Employer's Development Obligation in Delft
The employer's development obligation requires employers in Delft to promote the career development of their employees. This involves providing information on training courses and education, and facilitating participation. Since 1 August 2024, this obligation has been enshrined in law, specifically to keep Delft residents employable in the local job market, which features significant innovation from TU Delft and tech companies.
What does the development obligation mean for Delft residents?
In Delft, where the knowledge economy thrives, employers must contribute to the continuous skills development of their employees. It is no longer optional but a strict legal requirement that goes beyond previous voluntary measures.
The law specifically requires employers to:
- Hold an annual development discussion with the employee.
- Provide information on training opportunities both within and outside the company.
- Support suitable training, unless this is not reasonable.
This rule applies to all contracts, including temporary ones longer than six months – crucial for flex workers in Delft sectors such as engineering.
Legal basis
The employer's development obligation is laid down in Article 7:611a of the Dutch Civil Code, introduced on 1 August 2024 via the Labour Mobility Scale Act (WAMS). This builds on the Work and Security Act and promotes lifelong development. The Supreme Court (e.g., ECLI:NL:HR:2020:1163) previously laid the groundwork for training obligations, now codified in law.
Both parties must cooperate: the employer facilitates, and the employee engages (Article 7:611a(3) Dutch Civil Code).
Rights and obligations
Rights for employees in Delft
- Annual discussion: At least one per year about your growth.
- Training information: Proactive details on internal and external options.
- Support: Reimbursement of reasonable costs and time, unless limited by a valid study cost clause (validity of study cost clauses).
- Dispute resolution: In case of non-compliance, you can approach the subdistrict court at the District Court of The Hague. Seek advice first from the Legal Aid Office Delft.
Obligations of employer and employee
| Topic | Employer | Employee |
|---|---|---|
| Development discussion | Schedule and document | Participate actively |
| Information | Share proactively | Indicate needs |
| Training | Facilitate where reasonable | Accept realistic proposals |
| Costs | Reimburse if relevant | Choose cost-consciously |
Refusal is possible for irrelevant or excessively costly training, such as that not suited to the Delft role.
Practical examples from Delft
Example 1: Tech employee
At a Delft startup near TU Delft, an AI developer requests a €2,000 course. The employer must facilitate this with leave, to enhance employability.
Example 2: Flex worker
A temp worker (9 months) at a local engineering firm wants to pursue an HBO degree. The employer holds a discussion, offers alternatives, but may refuse if not relevant.
Example 3: Dispute
A sales employee at a Delft company wants management training (€5,000). Upon refusal, the subdistrict court at the District Court of The Hague often rules in favor of compliance. See dismissal law.
These cases balance interests in the Delft context.
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.
Frequently asked questions
Must my employer always pay the costs?
No, only if reasonably necessary for the role or growth in Delft. Refusal must be justified; check with the Legal Aid Office Delft.
Does this apply to temporary workers?
Yes, for contracts longer than 6 months. Shorter: information only. Contact the Municipality of Delft or Legal Aid Office for local advice.
What if my employer does not schedule a discussion?
Remind in writing and involve the Legal Aid Office Delft or proceed to the District Court of The Hague.