When can an employer reclaim training costs?


Questioner

Multiple courses/training done with my current employer, but for one training a study agreement has been drawn up with a repayment arrangement. New job and future employer will take over the costs of that training. Now I have also done other courses for which no study agreement was drawn up, which is why I did not report this to my new employer. Now my current employer refers to the personnel regulations and it states that you have to pay back studies with a sliding scale. The personnel regulations were drawn up later than I signed my employment contract. My employment contract does not mention anything about personnel regulations (I have never signed any personnel regulations either). My employment contract states that a study agreement is drawn up for studies (and that did not happen for a number of courses). Now my employer wants me to pay back all courses and my future employer only pays for the course for which a study agreement has been drawn up. Am I within my rights not to have to pay back the studies/courses for which no study agreement has been drawn up?

Lawyer

A study costs clause must be agreed in writing and the employee must be informed in advance of any (financial) consequences. You clearly indicate that this was not the case with the previous courses. In addition, you did not sign the staff regulations and these were not applicable at the time of following the previous courses/training. It is also important that it is clear in advance how any costs should be repaid. There must be a sliding scale (for example, the first year after the course so many % and the second year so many %). Based on the current information, there appears to be no grounds for reimbursement. You can contact me without obligation via my profile if you have any questions or wish to discuss the case/require legal assistance.

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