Employment Education Contract

As an employer, it may well be in your interest to hire an inexperienced employee, whom you may want to train or educate yourself. Be it internally or externally. However, you will want to avoid your newly trained employees to jump ship with their recently acquired knowledge and use it for the benefit of another employer or even, in an enterprising capacity, for themselves. It's not said that an employee is under any obligation to reimburse the employer for educational costs upon termination of his employment with that employer. It is neither said that the employer is entitled to settle these costs as part of the final settlement.

An employer may choose to include either a reimbursement scheme in the employment contract or opt to conclude with the employee a separate employment education contract. The Supreme Court has specified certain requirements to such an employment education contract and / or a such a reimbursement scheme. Such a reimbursement scheme must be equitable and fair, to name one of these requirements. It must also be worded in such a way that the employee can understand its consequences.

In the event that the clause does not meet the requirements set by the Supreme Court, the court may decide to render the employment education contract or the reimbursement scheme null and void.

Fruytier Lawyers in Business specializes in drafting an employment education contract or reimbursement scheme. We can also advise and assist you in case of any dispute regarding an education employment contract or reimbursement scheme. Please contact Mr. M. van Westendorp, Mrs. B.J.C. Boogers-de Haan or Mr. N.Ch. Ellens for any questions/legal issues you may have regarding an employment education contract or reimbursement scheme.

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