Introduction
Employers regularly invest in the development of their staff, for example by reimbursing them for education, courses or training. But what happens to these study costs if an employee resigns of his or her own accord? Can the employer then reclaim these costs? The law has clear rules on this, and not every study automatically leads to a repayment obligation. This blog explains when reimbursement is at issue and what the conditions are for a valid study agreement.
Repaying study expenses: not always required
A common misconception is that an employee must always repay study expenses upon leaving. However, this is only the case if two conditions are met:
- The training was not mandatory.
- A clear and legally valid study agreement was entered into.
Without such an agreement or if the training is considered mandatory, the possibility of recovery is lost.
Mandatory training: no repayment obligation
By law, an employee does not have to reimburse expenses for training required to perform the job. These include:
- Training required by law, such as for professional registrations.
- Training necessary to perform the work properly and safely.
Examples include professional training for lawyers or a course for working with new business systems. In such cases, the obligation for training falls entirely on the employer. Even if the parties have agreed otherwise, the employee can fall back on this.
Study agreement: written agreements are required
When training is not mandatory, an employer can reclaim study expenses only if a written study agreement is in place. This agreement must meet a number of legal requirements:
- Time period: the period during which reimbursement can be required should be clear.
- Sliding scale: the longer the employee remains employed after completion of the study, the less he has to repay. For example: when leaving within one year 100%, after two years 50%, and so on.
If one of these components is missing, the court may rule that the study expense clause is invalid. In that case, the employee is not obligated to pay anything back, even if he leaves shortly after training.
Importance for employee and employer
For employees, it is important to check carefully in advance:
- Was the training mandatory for performing the work?
- Has a written study agreement been signed?
- Do I still meet the repayment schedule or has the period now expired?
For employers, drafting a correct and legally tenable study agreement prevents misunderstandings and legal proceedings. In practice, study expense clauses are regularly declared invalid because they do not meet legal requirements.
Conclusion
Refunding study expenses is only an issue for non-compulsory courses and with a proper written agreement. Employers should carefully formulate their study agreements and employees should know their rights before agreeing to repayment. Clarity up front prevents problems later.
This blog was written by mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs and employees on a daily basis with a variety of employment law issues. From dismissal cases to drafting watertight contracts and regulations - with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about study expenses. Please feel free to get in touch .
April 2025
