A study costs clause is an agreement that an employee repays training costs in whole or in part if they leave within a defined period. Since the European directive on transparent and predictable working conditions was implemented, the scope for such clauses has narrowed considerably.
Legal basis
Article 7:611a of the Dutch Civil Code requires the employer to enable the employee to follow training necessary for their role. Paragraph 2, introduced on 1 August 2022, provides that training the employer must offer under statute or a collective agreement is free of charge, that the time spent counts as working time and that it takes place during working hours where possible. A study costs clause for such compulsory training is void. For other courses a clause remains possible, provided it meets the criteria from Muller/Van Opzeeland: a clearly defined period during which the employer benefits from the training, a repayment obligation that decreases proportionately over that period, and clarity for the employee in advance about the financial consequences.
How it works in practice
The first question is whether the training is compulsory. Training required by the Working Conditions Act, by a professional requirement or by the collective agreement falls within the prohibition. An MBA or a course unrelated to the role generally does not. It is also wise to include a clause under which repayment lapses where the employment ends through the employer’s doing.
Where it goes wrong
Employers use an old template with a fixed amount over three years and no tapering; that fails. A second error is recovering the cost of compulsory training, which has not been possible since 2022. Third, set-off against the final settlement is applied without a basis, producing a wage claim.
Related terms
The clause connects to the non-compete clause, the settlement agreement and the unilateral variation clause.
Is repayment being demanded from you? Our employment lawyers test the clause.
