Legal questions regarding employee retraining

Retraining employees helps you fill hard-to-fill vacancies, facilitate reintegration, and retain experienced staff — but it raises legal questions regarding subsidies and study costs. You can handle this carefully with the right government schemes and a valid study cost clause. Below, you will find the options and points to consider.

Why retrain employees?

Retraining offers new opportunities for both employee and employer. It may be necessary to fill hard-to-fill vacancies, to facilitate reintegration, or because your company's needs are changing. Moreover, it helps retain experienced staff and encourages lifelong learning within your organization.

Subsidies and support for retraining

The government supports retraining through various schemes and subsidies. Examples that have been used in the past include:

• training subsidies for employed and unemployed people;
• the lifelong learning credit for a higher professional or university program;
• the SLIM subsidy for employers who invest in the growth and development of employees;
• sometimes municipalities' own regulations.

TODO_VERIFY: Available subsidies and their conditions change regularly (for example, the STAP budget has now been terminated) — check which schemes are currently available before counting on them.

Paying and repaying study costs

An important aspect is the financing of education and the potential reimbursement of study costs. A study cost clause can remove financial objections, but must meet strict requirements to be valid:

• there must be a sliding scale (reimbursement decreases the longer the employee stays);
• the employer is usually not allowed to reclaim the costs if he terminates the employment himself;
• Mandatory training courses required for the position must be free of charge.

Reintegration processes are often particularly complex. You must make an effort to find suitable work, and an employee may sometimes wish to pursue training to return to work. Because it is not certain in advance whether this will lead to a return to work, an employer is not always willing to contribute (fully) financially. Assess this on a case-by-case basis, possibly with legal advice.

Frequently Asked Questions

What subsidies are available for retraining?

There are various schemes for employers and employees (such as the Lifelong Learning Credit and the SLIM subsidy). The offerings change regularly, so check the current options.

Can I reclaim study costs for retraining?

With a valid study cost clause, this is possible under conditions (sliding scale, not in the event of dismissal by the employer, not for mandatory training).

Do I have to contribute to retraining for reintegration?

That depends on the situation. You have an obligation to make every effort to promote suitable work, but whether you contribute (partially) to the cost of training is assessed on a case-by-case basis.

What is the difference between a study cost clause and a study agreement?

A study agreement sets out the broader agreements regarding the program (costs, time, obligations); the study cost clause is specifically the repayment arrangement within it.

Help with retraining and study costs?

We draft a legally valid study agreement and study cost clause, advise on your obligations as an employer, and help you make optimal use of the available schemes.

Our employment law are ready to assist you. Schedule a no-obligation intake consultation.