Do You Have to Repay Study Costs After Resigning?
Introduction
Employers often invest in the development of their staff by covering training, courses or education costs. But what happens if you decide to resign? Can your employer claim those study costs back? Dutch law sets clear rules and not every course automatically leads to a repayment obligation. This article explains when repayment may apply and what conditions a valid study agreement must meet.
Repaying study costs: not always required
A common misconception is that employees must always repay training costs when they leave a job. In reality, repayment is only allowed if two conditions are met:
The training was not mandatory.
A clear and legally valid study agreement was signed.
If there’s no such agreement, or the training was considered mandatory, then the employer cannot recover the costs.
Mandatory training: no repayment obligation
Under Dutch law, employees do not have to repay costs for training that is required to perform their job. This includes:
Legally required training, such as certifications for regulated professions.
Training necessary to perform the work properly and safely.
For example, a professional development program for lawyers or a course on using a new company system would be fully paid by the employer. Even if other agreements were made, the employee can still rely on the law.
Study agreement: written terms required
If the training is not mandatory, the employer can only demand repayment if a written agreement is in place. This agreement must meet specific legal requirements:
Duration: It must clearly state the time period during which repayment can be requested.
Sliding scale: The longer the employee stays after completing the training, the less they have to repay. For example, 100% within one year, 50% after two years, and so on.
If one of these elements is missing, a court may declare the repayment clause invalid. In that case, the employee is not required to pay anything back — even if they leave shortly after the training.
What does this mean for employees and employers?
For employees, it's important to ask:
Was the training mandatory for my job?
Did I sign a written study agreement?
Am I still within the repayment period?
For employers, having a legally valid study agreement helps prevent disputes. In practice, courts regularly void repayment clauses because they do not meet legal standards.
Conclusion
Employees only have to repay study costs if the training was non-mandatory and a correct written agreement was signed. Employers should draft their study agreements with care, and employees should know their rights before agreeing to repayment. Clear agreements upfront prevent legal problems later.
This blog was written by Mr. Stijn Blom
Employment law attorney at expatlawyer.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight agreements and regulations – with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn’s page.
Expatlawyer.nl is happy to think along with you if you have questions about the topic of study costs or repayment clauses? Feel free to get in touch.
June 2025
