Employer's Development Obligation in Den Haag
The employer's development obligation requires employers in Den Haag to promote the career development of their staff. This involves providing information on training and education opportunities, as well as assistance in participating. Since August 1, 2024, this is explicitly laid down in law, specifically to keep Den Haag workers employable in a dynamic labor market with many government jobs.
Why this development obligation for employers in Den Haag?
In Den Haag, home to employers like the Municipality of Den Haag and international organizations, we recognize that continuous training is essential for career mobility. Employers must proactively contribute; it is no longer optional, but law.
The law specifically requires:
- An annual development discussion with the employee.
- Information on internal and external training options.
- Assistance in pursuing suitable courses, unless this is unreasonable.
This rule applies to all contracts, including temporary ones longer than six months – crucial for flex workers in Den Haag's staffing sector.
Legal basis in the Dutch Civil Code
Article 7:611a of the Dutch Civil Code governs the employer's development obligation, introduced via the Work and Mobility Balance Act (WAMS) on August 1, 2024. This builds on the Work and Security Act and promotes lifelong learning, with a focus on preventing dismissal issues.
Previously, severance payments applied upon dismissal, but now development takes center stage. Supreme Court rulings, such as ECLI:NL:HR:2020:1163, laid the foundation. Employees must also participate (Article 7:611a(3) Dutch Civil Code).
Rights and obligations regarding development
What are Den Haag employees entitled to?
- Annual discussion: At least once a year about your growth opportunities.
- Training information: Up-to-date list of internal and external options.
- Support: Reimbursement of reasonable costs and time, despite study cost clauses (see validity of study cost clauses).
- In case of dispute: Approach the District Court of Den Haag for enforcement. Start at the Juridisch Loket Den Haag for free advice.
Responsibilities of employer and employee
| Topic | Employer in Den Haag | Employee |
|---|---|---|
| Development discussion | Schedule and document | Contribute actively |
| Information | Share proactively | Indicate needs |
| Training | Facilitate where reasonable | Select realistic options |
| Costs | Reimburse for relevant training | Be cost-conscious |
Refusal is possible for irrelevant or excessively expensive training, such as non-job-related studies.
Examples from Den Haag practice
Example 1: IT specialist at government agency
An employee at a Den Haag department wants AI training (€2,000). The employer must facilitate this with leave, for improved employability.
Example 2: Temp worker
Flex worker (9 months) requests HBO course. Employer holds discussion, offers alternatives, but refuses non-work-related training.
Example 3: Dispute at District Court of Den Haag
Sales employee demands management training (€5,000). Upon refusal, employee wins at the district court; link to dismissal law is crucial. Consult Juridisch Loket Den Haag.
These cases illustrate the balance in Den Haag employment situations.
Link to study cost clauses
The obligation limits unreasonable study cost clauses (Article 7:611a Dutch Civil Code). More info: validity of study cost clauses.
FAQ on development obligation in Den Haag
Must my Den Haag employer always pay the costs?
No, only for reasonable, job-related training. Substantiate refusals in writing.
Does it apply to temporary workers?
Yes, for contracts >6 months. Shorter: information only. Seek advice at Juridisch Loket Den Haag.
What if the discussion doesn't happen?
Remind employer in writing. If lacking: go to District Court of Den Haag or Juridisch Loket Den Haag for help.