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Employer offers to refund PR fees but with strings attached.

BubbOZ

Star Member
Sep 8, 2013
160
2
Category........
Visa Office......
Sydney, AU
Job Offer........
Pre-Assessed..
App. Filed.......
22-10-2013
AOR Received.
06-11-2013
File Transfer...
07-11-2013
Med's Done....
With APP
Passport Req..
23-12-2013
VISA ISSUED...
23-01-2014
LANDED..........
24-01-2014
Hi folks,

We personally paid for our PR application and were successful. :)

My spouse's employer has offered to refund us the cost but must agree to stay with them for 3 years. Should we leave the company before that, we must give it back. If I go on company mandated training and quit the next day, I don't owe them. Why should we tied in this case?

Is that legal? Doesn't it violate some labour standards?

Cheers...
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
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London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
BubbOZ said:
Hi folks,

We personally paid for our PR application and were successful. :)

My spouse's employer has offered to refund us the cost but must agree to stay with them for 3 years. Should we leave the company before that, we must give it back. If I go on company mandated training and quit the next day, I don't owe them. Why should we tied in this case?

Is that legal? Doesn't it violate some labour standards?

Cheers...
If you enter into a contract (they pay for the PR, in exchange for a 3 years commitment) and then you break the contract, why shouldn't they get their money back?
 

BubbOZ

Star Member
Sep 8, 2013
160
2
Category........
Visa Office......
Sydney, AU
Job Offer........
Pre-Assessed..
App. Filed.......
22-10-2013
AOR Received.
06-11-2013
File Transfer...
07-11-2013
Med's Done....
With APP
Passport Req..
23-12-2013
VISA ISSUED...
23-01-2014
LANDED..........
24-01-2014
I understand their logic ...

But I put that in the same pot as training. Surely it is illegal to recoup training fees from an employee. Isn't it?

The employer paid for the work permit a few years ago and there was no commitment or clawback clause.


zardoz said:
If you enter into a contract (they pay for the PR, in exchange for a 3 years commitment) and then you break the contract, why shouldn't they get their money back?
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
BubbOZ said:
I understand their logic ...

But I put that in the same pot as training. Surely it is illegal to recoup training fees from an employee. Isn't it?

The employer paid for the work permit a few years ago and there was no commitment or clawback clause.
It's quite common for companies to claw back training fees if the employee leaves soon after the training.
It depends on the individual contract of employment especially if the employee is fairly new.
 

Leon

VIP Member
Jun 13, 2008
21,950
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Job Offer........
Pre-Assessed..
If you don't want to be bound for 3 years, then simply don't take their offer.

Regardless of the legality of the agreement, it would be dishonest of you to make such an agreement not intending to pay the money back if you break it.