PPRuNe Forums - View Single Post - Training bonds - enforceable or not?
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Old 15th Sep 2019, 13:15
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KeepCalm
 
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jetblast101

I'm afraid I wasn't precise enough there. I had a few conversations about this in the past with my wife and I had the understanding it was EU-law.
Took a look on the internet, but could not find anything in EU labor law, but just in the Spanish "generic labor law", where it says the employer may ask for a training bond to be signed, for a maximum period of 2 years (very generic)
Asked the missus and she told me that it does not specify that it has to be pro-rata, as it's a common "law-convention".

And she also told me if taken to court it depends on what the judge deems reasonable, that you would need to check on previous sentences (precedent). Her understanding is that an employer would have the right to enforce a type rating bond, as it's something that you can carry on to your next employer and/or gives an advantage to your next employer, but for instance the OCC (operator's conversion course) would not be eligible as it's company-specific training.

Having said that, the type rating bond contract has to be well-written and has to be reasonable (as already said by other colleagues in this thread) for it to not be shot down in court straight away (this applies to any kind of contract really). For instance, abusive clauses or quantities claimed (i.e. asking for a compensation of 25k, if the type rating cost for the company is 15k) would probably make the employer lose the case.
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