repayment clause?
A training repayment clause is a legal provision that allows the employer to request that an employee reimburse part of the cost of a qualifying training programme if the employee voluntarily leaves the company within a specified period.
It is not a punitive clause, but rather a mechanism designed to balance the employer’s investment with the employee’s freedom of movement.
A strict and protective legal framework
Governed by the Act of 3 July 1978 on employment contracts, the training repayment clause is subject to a set of precise requirements. It is only valid if all of the following conditions are met:
1. A genuinely qualifying training programme
The training must:
- provide transferable skills on the labour market,
- go beyond simple internal upskilling,
- offer concrete added value for the employee.
In other words, it must improve the employee’s “employability” beyond their current position.
2. Strict contractual formalities
The clause must be:
- drafted in writing,
- included in the employment contract or, failing that, in an addendum signed before the start of the training.
It must clearly specify:
- the actual or objectively calculable cost of the training,
- the nature and content of the training,
- the amortisation period (maximum 3 years),
- the degressive amount to be repaid depending on the departure date.
3. Limited and degressive repayment
The law provides for a cap on repayment:
- 80% if the departure occurs within the first 12 months,
- 60% between the 13th and 24th month,
- 40% between the 25th and 36th month,
- 0% beyond 3 years.
This degressive scale reflects the gradual amortisation of the investment.
When does the clause not apply?
The training repayment clause can never be enforced if:
- the employee is dismissed by the employer (except in cases of serious misconduct),
- the training is mandatory (e.g. safety training, training required by law or by the sector),
- the training is necessary for the function,
- the actual cost of the training cannot be demonstrated,
- the clause does not comply with one of the legal conditions.
Many disputes show that poorly drafted or overly general clauses are frequently declared invalid.
A useful HR tool… if used correctly
When properly drafted, the training repayment clause becomes a tool for:
- protecting training investments,
- securing costly development projects,
- supporting strategic workforce planning.
However, its use must remain measured, transparent and clearly understood by the employee. Clear communication is essential to avoid any perception of coercion.
Best practices for HR:
- Formalise the clause in a clear and precise addendum.
- Document the actual cost (invoices, quotations, agreements).
- Ensure the training is genuinely qualifying.
- Provide a reasonable amortisation period.
- Explain the approach to the employee in a spirit of partnership.
Conclusion
The training repayment clause is not an obstacle to mobility, but a way to ensure that the company does not bear alone the cost of substantial training from which an employee could immediately benefit elsewhere.
When properly framed, it represents a balanced lever between HR strategy, investment in skills and legal certainty.
By Daniel Binamé,
Development and Partnerships Manager Partena Professional
Download the Partena Professional checklist here:
HR checklist: Using a training repayment clause safely