Reimbursement of training costs

According to Section 310 Para. 3 No. 2 BGB, the content control according to § 307 BGB applies to pre-formulated contractual conditions for consumers even if they are only intended for one-time use and the consumer was unable to influence their content due to the pre-formulation.

According to a ruling by the Ninth Senate dated 18. March 2008 (9 AZR 186/07) a consumer contract in the sense of. § 310 Abs. 3 BGB. For employment contracts, case law has recognized that these are contracts between entrepreneurs (employers) and consumers (employees) in the sense of: § 310 Abs. 3 BGB.

Nothing different applies to a “volunteership contract”. A clause regarding the reimbursement of services must be in place for the person liable to repay in accordance with Section 307 Paragraph. 1 sentence 2 BGB must be understandable and clear. In a side agreement to the “volunteership contract” it is stipulated that the training allowances and grants to be provided for the duration of the pure study period are only made available as a “loan” and after successful completion of the studies in 60 months through future “employment” with the lender ” are to be dismantled”, it must be determined at least as a framework when the contract is concluded that and under what conditions the “professional activity” should take place with the lender. This includes information about the start of the contractual relationship, the type and scope of employment and how the salary for the initial remuneration is determined. A clause that contains no information about this leaves the student in the dark.

This is an unreasonable disadvantage. It is irrelevant if the lender makes a sufficiently specific offer to conclude an employment contract for the period after completing your studies shortly before the end of the contract term. According to Section 310 Para. 3 No. 3 BGB, when assessing unreasonable disadvantage, only the text of the contract and the circumstances surrounding the conclusion of the contract must be taken into account, but not later events. The Senate has also pointed out that the student is further unfairly disadvantaged if essential rights are restricted contrary to the requirements of good faith. A clause that provides for a gradual reduction in the benefits granted on a “loan basis” through employment, without granting a right to employment after completing the period of study, restricts an essential right of the contractual partner in breach of trust.