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Since the implementation of the EU Directive on Transparent and Predictable Working Conditions (effective from August 1, 2022 in Dutch law), you may no longer use a study cost clause for mandatory training courses necessary for the position: these must be offered free of charge and during working hours. A study cost clause is still permitted for non-mandatory training. The difficulty lies in determining when a course is “mandatory”.
Directive (EU) 2019/1152 on transparent and predictable working conditions had to be transposed into Dutch law by 1 August 2022 at the latest, and has now been. One of the most important consequences for employers concerns training and the study cost clause.
What does a study cost clause do?
Employers have long been required to allow employees to attend necessary training and courses at their own expense, and sometimes to provide additional or retraining if a position is at risk of becoming redundant. Additionally, employers were permitted to include a study cost clause in an employment contract , collective labor agreement, or separate study agreement . This ensures that the employee remains employed for a minimum period after the study; if they leave earlier, they repay a portion of the costs. In this way, a balance is sought: employees remain employed for a while after expensive training, and employers remain willing to invest in training.
No more tuition fee clause for mandatory courses
The most important change: you may no longer apply a study cost clause for mandatory training courses necessary for the position. Such courses must be offered free of charge and during working hours, and the time counts as working time. This prohibition does not apply to non-mandatory training courses.
In practice, it is difficult to determine what is mandatory; the necessity of the training plays a role. A clear example of necessary training is the professional training of a trainee lawyer: a three-year program to become a fully qualified lawyer, which easily costs around 11,000 euros. Previously, an employer could use a study cost clause to prevent the legal professional from leaving for another firm immediately after obtaining their diploma; this is no longer possible for such mandatory training.
In many other cases, it is less clear whether training is necessary, and there is still relatively little case law on the subject. Therefore, have a clause carefully reviewed.
Frequently Asked Questions
Am I still allowed to use a study costs clause?
For non-mandatory training courses, yes, provided the strict conditions are met. For mandatory training courses necessary for the position, no longer: these must be free of charge and conducted during working hours.
What is a “mandatory” course?
Training that is necessary to perform the position or that the employer is required to offer by law or through a collective labor agreement. The definition is not always clear; have this assessed on a case-by-case basis.
Do my study agreements need to be adjusted?
Possibly. Clauses regarding mandatory training can no longer be enforced. Have existing employment contracts, collective labor agreements, and study agreements reviewed.
Have your study cost clause checked
The rules regarding training and the study cost clause have been tightened. The employment law specialists at MKB Juristen review your clauses and draft a valid study agreement . View our expertise in employment law or schedule an intake interview .
