Employer's Development Obligation in Zoetermeer
The employer's development obligation requires employers in Zoetermeer to promote the career development of their staff. This means they must provide information on training courses and enable participation. As of 1 August 2024, this requirement is explicitly set out in law, specifically to keep Zoetermeer residents employable on the local labour market.
What does the development obligation mean for employers in Zoetermeer?
This employer's development obligation recognises that employees in Zoetermeer need to update their skills to remain competitive, for example at local tech companies or the municipality. Employers are now required to contribute to this, beyond mere good intentions.
In practice, the employer must:
- Hold a development discussion with the employee each year.
- Share overviews of training options both within and outside the company.
- Assist with suitable training, unless this is not feasible.
This rule applies to all contracts, including temporary positions longer than six months – crucial for flex workers in Zoetermeer.
Legal basis in Zoetermeer
The employer's development obligation is laid down in Article 7:611a of the Dutch Civil Code (BW), introduced by the Labour Mobility Act (WAMS) on 1 August 2024. This builds on the Work and Security Act (WWZ) and promotes lifelong learning, relevant to Zoetermeer's dynamic economy.
Previously, rules on transition payments applied, but the focus is now on proactive training during employment. Supreme Court rulings, such as ECLI:NL:HR:2020:1163, form the foundation. Employees must also participate (Article 7:611a(3) BW).
Rights and obligations regarding development
Your rights as an employee in Zoetermeer
- Annual discussion: You are entitled to discuss your growth at least once a year.
- Information on training: The employer must inform you about internal and external options, free or paid.
- Support: Costs and time for reasonable training are covered, unless a valid study cost clause applies (see validity of study cost clauses).
- Resolving disputes: In case of non-compliance, you can take legal action at the District Court of Zoetermeer. Contact Het Juridisch Loket Zoetermeer for free advice.
Obligations of employer and employee
| Topic | Employer | Employee |
|---|---|---|
| Development discussion | Schedule and document | Contribute actively |
| Information | Provide proactively | Express wishes |
| Enable training | Facilitate where reasonable | Select realistic options |
| Costs | Reimburse for job-related | Select efficiently |
Refusal is permitted for irrelevant or excessively costly training, such as high costs without business benefit.
Examples from Zoetermeer practice
Example 1: IT specialist
A programmer at a Zoetermeer IT company wants AI training (€2,000). The employer must arrange this with leave, to improve employability.
Example 2: Temporary worker
A temp worker (9 months) in Zoetermeer requests an HBO course. The employer holds a discussion, offers alternatives, but may refuse if not relevant.
Example 3: Conflict
A sales employee wants management training (€5,000). If refused, the case goes to the District Court of Zoetermeer, which may order compliance for career growth. See dismissal law.
These cases illustrate the balance in the employer's development obligation.
Link to study cost clauses
The obligation limits strict study cost clauses; repayment upon leaving must be proportionate (Article 7:611a BW). More info: validity of study cost clauses.
Frequently asked questions about the development obligation in Zoetermeer
Must my employer always pay for training?
No, only for reasonable needs related to the role or career. Refusals must be justified; check with Het Juridisch Loket Zoetermeer.
Does this apply to temporary jobs?
Yes, from six months onwards. Shorter contracts require only information.
What if the development discussion does not take place?
Remind your employer in writing. If they persist: go to the District Court of Zoetermeer or Het Juridisch Loket Zoetermeer for assistance.