Employer's Development Obligation in Westland
In Westland, with its thriving horticultural sector, the employer's development obligation is a legal requirement for employers to promote employee growth. This means sharing information about training and courses, such as those for greenhouse construction or sustainable cultivation, and facilitating participation. Since 1 August 2024, this is explicitly set out in law, specifically to strengthen careers in regions like Westland.
What does the employer's development obligation mean for Westland employers?
The employer's development obligation recognises that employees in Westland, often in flexible roles at greenhouses or export companies, must keep their skills current to stay employable. Employers must actively contribute—no longer just a voluntary offer, but a firm legal duty.
The law specifically requires employers to:
- Hold an annual development discussion with the employee.
- Provide overviews of training options, available locally via the Municipality of Westland or external providers.
- Assist with suitable training, unless it would be unreasonable.
This applies to all contracts, including temporary ones lasting longer than six months—crucial for seasonal workers in greenhouse horticulture.
Legal basis
Established in Article 7:611a of the Dutch Civil Code (DCC), introduced on 1 August 2024 via the Work and Mobility Scale Act (WAMS). This builds on the Work and Security Act and promotes lifelong learning, suited to Westland's dynamic labour market.
Previously, compensation was required upon dismissal, but now the emphasis is on prevention through proactive training. The Supreme Court (ECLI:NL:HR:2020:1163) laid the groundwork, now codified. Employees must also cooperate (Article 7:611a(3) DCC).
Rights and obligations
Employee rights in Westland
- Annual discussion: At least one per year about your development.
- Training information: Up-to-date lists of internal and external options.
- Support: Reimbursement of reasonable costs and time, unless a valid study cost clause applies (see validity).
- Dispute?: Approach the District Court of Westland for enforcement. Start with advice from the Legal Aid Desk Westland.
Obligations of employer and employee
| Subject | Employer | Employee |
|---|---|---|
| Development discussion | Schedule and document | Actively contribute ideas |
| Information | Proactively provide | Express needs |
| Training | Facilitate where reasonable | Select feasible options |
| Costs | Reimburse if relevant | Choose budget-consciously |
Refusal is permitted for irrelevant or excessively costly training, such as options not suited to Westland horticulture roles.
Examples from Westland practice
Example 1: Greenhouse worker
At a Westland horticulture company, an employee requests a course on sustainable LED lighting (€1,800). The employer facilitates it with paid leave, as it enhances employability.
Example 2: Temporary worker
A temp worker (9 months) wants an HBO-level cultivation course. The employer discusses alternatives during the meeting but refuses if unrelated to the job.
Example 3: Conflict
A sales employee demands a management course (€4,500). The employer refuses; the subdistrict court of the District Court of Westland orders compliance due to its career relevance. Link to dismissal law.
These cases highlight the balance in Westland's labour market reality.
Link to study cost clause
The obligation restricts strict study cost clauses—they must be reasonable (Article 7:611a DCC). More info: study cost clause validity.
Frequently asked questions
Must the employer always pay?
No, only for reasonable, job-related training. Any refusal must be substantiated.
Does it apply to temporary workers?
Yes, for those over six months; shorter contracts grant information rights only.
No discussion scheduled?
Remind the employer in writing. If non-compliant: Legal Aid Desk Westland or District Court of Westland.