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Author:Alewell, D.
Title:Rückzahlungsklauseln für Fort- und Weiterbildungsmassnahmen
Journal:Zeitschrift für Betriebswirtschaft
1998 : VOL. 68:10, p. 1121-1142
Index terms:CONTRACTS
COMMERCIAL LAW
COSTS
HUMAN CAPITAL
LEGISLATION
GERMANY
Language:ger
Abstract:This paper analyzes the economic functions of contract clauses, which stipulate the obligation of the employee to repay the costs for human capital investments to his former employer if the employee himself dissolved the contract. Repayment clauses have some positive economic effects, but their use causes costs as well. Some of these costs result from German jurisdiction, which implies several restrictions for their use. Other costs are independent from jurisdiction but result from the human resources context. It is shown that differences in costs and benefits between firms can lead to a differing application of this instrument. Based on the analysis of the economic functions and the costs, improvements of jurisdiction are proposed.
SCIMA record nr: 181057
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