Written form requirement for training cost reimbursement agreement – Signature of both parties

According to § 2d para. 2 of the Austrian AVRAG (Employment Contract Law Adjustment Act), reimbursement of training costs can only be demanded based on a written agreement between employer and employee.

Under § 886 of the Austrian Civil Code (ABGB), a contract that is legally or contractually required to be in writing only becomes valid when both parties have signed it. The requirement for written form generally means a document bearing signatures, i.e., it must be personally signed beneath the text.

Failure to comply with this requirement results in the complete invalidity of the agreement.

OGH 24.04.2024, 9 ObA 57/23g