Comparative law notes
While the German and the Anglo-American concepts share the same purpose of allowing employers to claw-back certain expenses made from an employee who suddenly quits or violate his terms of employment and effect, they diverge on their scope because of the greater degree of protection afforded to employees under German employment law. Indeed, German employment law views these clauses more critically than traditional Anglo-American employment law. only because German courts are keen not to enforce such contractual clauses when the facts reveal unequal bargaining positions between employer and employee and when the circumstances triggering the repayment lie almost exclusively in the employer's sphere of influence.