Finally, the Court held that the study contract is not an accession contract, that is, an inappropriate agreement that cannot be applied because it was the result of unequal bargaining power imposed on the worker. The Tribunal found that the employer was discussing the study contract with the employee before hiring, and the worker could have refused to leave his existing job to be employed by that employer, and decided that the study contract itself was not inappropriate. The court also found that there were study contracts that did not violate the WFBA. This type of contract is used to finance the training of an employee, provided that the worker stays with the employer for a certain period of time. The difference is that acceptable education contracts are optional and are not a prerequisite for employment or employment. Employers require that the reimbursement of education costs be an agreement to prevent workers who take advantage of their training to find new employment from working elsewhere. Companies protect themselves legally by encouraging employees to refund refunds when the employee leaves the company within a specified period of time after the completion of the training. In addition to university education, you can negotiate reimbursements for seminars, workshops, online courses and certification courses. You can ask a new employer to pay for your courses or share them with you as part of your compensation or signing package, as the company will benefit from your advanced knowledge. The lesson to be learned from Sands Appliance Services is that a signed agreement on the reimbursement of training or reimbursement costs by an employee is valid if: The Court of Appeal has placed itself on the employer`s side. It recognized that the law prohibited an employer from requiring a tax, gift, tip, tip or “other renumeration or consideration” as a precondition for employment or continuous distribution. It also noted that administrative provisions adopted under the Act are “prohibited to ensure that the employee closes the period of employment.” But the court found that there were no conditions of employment in the study contract, as the worker paid nothing during his employment and was not required to remain employed.
The employer had the right to enforce the contractual conditions only in the event of “unemployment” of the worker. The Court compared the employer`s right to recover training costs to its right to reimburse the worker`s personal phone calls. Prepare a payment plan so you don`t hang on with one big bill at a time. Put a specific date in the clause that ends it; If you. B stay more than three years after completing your training, you do not have to pay back your courses. The Michigan Supreme Court overturned the decision in Sands Appliance Services. The Supreme Court found that the study contract was contrary to section 8(1) of the Wage Fringe Benefits Act (WFBA), the court found that the contract was a condition of employment and that without it, the defendant would not have been able to work for the plaintiff. Because employees leave companies for a variety of reasons, not all companies ask employees to reimburse their education. Check the wording of your agreement to see if you need to pay tuition fees in the event of dismissal, termination of cause or voluntary separation or any other specific situation.