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Arbeidsrecht

Study Cost Clause in Leiden: What You Need to Know

A study cost clause requires employees in Leiden to repay training costs upon early departure. Read here the conditions and what your rights are.

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Study Cost Clause in Leiden

A study cost clause stipulates that an employee must repay training costs upon premature termination of employment.

Conditions for Validity

A study cost clause is legally valid when:

  • It is recorded in writing
  • The costs to be repaid are specifically named
  • The repayment period is reasonable
  • A graduated repayment scale is included

Graduated Scale

Often it is agreed that the repayment obligation decreases per year after the training, for example by 20% per year worked.

Dismissal by Employer

If the employer takes the initiative for dismissal, the employee usually does not have to repay study costs.

Current Case Law

Courts in Leiden and surrounding areas are increasingly scrutinizing study cost clauses more strictly and may adjust or declare them invalid if unreasonable.

Legal Basis: EU directives on employment conditions, local case law

Frequently Asked Questions about Study Cost Clauses

When is a study cost clause binding?

The clause is binding if it is agreed in writing, the costs are clearly specified, the repayment period is fair, and a graduated scale is present. Otherwise, a court may declare it invalid.

Am I required to repay upon dismissal by my employer?

In principle, no. If your employer dismisses you, you are usually exempt from repayment, unless you have been seriously negligent yourself. Consult a lawyer in Leiden for advice.

How does a graduated scale work exactly?

With a graduated scale, your repayment obligation decreases the longer you continue working after the training. For example: for costs of €5,000, after one year you repay €3,750.

What if I am imposed an unreasonable clause?

You can submit the clause to the court in Leiden. If it is too burdensome, the judge can adjust or annul it. An employment law attorney can assist you.

Do these clauses also apply to self-chosen studies?

No, they usually only apply to training that your employer requires or funds. For studies in your own time without agreement, you are generally not liable.

Local Information: For legal advice, you can go to the Juridisch Loket Leiden, Stationsweg 46. Disputes are often handled by the Rechtbank Den Haag, Leiden location.