Repaying relocation costs or study costs in the Netherlands

When you leave your Dutch employer, you only have to repay relocation costs, a sign-on bonus or study costs if you clearly agreed to this in writing and the clause is reasonable in your situation. The key exception: since 1 August 2022, costs of training your employer must provide by law or under a collective labour agreement (cao) can never be charged back to you, under Article 7:611a of the Dutch Civil Code (BW).

Many international employees sign contracts with repayment clauses when they move to the Netherlands. Whether such a clause holds up depends on its wording, the type of cost, the time you worked for the employer and who ended the contract and why. This page explains the rules and what both sides can check.

Table of contents

What makes a repayment clause valid?

A repayment clause must be agreed before the costs are made, and it must be clear and specific. In practice, courts expect a written clause that you signed and that states the amount or how it is calculated.

Look for these elements in the clause:

the type of cost covered, such as relocation, a sign-on bonus or a specific course;
the maximum amount, or a clear method to calculate it;
the period during which repayment applies, often 12 to 36 months;
a sliding scale that reduces the amount over time;
the situations in which repayment applies, for example only if you resign.

A vague clause such as “costs may be reclaimed” gives the employer a weak position. Unclear wording is generally interpreted against the party that drafted it, usually the employer.

When can your employer reclaim study costs?

An employer can only reclaim study costs through a valid study costs clause (studiekostenbeding), and never for training it is obliged to provide by law or cao. Article 7:611a(2) BW requires the employer to pay those costs, to count the training time as working time and, where possible, to offer the training during working hours.

Since 1 August 2022, a clause that charges these mandatory training costs to you is void. This also applies to clauses agreed before that date. Article 7:611a(1) BW further requires your employer to enable training that is necessary for your job. Whether a clause for that type of training is valid is less clear, and courts look closely at the circumstances.

For other training, such as an MBA you chose yourself, a study costs clause remains possible. Courts usually require that the clause:

was agreed in writing before the training started;
states the costs or how they are calculated;
reduces the amount proportionally over time;
does not apply if the employer ends the contract for reasons outside your control.

A cao may contain its own rules on study costs. Those rules take precedence over the individual contract where they give you more protection.

Do you have to repay relocation costs or a sign-on bonus?

Only if your contract contains a clear repayment clause and applying it is reasonable. There is no specific statutory article for these clawbacks, so they are contractual arrangements tested against general principles.

Two principles apply. Under Article 7:611 BW, your employer must act as a good employer (goed werkgeverschap). Under Article 6:248(2) BW, a clause does not apply to the extent this would be unacceptable by standards of reasonableness and fairness (redelijkheid en billijkheid). Courts look at factors such as:

the size of the amount compared to your salary;
how long you worked for the employer before leaving;
whether the costs actually benefited you, or mainly the employer;
whether the clause was explained to you in a language you understand.

An example to illustrate: your employer paid EUR 6,000 relocation costs and the clause reduces repayment by one twelfth per month over 12 months. If you resign after 8 months, the clause points to EUR 2,000. Whether that amount is actually due still depends on the factors above.

Why does a sliding scale matter?

A sliding scale (afbouwregeling) reduces the amount you must repay the longer you stay. Without one, a repayment clause is more likely to be considered unreasonable.

The idea is that the employer recovers its investment through your work over time. A clause requiring full repayment after 23 months of a 24-month period is hard to justify. Courts can reduce or set aside the claim in such cases on the basis of Article 6:248(2) BW.

Does it matter who ended the employment contract and why?

Yes. It often decides whether repayment is due. If you resign on your own initiative, a valid clause generally applies.

The position changes if your employer ends the contract, for example after a reorganisation or a UWV dismissal procedure. Courts often consider repayment unreasonable when the reason for leaving lies with the employer. The same can apply if you resign because of serious culpable conduct by the employer. If a fixed-term employment contract ends and the employer does not renew it, a clause that still requires repayment deserves close scrutiny. Many well-drafted clauses therefore only apply if you resign or are dismissed for urgent reasons (dringende reden) under Article 7:678 BW.

