Employer's Development Obligation in Leiden
The employer's development obligation requires employers in Leiden to promote the career development of their employees. This means offering information on training and education opportunities and facilitating participation. Since 1 August 2024, this is explicitly set out in law, aimed at keeping Leiden residents employable in a dynamic labor market featuring universities and knowledge institutions such as Leiden University.
What does the development obligation mean for Leiden residents?
In Leiden, where many jobs are in education, healthcare, and high-tech, employers must contribute to the ongoing skills development of their staff. It is no longer a voluntary option but a strict legal requirement that goes beyond prior regulations.
The law specifically requires employers to:
- Hold an annual development discussion with the employee.
- Provide information on internal and external training options.
- Support relevant training, unless it would be unreasonable.
This obligation applies to all contracts, including temporary ones lasting longer than six months – crucial for flex workers in the Leiden region.
Legal basis
Article 7:611a of the Dutch Civil Code (DCC) has regulated this since 1 August 2024 under the Labour Mobility Scale Act (WAMS). It builds on the Work and Security Act (WWZ) and promotes lifelong learning. The Supreme Court (e.g., ECLI:NL:HR:2020:1163) established the groundwork for training obligations, now codified in law. Employees must also cooperate (paragraph 3).
Your rights and obligations regarding development
Rights as a Leiden resident
- Annual discussion: At least one per year about your growth.
- Training information: Proactive details on options, free or paid.
- Facilitation: Reimbursement of reasonable costs and time, unless a valid study cost clause applies (see study cost clause).
- Dispute resolution: In case of non-compliance, approach the District Court of Leiden; start with advice from Het Juridisch Loket Leiden.
Obligations overview
| Subject | Employer | Employee |
|---|---|---|
| Development discussion | Schedule and document | Participate actively |
| Information | Proactively share | Indicate needs |
| Training | Facilitate where reasonable | Choose suitable options |
| Costs | Reimburse if relevant | Reasonable expenses |
Refusal is permitted for irrelevant or excessively costly training (e.g., no connection to the Leiden role).
Examples from Leiden practice
Example 1: Researcher at Leiden University
An employee wants AI training (€2,000). The employer facilitates it with leave, aligning with the local knowledge economy.
Example 2: Flex worker in healthcare (LUMC)
On a 9-month contract, an employee requests an HBO program. The employer discusses alternatives and refuses if not job-related.
Example 3: Dispute at biotech firm
A sales employee wants a management course (€5,000). Upon refusal, the District Court of Leiden often rules in favor of the employee if it benefits their career. Link to dismissal law.
Impact on study cost clauses
The obligation limits strict clauses; they must be reasonable (art. 7:611a DCC). More info: study cost clause.
FAQ on development obligation in Leiden
Must the employer always cover costs?
No, only if reasonably necessary for the role or growth. Justify any refusal. Seek advice from Het Juridisch Loket Leiden.
Does it apply to temporary workers?
Yes, for >6 months; shorter contracts only require information. Relevant for Leiden's flex market.
No discussion scheduled?
Remind the employer in writing. If no response: contact Gemeente Leiden or Het Juridisch Loket Leiden for steps toward the District Court of Leiden.