In the judgment of April 16, 2024 (ref.: 9 AZR 181/23), the Federal Labor Court (BAG) clarified that repayment claims from employer loans for a professional qualification are subject to the contractual exclusion periods. This means that claims for repayment of such loans will expire if they are not claimed on time.
Background of the case
A pilot received a loan from his employer to finance expensive training to become qualified to fly a specific type of aircraft. After the company went bankrupt and the employment relationship ended, the insolvency administrator demanded repayment of the loan. The employment contract contained a three-month exclusion period within which claims must be asserted after they became due. However, the insolvency administrator did not demand repayment until September 2020, long after the exclusion period had expired.
The court’s decision
The BAG determined that claims from employer loans for further training are considered “claims from the employment relationship” and are therefore subject to the employment contract exclusion periods. Since the repayment claim was not asserted in time, it has lapsed. The BAG emphasized that the exclusion period applies because the loan was granted in direct connection with the employment relationship in order to promote professional qualifications.
Practical consequences and recommendations for action
- Pay attention to exclusion periods: Employers must file repayment claims immediately to prevent forfeiture.
- Clear regulations: Employer loans should contain clear repayment terms and deadlines to avoid misunderstandings and missed deadlines.
- Act quickly in the event of insolvency: Insolvency administrators and employers should take exclusion periods into account in the employment contract in order to assert claims before they expire.
Conclusion
The ruling makes it clear that employer loans for further training are to be treated like other employment contractual claims and that exclusion periods apply. Employers providing training loans should ensure that repayment requests are made on time to avoid losses.
