It is not uncommon for an employer to invest in the development of employees by funding training. Sometimes this is linked to a study costs clause: an agreement that you must repay (part of) the study costs if you resign within a certain period after the training. But what are your rights and obligations in such a situation?
What is a study costs clause?
A study costs clause is an agreement between you and your employer stating that you must (partially) repay the costs of a training course if you leave employment within a certain period after the training. This is often used to prevent an employee from having to pay back the costs of a training course after a certain period., employer-funded, training leaves without the employer having benefited from the investment.
Conditions for a valid study costs clause
According to case law, a study costs clause must meet specific conditions to be valid:
- Is it necessary: This must concern training that is NOT necessary for the employee to perform the job.
- Reimbursement only in case of own dismissal: You only have to repay the costs if you resign yourself, unless otherwise agreed in writing.
- Clear agreements: The amount and the way it is calculated must be explicitly stated in the agreement. Before entering into the study costs agreement, the employee must know exactly what he/she must pay if the employee decides to terminate the employment contract.
- Sliding scale: There should be a phasing-out scheme: the longer you remain employed after the training, the less you have to pay back.
These conditions are intended to ensure reasonableness and to avoid disproportionate financial burdens on the employee.
What can you do in the event of a study costs clause?
Do you have a study costs clause and are you considering resigning? Check whether the clause meets the legal requirements and ask for advice if you have any doubts. In many cases, you can consult with your employer to make agreements, for example about waiving part of the costs.
A handy step-by-step plan on how to deal with this can be found on the website of The Legal Help Desk.
