Study Cost Clause in Westland
A study cost clause stipulates that an employee must repay the costs of training upon early termination of employment.
Conditions for Validity
A study cost clause is only legally valid if:
- It is recorded in writing
- The costs to be repaid are specifically named
- The repayment period is reasonable
- A graduated repayment scale is included
Graduated Repayment Scale
It is often agreed that the repayment obligation decreases per year after the training, for example by 20% per year worked.
Dismissal by Employer
If the employer initiates the dismissal, the employee does not have to repay study costs in most cases.
Recent Case Law
Courts, including the District Court of The Hague, have become stricter regarding study cost clauses and may adjust or declare them invalid if they are unreasonable.
Legal Basis: Directive on transparent working conditions, relevant case law
Frequently Asked Questions about Study Cost Clauses
When is a study cost clause binding?
The clause is binding if it is agreed in writing, the costs are clearly described, the period is reasonable, and a graduated scale is present.
Am I obliged to repay upon dismissal by my employer?
No, upon dismissal by the employer you are usually not obliged to repay, unless you have been seriously negligent yourself.
How does a graduated repayment scale work exactly?
A graduated repayment scale means that each year after the training you have to repay less, for example €5,000 after year 1, €3,750 after year 2, and so on.
What to do with an unreasonable study cost clause?
You can submit the clause to the court, which may decide to moderate it or declare it invalid. Contact a lawyer, for example via Juridisch Loket Westland.
Do these clauses also apply to self-chosen studies?
No, they usually only apply to training prescribed by the employer or directly relevant to your job.