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A study cost clause must be crystal clear: if it is unclear which costs are covered and how they are calculated, the employee may be able to avoid repayment. A judge recently confirmed this, resulting in the cancellation of over €15,000 in supervision costs. Furthermore, strict requirements apply to a valid study cost clause. Below, you can read about those conditions and how to prevent problems.
What is a study cost clause?
A study cost clause is an agreement between employer and employee that the employee repays (part of) the study costs if they leave within a certain period after completing the training. It is common practice at companies that invest heavily in training. Strict requirements apply to such a clause, and ambiguity quickly leads to problems.
Example: unclear clause causes problems
In a case (ECLI:NL:RBDHA:2023:12734), an occupational health and safety service provider had included a study cost clause for an employee who was following an external training course to become an occupational physician. The study costs amounted to 56,250 euros plus supervision costs and the hours spent on the training during working hours. When the employee left, a dispute arose — primarily regarding the supervision costs.
The employee had never been properly informed about what fell under “supervision” and how those costs were calculated. The subdistrict court ruled in his favor: he did not have to reimburse those costs. As a result, over 15,000 euros were forfeited.
Conditions for a valid study cost clause
For a valid clause, the following requirements, among others, apply:
- the employer is usually not allowed to reclaim study costs if he terminates the employment himself;
- the clause must clearly state the amount of the study costs;
- it must contain a sliding scale: the repayment obligation decreases the longer the employee remains employed;
- Mandatory training must be offered free of charge and count as working time — a consequence of the Transparent and Predictable Working Conditions Directive.
When negotiating a termination agreement , you may deviate from the study cost clause, for example by agreeing that the employee repays nothing or only a part.
Frequently Asked Questions
Does an employee always have to repay study costs upon leaving?
No. Only if the clause is valid and clear. Uncertainty regarding which costs are covered may invalidate the reimbursement.
Can I reclaim study costs if I dismiss the employee myself?
Usually not. If the employer terminates the employment, recovery is often not possible, except for exceptions.
Do I have to reimburse mandatory training?
Yes. Mandatory training courses required for the position must be offered free of charge and count as working time; no clause regarding study costs may apply to them.
What is a sliding scale?
An arrangement whereby the repayment obligation decreases over time, so that the employee has to repay less the longer he remains employed.
Have a study cost clause carefully drafted?
Study cost clauses sometimes involve tens of thousands of euros, so careful consideration pays off. With our experience in employment and contract law , we draft clear clauses that prevent problems, and we assist you in dismissal cases.
Our employment law are happy to assist you. Schedule a no-obligation intake consultation.
