Sorry to disagree
don't wannabe but I think that is a combination of wishful thinking and confusing the issue. A simple explanation of the Bosman ruling can be found
here .
This case was elevated from the Belgian Courts to the European Court of Justice and related to restrictions imposed on a football players movements by his club, and the games governing bodies at that time.
In the case of a training bond in the UK, the applicable law is likely to be contracts law. An employer is
not restricting the movement of an individual but potentially demanding reimbursement of the training costs for that individual. Such action would be very difficult if there was no contract in effect. In the case of a "training bond" there is a contract in effect. This contract would presumably have been signed by the employee and would therefore on the face of it commit the employee to the terms contained therein.
In practice this is no different than the employer insisting the individual pay for the necessary training that enables him to be in the position to be considered
fully qualified to be offered specific employment. If the individual instead chose to borrow the money from a bank to place himself in that same position a contract (loan) would presumably also be entered into and would also be enforcable in the case of default.
If an individual wishes to break a bond or in other words terminate the contract, they should always be able to do so by satisfying the contract or with terms that may be included for early termination. This is no different than with most other contracts. Only if the employer
then sought to restrict the movement of the individual might your example have merit.
I am not saying I agree with this practice, because I don't, however people need to have a clear understanding of what they are doing before entering into a contract. It would be disingenuous to suggest that it is OK to sign a contract under the illusion that the same contract might be unenforceable in the event of default. In any event, if you have any doubt at all, take your contract to a lawyer for proper advice.
As a matter of interest, which part of Article 48 allows you to be forgiven the costs of training that you have contracted for ?
For reference Article 48 of the Treaty of Rome states :
Article 48.
1. Freedom of movement for workers shall be secured within the Community by the end of the transitional period at the latest.
2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.
3. It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health:
(a) to accept offers of employment actually made;
(b) to move freely within the territory of Member States for this purpose;
(c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action;
(d) to remain in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in implementing regulations to be drawn up by the Commission.
4. The provisions of this Article shall not apply to employment in the public service.