Netherlands Employment Law Update: Statement of the Week: “Is the Study Agreement Null and Void?”

For a year now, the possibility of agreeing a study agreement with the employee has been subject to restrictions. An agreement between an employer and employee to reimburse study costs is null and void if the employer, on the basis of the law or collective labor agreement, is obliged to offer the training to the employee. The training must then be ‘necessary for the performance of the function’. The European Directive shows that the obligation does not apply to ‘vocational training or training that employees are obliged to follow in order to obtain, maintain or renew a professional qualification’, unless the employer must offer the training on the basis of the law or collective labour agreement.

An interesting issue was between Better Hearing and an employee. The employee will start at Beter Horen on 1 March 2018 and the parties will conclude a study agreement for the two-year training to become a skilled hearing care professional. The employee undertakes a repayment obligation if he leaves Beter Horen within 3 years after completion of the study.

The debate that arises is whether the training falls within the scope of a vocational training or professional qualification. If that is the case, the employer would still be allowed to conclude a study agreement. The training is not mandatory on the basis of the law or collective labor agreement. The debate is whether this only applies to training for professions listed in an annex to the European Professional Qualifications Directive. Are you still following it?

The judge states that this is not the case. The annex was drawn up for a different purpose and the court held that the legislature did not intend to include only that list of professions in the exception of the prohibition on concluding a study contract. The court ruled that the training to become a hearing care professional leads to an MBO title. According to the judge, there is training to obtain a professional qualification. The study agreement was therefore not (!) null and void.

A technical ruling, which seems to extend the possibility for employers to enter into a study contract if it is linked to training to obtain a professional qualification.

For the profession: I am curious about your thoughts, whether you (dis)agree with this statement.

You can read the full ruling here

By Hocker, Netherlands, a Transatlantic Law International Affiliated Firm. 

For further information or for any assistance please contact netherlandslabor@transatlanticlaw.com

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