De Unie in action
The legal specialists of De Unie assist you during various differences of opinion and conflicts in the workplace. To make it clearer what exactly you can do with us, we highlight a true situation every month. We describe the member's question, tell us what De Unie has done to resolve the situation and share the outcome. In this edition: repaying your study costs, while you leave employment shortly after the training.
The problem
Our member wanted to leave her employer. Her job at the time no longer suited her, and there was no suitable new position within the organization – that was the conclusion she and her employer had already drawn together. Only: she was busy with an education. In the study agreement she had agreed that she would have to repay a large part of the study costs if she resigned. She wanted to know if she could get out of this. She approached for this De Unie.
The principle
Sometimes it is mandatory to follow a course to continue doing your job. In that case, your employer pays the costs and you can follow the training during working hours. Is the training compulsory? Then it is customary to draw up a study agreement. Your employer and you record all agreements about the training: when you follow it, for example, but also who pays. In many cases, your employer pays, but there is a repayment arrangement under certain conditions. This is also known as a study costs clause.
Such a study costs clause is only valid if the following is included:
- you only have to repay if you resign yourself
- the period in which your employer benefits from the training you are following
- the amount to be repaid
- a sliding scale with amounts to be reimbursed: the longer your employer can benefit from your acquired knowledge or skills, the less you have to reimburse
This has De Unie done
First, we checked the study costs clause. If that did not meet the legal requirements, our member would not have had to make a refund. The clause was correct. Since our member signed the agreement, she was actually stuck with the refund. Nevertheless, we advised to consult with her employer: perhaps it was possible to make mutual agreements. The training had been completed, but it was a good thing that her employer knew that she would not be staying for long.
Solution
The conversation ended well for our member. She has agreed with her employer that she does not have to pay anything, despite the fact that she herself resigns.
Need help from our legal specialists?
Not every situation is the same. Therefore, please contact us directly: our legal specialists will be happy to assist you. For example, before you sign the study agreement: we can point out unfavorable agreements. Our Service Center can be reached every working day from 8.30:17.00 am to XNUMX:XNUMX pm via sc@unie.nl en 0345 851 963.