Can your employer deduct the amount from your final salary?

Only within strict limits. Article 7:632 BW restricts which claims an employer may set off against your wages, and it generally allows more room once the contract has ended.

Even then, your employer may not set off so much that you receive less than the statutory minimum wage and minimum holiday allowance for that month, under the Minimum Wage and Minimum Holiday Allowance Act (WML). If an employer deducts too much, it may owe the shortfall plus a statutory increase of up to 50% under Article 7:625 BW. Check your final payslip (eindafrekening) for deductions and ask for a breakdown if anything is unclear. Unused holiday hours must also be paid out under Article 7:641 BW.

How do you deal with repayment in a settlement agreement?

If your employment ends by mutual consent, the repayment question belongs in the settlement agreement (vaststellingsovereenkomst). You can agree that the employer waives repayment or that a reduced amount applies.

Do not rely on a general final discharge clause (finale kwijting) alone. It is clearer to state explicitly whether the relocation costs, sign-on bonus and study costs must be repaid. Under Article 7:670b BW, you can dissolve a settlement agreement in writing within 14 days of signing without giving reasons. More on the choice between routes is on our page about a settlement agreement versus a UWV dismissal.

What about the tax side, such as the 30% ruling?

Repaying relocation costs or a bonus can have tax consequences, for example for your wage tax or the 30% ruling (30%-regeling). These questions fall outside employment law and belong with a tax adviser.

We focus on the employment law side: whether the clause is valid and how much is due. For general background, see our page on the 30% ruling in the Netherlands, and ask a tax adviser about your specific situation.

What should you check as an employee?

Find the exact repayment clause in your contract, offer letter, relocation policy or training agreement.
Check whether you signed the clause before the costs were made.
Check whether the training was required by law or your cao, which makes repayment impossible under Article 7:611a BW.
Check whether the clause has a sliding scale and calculate the amount on your leaving date.
Check who ended the contract and whether the clause covers that situation.
Compare your final payslip with the WML minimum before accepting any deduction.

What should you check as an employer?

Put every repayment clause in writing and have it signed before you pay or book the costs.
State the amount, the period and a monthly or yearly sliding scale.
Check whether the training is mandatory under law or cao, in which case you bear the costs under Article 7:611a BW.
Limit the clause to resignation by the employee or dismissal for an urgent reason.
Provide the clause in a language the employee understands, such as English.
Keep any set-off against final wages above the WML minimum and Article 7:632 BW limits.

What can we do for you with repaying relocation costs, a sign-on bonus or study costs?

Assess whether the repayment clause in your contract or training agreement is valid.
Calculate the amount due on the basis of the sliding scale and your leaving date.
Review deductions on your final payslip against Article 7:632 BW and the WML.
Negotiate repayment terms as part of a settlement agreement.
Draft or review repayment and study costs clauses for employers, through our employment lawyers.

Summary

Repayment is only possible with a clear, written clause agreed before the costs were made.
Since 1 August 2022, costs of training required by law or cao cannot be charged to you (Article 7:611a BW).
Relocation and sign-on clawbacks are tested against good employership and reasonableness (Articles 7:611 and 6:248 BW).
A sliding scale and the reason for leaving often decide how much, if anything, is due.
Set-off against your final salary may not take you below the statutory minimum wage.

Frequently asked questions

Do I have to repay my sign-on bonus if I am dismissed?

Not automatically. If the employer ends the contract for reasons outside your control, courts often consider repayment unreasonable under Article 6:248(2) BW.

Is a repayment clause in an offer letter enough?

It can be, if you signed the offer letter and the clause is clear about the amount and the period. A clause only found in an unsigned policy is weaker.

Can my employer reclaim the costs of a language course?

That depends on whether the course was required for your job or by law or cao. Training required by law or cao cannot be charged to you under Article 7:611a BW.