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Good day,
I wonder if any one could give light on this topic as I have searched endlessly for answers.
Is study assistance contracts legal? And if so/not, where in legislation is it stated? I have a client who needs to train some of his employees due to legal obligations. But in the past, once he has trained an employee, the employee leaves the company only a few days after due to getting a better opportunity as he/she is now qualified or has a certificate on their name.
He now refuses to train employees without a "work back" contract stating that if he pays for training, the employee must work a certain amount of time in his employ and if he/she resigns, they need to pay back the employer the total amount of training costs. I however feel that if you up-skill your employees and force them to sign a contract, it is seen as Forced Labour.
Your thoughts on this would really be appreciated.
Kind regards,
Mariska.
