How much do I have to pay back for my education if I am dismissed?

Questioner

I want to resign from my current employer. My contract states that this means that I have to pay back 75% in the first year after completing my education. I spent a total of 3 years on the education, which amounts to €8,100. The education cost €3,600 per year. In my opinion, this is a lot and I wonder if this is correct. I would like more clarity about this before I take the next step.

Lawyer

For this, it is important to know how the provision is worded exactly (do you only reimburse study costs, or also wage costs from during the training?). A study costs provision must be reasonable and correct. In addition, it must comply with a number of rules because a study costs provision is burdensome for the employee. When did you complete the training? It is not always sufficient that it is stated in a contract. You usually also have to be specifically informed in advance (also of the risks). The employer must prove that the clause meets the conditions and that you have agreed to it. If the tuition fees are incorrect, you may have a point (if this can be demonstrated). Please feel free to contact me if you have any questions or if you require legal assistance.

Questioner

I started the training on 01/01/2019 and completed it in December last year. The costs for this training, which normally takes 1.5 years, are €3600 per year. I assume that I only have to pay back the tuition fees, so no salary costs. Furthermore, I have read that the tuition fees are settled with the final settlement, which must leave the statutory minimum wage. Since I now earn €2900 gross per month, does this mean that the amount to be repaid remains limited? As far as I know, I only have to deal with salary and accrued holiday pay in the final settlement (leave hours not taken into account).

Lawyer

A study costs clause must be very clear. It must also be determined how long the employer benefits from the training. Uncertainty usually comes to the employer. The reimbursement may not be higher than the actual costs (which must therefore be known). In the event of settlement, the minimum wage must remain. Then there may still be a claim that the employer wants to recover from you (remaining study costs). When large amounts are involved, it may be necessary for the amounts to be known in advance. For example, the Limburg court ruled that the study costs did not have to be repaid because the financial burdens were not specifically known to the employee in advance. (https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:RBLIM:2021:413). If you did not know exactly what you would have to pay back, the clause may be invalid. Much will depend on the exact wording of the clause and what you were told/known.