How do I object to tuition fees after a temporary contract has not been extended?

Questioner

The past year I have been working as an ICT trainee at a large company. At the beginning of the year it was determined what the employer expected of me: namely a commitment from the teacher at the time, obtaining a specific certificate, and a valuable asset within the team where I would be assigned. Upon successful completion of all three of these points, I would be offered a permanent contract. Although I tried very hard, I unfortunately did not succeed in obtaining the certificate in time and in their eyes I am not a good fit for the team (the last two points). That is why they will not extend my temporary contract, while I would have liked to stay employed. Now they also asked for the reimbursement of the study costs that were determined at the beginning of the year (€15,000). According to the employment contract that I signed at the time, they also see the insufficient study results as 'dismissal due to one's own fault or actions'. However, I found online that the reimbursement of study costs can only be made mandatory if the employee resigns himself. My question is whether I am indeed obliged to repay those study costs and, if not, how I can best object to this. Thank you in advance for your time and feedback!

Lawyer

It differs per case, a study costs clause in a temporary contract is not prohibited. The question of whether the recovery of the study costs is reasonable and fair is important in these cases. In case law, employees often rely on article 7:611 BW. This article is about good employers. In the case of a temporary contract, there are more requirements that must be met because there is a greater chance that a contract will not be extended. For example, it must be explicitly pointed out the possible consequences, that following the study can lead to a refund, what the exact costs are, etc. It is also questionable whether it is reasonable to expect the certificate to be obtained in 1 year. You can send a letter to the employer stating that you do not agree with the refund and stating your reasons. If you cannot reach an agreement, the judge can provide a solution. If you wish, you can also contact me without obligation to see if I can help you further.

Lawyer

What is important is whether there is anything in writing about the repayment? If not, then that is not necessary. If so, then it depends on the circumstances of the case. Given your outline of the case, I give you a good chance of success if you refuse repayment of the study costs.