Invalid study costs clause: training costs for apprentice refrigeration technicians remain the responsibility of the employer
Hanneke Klinckhamers 9 Jan 2025

Invalid study costs clause: training costs for apprentice refrigeration technicians remain the responsibility of the employer

This is the ruling of the judge of the District Court of Overijssel in a case in which the employer had wrongly charged the training costs of EUR 9,172.32 for the Refrigeration Technology training to his former employee. According to the court, the study costs agreement regarding reimbursement is null and void, since the course is considered as compulsory training that the employer must offer free of charge. How does that work exactly? 

Necessary training
Since 1 August 2022, employers must offer all training necessary for the performance of the job by the employee free of charge and during working hours. Necessary training is training that is mandatory under European law, national law or collective bargaining agreement. In the Netherlands, there is a statutory general training obligation on the basis of which the employer must enable the employee to follow the training necessary for the performance of the job. A study agreement or study costs clause, which enables the employer to recover the study costs of compulsory training from the employee, is null and void. 

Regulated professions under the European Professional Qualifications Directive 
Employers do not have to pay the costs of necessary training or training that employees are obliged to follow in order to obtain, maintain or renew a professional qualification, as long as the employer is not obliged to offer this vocational training under European law, national law or a collective agreement.

Summary proceedings judgment 
According to the court, the employer may not charge the employee for the costs of the Refrigeration training and the study costs clause, which included a reimbursement scheme, is null and void. The court determines that, under European legislation, the employee must hold the so-called F-gas certificate in order to perform the duties of a refrigeration technician. No exception has been made for the apprentice refrigeration mechanic. The certificate is therefore necessary to be able to perform the job and the employer must enable the employee to follow the training in order to obtain the certificate. According to the court, the exception for professional qualification does not apply in this case, because the employer is obliged to offer the training under national law. The study costs clause is therefore null and void, according to the court. The training costs recovered on this basis remain at the expense of the employer.

Tips for employers
The statutory training obligation has a broad scope of application. It is therefore useful for employers to check whether existing study clauses or study agreements comply with current legislation. Do you have doubts about this or do you have questions about whether or not there is necessary training? Email us at: info@vanbladeladvocaten.nl