Clauses according to which the employee is obliged to repay training and further education costs are subject to content control in accordance with. §§ 305 ff. BGB.
According to a ruling by the Third Senate of September 15, 2009 ( 3 AZR 173/08 ), a repayment clause is only permissible if the training and further education measure is of monetary benefit to the employee and the advantages of the training and the duration of the commitment are in an appropriate relationship to stand by each other. If the training measure lasts a little more than one working week, a maximum commitment of six months can be considered. If a commitment period that is too long is agreed upon, this will generally render the repayment clause ineffective as a whole.
The Senate left it open whether a claim for repayment could be opposed by the fact that the repayment agreement was only made after the training measure had been completed. If the employer withholds wages for the periods of participation in the training and then comes to an agreement according to which the employee is paid the wages, but he has to commit himself for an excessive period of time, this agreement must be measured against the general principles.