Agreements about pursuing training can be recorded in a so-called study agreement. This document describes the specific arrangements regarding the study. But what should you include?
To reach sound and legally sustainable agreements, it is important to first determine whether there are specific rules or agreements that you must take into account. For example, some collective bargaining agreements contain provisions regarding study costs or study arrangements that you are then obligated to apply.
Furthermore, it is important to make clear agreements in advance about the conditions under which an employee may pursue a study. Do training days count as working time? And may homework for training be completed during working hours or not? And then, of course, the costs. Are these entirely at the employer’s expense, or must the employee also allocate their own budget? And what about travel costs to the training location and costs of (re)examinations?
Repayment of study costs
Furthermore, most study agreements contain a clause regarding the repayment of study costs by the employee to the employer if the employee leaves employment during or shortly after the study.
Such a study cost clause is permitted, but must meet certain conditions. The study cost clause must specify how long an employer believes the employee should apply their newly acquired knowledge for the company. It must also state that the employee must repay the study costs if the employment relationship ends during or immediately after the study period according to a ‘sliding scale’. The amount the employee must repay must decrease proportionally each year until nothing more needs to be repaid.
It is naturally always important to properly inform employees about the consequences of the agreements you make with them. But this applies especially to the study cost clause. The employer must inform the employee in advance about the consequences of the obligation to repay study costs.
Do you have questions about a study agreement or drafting one? Please contact one of our experienced attorneys.
