A recent judicial ruling brings sharp focus to the validity of study cost clauses in employment contracts. The central question at hand was whether these clauses aligned with the stipulated requirements in legal precedents and whether they could potentially be declared void under Article 7:611a of the Dutch Civil Code.

The case revolved around two employees, Employee 1 and Employee 2, who were compelled by their employer to undergo both internal and external training programs with attached study cost clauses. The court ruled that the study cost clauses did not meet the established requirements and could potentially be voided based on Article 7:611a of the Dutch Civil Code.

This judgment was reinforced by various factors, including the rapid succession of study agreements within a short timeframe. This raised the possibility that the employees might not have been fully aware of the financial consequences. Additionally, the court emphasized the mandatory nature of the training. This resulted in the decision that the employer should have offered this training free of charge in accordance with Article 7:611a. Consequently, the employer could not retrospectively recover costs through study cost clauses.

The ruling illustrates the dynamics of labor law and draws attention to the obligation of employers to properly inform employees about study cost clauses and mandatory training. It also underscores the necessity of seeking legal advice for intricate employment law matters.

Link to the ruling: https://uitspraken.rechtspraak.nl/#!/details?id=ECLI:NL:RBMNE:2023:3415

Facing similar issues? Feel free to get in touch with us!

Contact us