Emma, 32, decided to leave her employer because her position no longer suited her. Just before she wanted to leave, she had completed a training course that her employer had paid for. The study agreement stated that she would have to repay a large part of the costs if she left employment shortly after the course. She wanted to know if that was lawful.
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How study cost schemes work
If an employer invests in your education, this can have benefits for your development and the organization. Sometimes, the employer and employee record agreements in a study cost clause. With this, they agree that you will pay a portion of the costs incurred. must repay costs if you terminate your employment within a certain period after the completion of the training.
Such clauses are only valid if they meet clear conditions. The agreements must be recorded in writing, the amount must be clear, and there must be a sliding scale (The longer you stay, the less you pay back.) and repayment often only applies if you resign yourself.
Compulsory or non-compulsory education
It matters whether the training was mandatory for your position. If the training was mandatory by law or collective labor agreement, the employer may not recover the costs from you. In law and case law, this is considered mandatory training that the employer must offer free of charge.
For non-compulsory courses, you can enter into a study cost clause and, in some cases, be required to repay study costs. However, even then, the study cost clause must be legally valid and reasonable; otherwise, it cannot be enforced.
How do De Unie helped
De Unie first checked whether Emma's study cost clause met the legal requirements. Because the agreement was validly signed and met the conditions, Emma was in principle obliged to repay the costs. Nevertheless, advised De Unie to ask her to enter into a dialogue with her employer. That yielded results: the employer and employee agreed that she did not have to repay any study allowance.
What does this mean for you
Do you want to know what happens to study costs if you leave employment shortly after completing a course? Always check:
- whether there is a study cost clause and what it states;
- whether the training was mandatory for your position or not;
- whether the agreements are clearly and reasonably drafted.
Is it unclear whether the clause is valid, or do you think it is unreasonable? Then seek assistance from a lawyer or trade union to have your situation assessed.
