Employer's Development Obligation in Utrecht
In Utrecht, the employer's development obligation requires employers to promote the career development of employees. This means providing concrete support for training and education, as codified in law since August 1, 2024. This is especially relevant for Utrecht residents in sectors like tech and healthcare, where employability is key.
What does the development obligation mean for employers in Utrecht?
The employer's development obligation ensures that employees in Utrecht keep their skills up to date. Employers in the city must proactively support personal growth, which is now a strict legal requirement rather than an option.
Specifically, employers in Utrecht must:
- Conduct an annual development discussion with the employee.
- Share overviews of training options from local providers such as Utrecht University of Applied Sciences or external courses.
- Facilitate participation in suitable training, unless it is unreasonable.
This rule applies to all contracts, including temporary ones longer than six months – ideal for flex workers in dynamic Utrecht.
Legal basis
Article 7:611a of the Dutch Civil Code (DCC), introduced by the Wet Arbeid Mobiliteitsscale (WAMS) effective August 1, 2024, forms the foundation. This strengthens prior rules under the Work and Security Act and promotes 'lifelong development'. In Utrecht, the District Court of Utrecht frequently addresses this in training disputes.
The Supreme Court (e.g., ECLI:NL:HR:2020:1163) already laid the groundwork for reasonable training obligations. Employees must also cooperate (Article 7:611a(3) DCC).
Rights and obligations
Your rights as an employee in Utrecht
- Annual discussion: At least one per year about your career path.
- Training information: Up-to-date list of internal and external options, including Utrecht initiatives.
- Support: Reimbursement of reasonable costs and time; study cost clauses are limited (see validity of study cost clauses).
- Dispute resolution: In case of non-compliance, you can litigate before the sub-district judge at the District Court of Utrecht.
Obligations of employer and employee
| Topic | Employer | Employee |
|---|---|---|
| Development discussion | Schedule and document | Contribute actively |
| Information | Provide proactively | Indicate needs |
| Training | Facilitate where reasonable | Embrace suitable options |
| Costs | Reimburse if relevant | Make realistic choices |
Refusal is possible if irrelevant to the role or excessively costly, as in Utrecht Municipality projects.
Utrecht practice examples
Example 1: Tech specialist
An IT professional at a Utrecht software company wants AI training (€2,000). The employer facilitates it with time off, fitting the local tech hub.
Example 2: Temp worker
A temp agency worker (9 months) in Utrecht healthcare requests an associate degree course. The employer discusses alternatives but refuses due to lack of job relevance.
Example 3: Dispute
A sales employee demands management training (€5,000). Upon refusal, the employee wins enforcement at the District Court of Utrecht, linked to dismissal law (dismissal law).
These cases illustrate the balance in Utrecht employment situations.
Link to study cost clauses
The obligation limits unreasonable study cost clauses (Article 7:611a DCC). More info: validity of study cost clauses.
Frequently asked questions
Must my Utrecht employer always pay the costs?
No, only for reasonable needs related to the job or growth. Refusals must be motivated.
Does this apply to temporary workers?
Yes, for contracts over six months; shorter ones require at least an information obligation.
What if the discussion doesn't happen?
Remind your employer and contact Het Juridisch Loket Utrecht for free advice, or proceed to the District Court of Utrecht.