With regard to the reimbursement of training expenses, Turkish labor law requires certain conditions within the framework of Supreme Court (Court of Cassation) decisions and employment contract provisions. In this article, we address the criteria that stand out in practice regarding the reimbursement of training expenses and the points that should be taken into consideration.
Basic Conditions for the Reimbursement of Training Expenses
First of all, in order for the employer to request training expenses from the employee, this matter must be explicitly agreed upon through a written undertaking or agreement. If the employer provides training without obtaining any written commitment, the training may be deemed to have been provided free of charge, and it may not be possible to recover the training expenses from the employee who leaves employment. The Court of Cassation also adopts this approach.
In addition, the reimbursement obligation must be proportional and reasonable. There must be a balance between the training costs and the period of service expected from the employee, and excessively long commitment periods should not be imposed. For example, stipulating a five-year service obligation for a short-term seminar is not considered valid in the practice of the Court of Cassation.
Proof of Training Expenses
In order to determine the amount of training expenses, it is important to retain documents suitable for evidentiary purposes. Since the employer is the party requesting reimbursement of the training expenses, the employer must prove that the expenses were actually incurred and document their amount. In this context, documents such as training invoices, payment receipts, and certificates of participation should be retained.
Number of Employees Benefiting from the Training
If the training is provided collectively to all employees, it is not possible to charge the entire cost to a single employee. In such a case, the total cost should be divided by the number of employees who benefited from the training, and the amount attributable per employee should be calculated accordingly.
Proportional Reimbursement
It is possible to agree that the employee will work for the employer for a certain period in return for the training provided, which may be evaluated within the scope of the duty of loyalty. However, in order for a reimbursement or penalty clause not to be applied, the period during which the employee is obliged to work must be balanced with the type and cost of the training. If the employee has committed to work for a certain period in return for the training but has completed only part of this period, the employer may not claim the full amount of the expenses, but only the portion corresponding to the unfulfilled period. In other words, in the case of training provided in exchange for a two-year service commitment, if the employee leaves after one year, only the amount corresponding to the remaining period may be requested.
Which Expenses Can Be Claimed and Which Cannot?
A significant distinction must be made at this point. Employers cannot request reimbursement of every type of expense from the employee. Examples of expenses that cannot be claimed include occupational health and safety trainings (as they are legally mandatory), advertising and promotion expenses, salaries paid during the training period, student scholarships, and unforeseen ancillary costs. In this respect, for example, pursuant to the decision of the Court of Cassation 9th Civil Chamber numbered E.2014/32276, it was held that “…expenses related to trainings that must be provided to the employee within the scope of occupational health and safety measures pursuant to Articles 78 et seq. of Labor Law No. 4857 cannot be claimed.” In this decision, it was ruled that such training expenses cannot be requested.
In practice, the Court of Cassation also considers trainings that are mandatory for the performance of the job – without which it would not be possible for the employee to perform the work – as trainings whose costs cannot be reclaimed. In addition, if the training provided to the employee is related to the internal operations of the company, it can likewise be argued that the training expenses cannot be requested from the employee. In one Court of Cassation decision, it was stated that the training obtained by the employee for the installation of a computer system purchased by the employer constituted training provided due to projects carried out or software acquired by the business, was essentially aimed at fulfilling the employer’s interests, and did not provide any additional contribution to the employee’s existing career; therefore, the employer’s claim for reimbursement of training expenses was rejected. The Court of Cassation also explicitly emphasizes that the costs of trainings that are mandatory for the performance of the job cannot be claimed from the employee.
Examples of expenses that may be claimed include transportation, accommodation, meals, electricity and water expenses directly related to the training, rental fees for training venues, and trainer fees.
Special Situations: Examination and Retake Costs
Another issue frequently encountered in practice concerns examination expenses. Whether the fee for a second examination can be charged to the employee if the employee fails the first examination creates uncertainty. It can be stated that, in order for such expenses to be claimed, this situation must be explicitly regulated in the contract. However, in order to make a wage deduction in this regard, it would be advisable to first obtain the employee’s written consent and to pay attention to the statutory limits prescribed for deductions.
General Evaluation in Light of Court of Cassation Decisions
In many of its decisions, the Court of Cassation highlights the following fundamental principles regarding the reimbursement of training expenses:
- The training expense must be explicitly regulated in the contract and signed by the employee.
- If the training expense is mandatory for the performance of the job, it cannot be claimed from the employee.
- There must be a reasonable balance between the training commitment and the service period.
- The matter must be recorded through a written agreement between the parties.
In Court of Cassation decisions, it is assessed that where reimbursement of training expenses is agreed independently through a contract separate from the employment contract, the employer may still claim these expenses even if the employment contract is terminated by the employer. In this respect, the Court of Cassation 9th Civil Chamber decision dated 01.04.2021, numbered E.2021/77, K.2021/7348, states as follows:
“As a result, if training expenses are agreed independently through a contract separate from the employment contract and signed by the employee, the employee is obliged to pay the training expenses even if the employment contract is terminated by the employer… The contract or additional protocol regarding the training executed between the employer and the employee must be in writing. If there is no written contract or additional protocol, it is accepted that the employer provided the training to the employee free of charge. Therefore, the cost of a training provided without a written contract cannot be claimed from an employee who resigns before the agreed period.”
By this wording, it is clearly stated that if training expenses are regulated through a contract independent from the employment contract, the employee will be obliged to reimburse such expenses even if the employer terminates the employment relationship.
Conclusion and Recommendations
Although reimbursement of training expenses is legally possible, a written agreement prepared in advance is of great importance for exercising this right. In order to avoid problems and uncertainties in legal claims to be asserted based on such an agreement, it is recommended that the agreement clearly stipulate the subject of the training, by whom it will be provided, who will bear the costs, the duration for which the employee is obliged to work due to the training, and whether the employee will reimburse the training expenses or pay a specific penalty if they leave employment before the agreed period.
In this way, employers can safeguard their investments, while employees act with full knowledge of the obligations they undertake. It should not be forgotten that a properly drafted training undertaking can help prevent disputes that may arise in the future.
Attorney At Law Merve Gözde Üçler