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If the answer to any of these questions is negative, it is not necessary to obtain a refund in accordance with Section 2802 - although a refund may be necessary when an employer assumes a contractual obligation to repay beyond the legal obligation. The above conditions form the whole agreement between the parties and reject any prior communication or agreement regarding the purpose of this agreement. There are no written or oral agreements directly or indirectly related to this agreement that are not set out here. This agreement can only be amended in writing and signed by both parties. 4. Compensation. The employer heresafter represents the employer of and against all actions, claims, claims, damages and other losses suffered by the employer by the fact that a state tax authority considers, saves and saves the reimbursement of tuition fees as a benefit to the worker. With respect to the analysis of Section 2802, the Tribunal found that the case suffers no expense or loss resulting directly from the performance of its duties by participating in the apprenticeship program and was therefore not entitled to compensation. On the contrary, the court found that he received a benefit because UPI indicated the cost of his voluntary commitment for continuing education.

Although It was established that Case had made a qualified expense or incurred losses, these expenses or losses were not necessary. First, the program was totally voluntary. Second, there were at least three ways to secure an MTE position: (1) pass the MTE test without training; (2) self-learning; or (3) the Learner program. Case voluntarily chose the third option and was therefore not entitled to compensation. The court ordered That Case fulfill its obligation to repay UPI under the terms of the repayment agreement. This particular issue was addressed by a California court in USS-Posco Industries v. Case[5] which upheld a summary judgment in favour of the employer who sought reimbursement when a worker left the workplace only two months after the completion of the employer-sponsored training program. USS-Posco Industries (UPI) has faced a shortage of technical electricity maintenance (MTE) personnel. To solve this problem, UPI has implemented a voluntary learninger program to train current employees in MTEs. The Learner program was a three-year training program that, after passing the exam, would fill one of MTE`s vacancies. Staff members who participated in the program had to enter into a reimbursement agreement stating that, in the event of a voluntary termination of the employment contract, they would reimburse UPI within 30 months of the end of the program. 1.

Reimbursement of education. The employer agrees to pay directly for the course as long as the employee is in the employer`s job. The question therefore arises as to whether the employer can demand reimbursement of training expenses when the labour code, section 2802, requires the employer to pay the expenses related to the employment relationship. This problem is compounded by the protection measures set out in section 2804 of the labour code, which provide that a worker`s right to compensation cannot be abolished by contract. [4] Employee Floyd Case attended the Learner program and left UPI two months later to work for Lawrence Livermore National Laboratory as a high-voltage voter.