Drafting a study cost clause is absolutely not easy

With a study cost clause, you agree that an employee will repay (part of) the study costs if they leave employment. Please note: since a change in the law in 2022, mandatory training must often be free of charge, and a study cost clause is, in principle, not valid for such training.

What is a study cost clause?

A study cost clause is an agreement whereby the employee repays the training costs in whole or in part if the employment contract ends. Often, a sliding scale is used: the longer the employee remains employed after the training, the less he has to repay.

Mandatory training: often no longer subject to a study cost clause

Since 2022, training that the employer is required to offer by law or pursuant to a collective labor agreement must be free of charge for the employee. For such mandatory training, a study cost clause is in principle void, and the time spent must, moreover, count as working time. Whether a training course falls under this regulation requires careful assessment. (The precise scope of this regulation may vary depending on the situation; have this assessed.)

When is a study cost clause still possible?

For non-mandatory training, a study cost clause is still permissible, provided it is reasonable. Older case law establishes conditions: the employee must be aware of the costs he risks incurring, a phase-out scheme generally applies, and the repayment must be proportionate to the benefit the employee derives from the training.

This is how you draft the clause correctly

Describe which costs are covered by the clause, the applicable period, and how the repayment phases out. Differentiate between mandatory and non-mandatory training. An unclear or overly strict clause will not hold up.

Frequently Asked Questions

Am I allowed to reclaim all training costs?

Only for non-compulsory training and within reasonable limits, usually with a phase-out scheme. For compulsory training, a ban on recovery has applied in principle since 2022.

How do I know if training is mandatory?

That depends on the law and the collective labor agreement applicable to your company. Because the consequences are significant, a legal assessment is advisable.

Does an old study cost clause still apply?

Existing clauses may have partially lost their effect due to the change in law. Have current clauses reviewed.

Drafting a valid study cost clause?

Our legal experts draft a study cost clause that aligns with current regulations, or incorporate it into your employment contract. View our employment lawteam or schedule a free consultation.