Assistance with study costs and final settlement after dismissal

Questioner

My employer paid for a course for me. I took the exam twice (the first time my passport was invalid because it had expired a few days ago). About 2 months later I resigned. The HR department informed me by email that they no longer benefit from the fact that I took the course. They want me to pay the bill or my new employer to pay for it. I have not signed a study agreement or anything else. Last week I received a final statement and there is a minus amount on it. Can my ex-employer simply withhold the remaining amount that I would receive for overtime? Am I obliged to pay these course costs? And how do I bring this up with my ex-employer?

Lawyer

Without a study costs agreement, your employer is not allowed to recover the costs from you. He is also not allowed to simply offset these costs. You must write a letter (keep a copy) or email to the employer requesting payment of the full amount of the final settlement (i.e. without deduction). If the employer refuses, only the subdistrict court judge can force him to pay. You may do this yourself. However, it is better to consult a specialized labor law attorney.

Lawyer

From your story I gather that no agreements were made in advance about the possible reimbursement of study costs, such as in which situations and under which conditions. It therefore seems very likely that your employer is not allowed to offset these costs with your final settlement and that you have a hard wage claim on your employer. See below a sample letter.