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A resolutive condition in an apprenticeship or training contract is interpreted restrictively by the court, due to the closed dismissal system. An apprentice employee who temporarily suspended her healthcare training due to a heart attack therefore remained employed: according to the court, the condition of “exclusion from training” applied only to a permanent suspension, not to a temporary one for health reasons.
In the healthcare sector, apprenticeship agreements are frequently used: students are deployed during their training. Usually, there are two agreements—an apprenticeship agreement between the healthcare institution and the student, and a practical training agreement (institution, student, and training center). The apprenticeship agreement almost always includes a resolutive condition: the agreement automatically terminates if the student stops or is required to stop the training.
The case: training temporarily suspended after heart attack
In this case (ECLI:NL:RBOBR:2021:3259), a healthcare institution and a trainee employee entered into a fixed-term training employment contract with a resolutive condition in the event that she were excluded from further training. In February 2020, she suffered a heart attack and became completely incapacitated for work. Because her rehabilitation day coincided with the weekly training day, it was decided, in consultation with the training coordinator, to temporarily suspend the training; at the end of September, she withdrew from the program on his advice.
When she later resumed working hours but had not yet restarted the training, the institution argued that the dissolving condition had been met and the employment had ended — and thus no further payment of wages. The employee disputed this and demanded wages and a return to the workplace.
Limited interpretation of the resolutive condition
The subdistrict court ruled that the closed dismissal system entails that such resolutive conditions must be interpreted reasonably and therefore restrictively. This means that only a definitive termination of the training counts, not a temporary one for health reasons — especially since it was clear to everyone that she would resume the training later, and the training coordinator could have warned her.
The judge awarded the continued payment of wages. However, he ruled that the employee did not have to be admitted to the workplace as long as she had not resumed the training.
Frequently Asked Questions
Does a resolutive condition in an employment contract always take effect?
No. Due to the closed dismissal system, the judge interprets such conditions restrictively and accepts them only in exceptional circumstances. A temporary interruption is generally insufficient.
Does my apprenticeship contract end if I temporarily stop the training?
In principle not, if the discontinuation is temporary (for example, due to illness) and you resume the training later. Only a permanent discontinuation can trigger the dissolving condition.
Am I entitled to wages if the training is suspended?
In the event of a temporary interruption, the employment contract generally remains in effect, with entitlement to wages. However, a return to the workplace may depend on resuming the training.
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