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Hi,

I am a CAD design engineer and recently I have been employed and sent on a course.

My contract ends at the end of the year, if I don't renew my contract do I still need to pay it back? Below is what is stated?

It is hereby agreed that:
1. The Company agrees to provide to the Contractor the training as outlined in Schedule A of this agreement at no cost to the Contractor providing:
a) The Contractor does not leave the company of their own volition within 3 years of recieving the training.
b) If the Contractor leaves the company within 3 years of recieving the training, the Contractor does not use the skills, knowledge or training provided for a minimum of 2 years from the date of leaving the Company.
2. The Company acknowledges that if the services of the Contractor are no longer required, and the relationship between the Company and Contractor is terminated by the Company (except in case of breach of contract or misconduct – see paragrahph 3) that the Contractor is free to use the skills, knowledge and training provided under Schedule A.
3. Breach of Contract/Misconduct by the Contractor shall be treated as paragrah 1.
4. The full cost of the training, plus any hourly payments made during the training period,
to the limit of £13,000 shall be come liable with any breach of this agreement, to be settled within 30 days of the breach.


Sorry for it being so long
 

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So they knowingly sent you to an expensive course with your contract ending by within the 3 year time limit. Seems to me you just can not use the training for two years after leaving then after that two years you can.

Andy.
You can leave, you just cant work. Win win.
 

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This seems like an employment law / contract law issue. I didn't see that you agreed to work for X amount for the duration. It looks to me like they used a form designed for employees to cover a contractor.

If would seem to me that if you wrote up an employment contract with the earnings you're looking for and they refused to agree you'd be in the clear, since your contract terminates by design. You don't actually have to refuse an offer.

A tough law question...
 

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Even if they lowball or cut salary massively?

I didn't see where he said that. I would expect a reasonable contract offer. On face value, it appears that the company would hope that rldee continues to work for them and honor the contracts.

If in fact they do low ball or force him out, left holding the bag for the training, that would seem like a bit of a scam.
 

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It's clear what the contract says - you're stuck. Now, in some places, California e.g., I don't think 1B would stand up at all, and the question of what's a breach and what's volitional are clearly important. Specifically, what happens if you can't agree with the company about the terms of a new contract? Indentured servitude went out a long time ago, even in England, and I doubt that the company can simply say you're in breach if you and they can't agree on the terms of your next contract extension.

All that being said, you did sign that agreement, right?
 

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Sounds like if you decide to up and leave you agreed to a will not compete for 2 years, sounds like if you simply can't renew a contract due to the fact you can't come to an agreement on a new one you are free to use the skills without paying.

This is a standard business practice, of we will pay for your courses/training, provided you provide x amount of years of service, if you quit before x amount of years you have to pay for the course.
 
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