Study Costs Clause in Rijswijk
A study costs clause stipulates that an employee must repay the costs of training upon early termination of employment.
Conditions for Validity
A study costs clause is only legally valid if the following criteria are met:
- It is recorded in writing in an agreement
- The costs to be repaid are specifically named
- The repayment period is reasonable
- A graduated repayment scale is included
Graduated Repayment Scale
It is customary for the repayment obligation to decrease annually after completion of the training, for example by 20% per year worked.
Dismissal by Employer
If the employer initiates the dismissal, the employee cannot in most cases be obliged to repay study costs.
Judicial Review
Courts, including the District Court of The Hague, under which Rijswijk falls, are increasingly scrutinizing study costs clauses more strictly and may adjust or declare them invalid if they are unreasonable.
Legal basis: Directive on transparent working conditions, relevant case law
Frequently Asked Questions about Study Costs in Rijswijk
When is a study costs clause binding?
The clause is binding if it is agreed in writing, the costs are clearly specified, the repayment period is fair, and a graduated scale is present. Without these elements, a court may declare it invalid.
Am I obliged to repay if dismissed by my employer?
No, generally you do not have to repay study costs if your employer dismisses you, except in exceptional circumstances such as gross negligence. Consult a lawyer via, for example, the Juridisch Loket Rijswijk for advice.
How does a graduated scale work?
A graduated scale means that your obligation to repay costs decreases each year after the training. For example: for a cost of €5,000, you pay €4,000 after 1 year, €3,000 after 2 years, and so on.
What to do with an unfair study costs clause?
You can submit the clause to the court, for example at the District Court of The Hague. The court may moderate or declare the clause invalid. Contact the Juridisch Loket Rijswijk for support.
Do clauses apply to self-chosen studies?
No, normally study costs clauses only apply to training prescribed by the employer or directly relevant to your job. Self-chosen studies are excluded, unless otherwise agreed.