What is a de-training clause?
Verified 06 February 2026 - Public Service / (Prime Minister)
A clause of dedit-formation is a clause included in the employment contract where the employee undertakes to reimburse the training costs if he resigns before a certain deadline. The clause therefore governs the period following the training. What conditions must be met for this clause to be valid? We present the regulations to know.
The de-training clause is a clause included in the employment contract that provides:
- The financing by the employer of training for its employee
- The employee's commitment, in return, to remain in the company for a minimum period.
If this commitment is not respected, the employee reimburses all or part of the training costs based on the actual cost of training to the employer.
FYI
The de-training clause can be inserted into the employment contract at the time of hiring, but also during the execution of the employment contract via a endorsement.
The de-training clause cannot be inserted into a professionalization contract.
For the clause to be valid, several conditions must be met:
- The employer's funding for training is greater than the expenses imposed by law or the collective agreement
- This written clause is signed before training
- This clause must mention at least the date, nature and duration of the training as well as the cost real and not a lump sum for the employer
- The amount of the reimbursement is proportional to the costs actually incurred by the employer
- The clause is limited in time (between 2 and 5 years depending on the duration and cost of the training) and in its amount so as not to deprive the employee of his ability to resign
- The amount and terms of reimbursement to be paid by the employee are indicated.
Warning
Of treaty provisions may provide for specific arrangements.
The clause is implemented if the breach of the employment contract responds to 2 following conditions:
- It is initiated by the employee (example: resignation)
- It is not due to the employer.
FYI
A broken contract at the initiative of the employee during the trial period does not deprive the employer of its right to apply this clause.
Thus, the clause is not applicable in the event of a termination at the initiative of the employer even in the event of dismissal for gross negligence of the employee.
The clause is therefore not applicable if the breach of the contract is due to the employer (example: resignation of an employee due to unpaid wages).
The judge considers that the de-training clause cannot apply in case of conventional rupture even if it was the employee who took the initiative to request this break-up.
Indeed, the conventional rupture occurs by mutual agreement.
No. The clause cannot provide for the reimbursement by the employee of wages received during the training.
If the clause is implemented, the employee reimburses the training costs and not salaries.
Yes. One non-compete clause may be provided for with a de-training clause in a contract.
Yes. The employer may waive the application of this clause.
FYI
The formula " free from any commitment » on the work certificate is not sufficient in itself to prove the employer’s waiver of the application of a de-training clause.
Who can help me?
Find who can answer your questions in your region
Administrative information by telephone - Allô Service Public
For more information on this subject, you can contact Allô Service Public.
Please note: the service does not have access to users' personal files and therefore cannot provide information on their progress.
He does not respond questions concerning unemployment compensation and the approach to the France Labor (formerly Job center), public servants or contract workers of the fCivil Service, the amount or payment of contributions social, wage or employer.
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Service Free
The informants who answer you belong to the ministry responsible for labor.
Professionalization contract not covered by the de-training clause