Questioner
I have currently accepted an offer from another office, which means I will have a new employer within 2 months!
I have a student loan with my current employer. However, I wonder whether and to what extent this can be recovered from me. I have never signed a study agreement in which amounts or 'depreciation percentages' are mentioned. My contract refers to the general terms and conditions that also apply. In short, this states that the employer will stipulate as a condition for the reimbursement of study costs that the employee signs a study agreement drawn up by the employer.
I have never seen or signed such a study agreement.
Am I obliged to pay back these study costs (3500-4000)? And if they oblige me to pay back the costs, what is the procedure? Do I have to hire a lawyer?
Lawyer
If nothing has been recorded, it will be difficult for your employer to recover the student debt from you. If you are nevertheless called upon to do so, it certainly seems advisable to have a lawyer look at your position. I can help you with that if desired.
Lawyer
There can only be a student debt if your employer has lent you the costs of your studies. There can only be a loan if that has been agreed. It is up to your employer to prove that they have granted you a student loan and that you have accepted it.
In addition, there is settled case law that your employer cannot demand that you repay the entire student loan at the end of your employment if your employer has benefited from this by performing your work.
If your employer is trying to recover your student debt, it is wise to seek advice. I am happy to help you.
