Employer's Development Obligation in Amsterdam
The employer's development obligation requires employers in Amsterdam to promote employees' career development. This means they must provide information on training and courses, and facilitate participation. Since 1 August 2024, this is explicitly set out in law, specifically to keep Amsterdammers employable in a vibrant job market full of startups and flexible roles.
Why this development obligation for employers in Amsterdam?
In Amsterdam's dynamic economy, with sectors like tech, creative industries, and hospitality, employees must continually sharpen their skills to stay competitive. Employers are now legally required to contribute, beyond just ad hoc initiatives.
The law specifically requires employers to:
- Hold an annual development discussion with the employee.
- Provide information on internal and external training options.
- Support relevant training, unless it is unreasonable to do so.
This rule applies to all contracts, including temporary ones longer than six months – crucial for Amsterdam's many flex workers.
Legal basis
The employer's development obligation is codified in Article 7:611a of the Dutch Civil Code (BW), introduced on 1 August 2024 via the Labour Mobility Scale Act (WAMS). This strengthens the Act on Improving the Position of Flexible Workers and promotes lifelong learning, complementing the transition guidance from the Work and Security Act (WWZ).
Previously, there were already reimbursements upon dismissal, but now the focus is on prevention during employment. Supreme Court rulings, such as ECLI:NL:HR:2020:1163, laid the groundwork for this codification. Employees must also cooperate (Article 7:611a(3) BW).
Rights and obligations regarding the development obligation
What rights do Amsterdammers have as employees?
- Annual discussion: At least once a year about your growth.
- Information on training: Overview of internal and external options, free or paid.
- Support: Reimbursement of costs and time off for suitable training, unless a valid study cost clause applies (see validity of study cost clauses).
- Resolving disputes: Approach the Amsterdam District Court or Amsterdam Legal Aid Office in case of non-compliance.
Obligations of employer and employee
| Topic | Employer | Employee |
|---|---|---|
| Development discussion | Schedule and document | Actively participate and share ideas |
| Information | Proactively provide | Indicate needs |
| Facilitate training | Reasonably enable | Embrace realistic proposals |
| Costs | Reimburse if relevant | Choose affordable options |
Refusal is possible for irrelevant or excessively costly training, such as high expenses without business benefit.
Amsterdam practice examples
Example 1: Tech employee on the Zuidas
A developer at an Amsterdam tech firm wants to upskill in AI (€2,000 course). The employer must arrange this with time off, given demand in the local IT sector.
Example 2: Flex worker in hospitality
A temp worker (9 months) at an Amsterdam café wants an HBO course. The employer holds a discussion, offers alternatives, but may refuse if not relevant.
Example 3: Dispute with retail employee
A sales assistant on the Kalverstraat seeks management training (€5,000). Upon refusal, she wins at the Amsterdam District Court, linked to career development. See dismissal law.
These cases illustrate the balance in Amsterdam employment relationships.
Link to study cost clauses
The obligation limits unreasonable study cost clauses (Article 7:611a BW). Repayment upon leaving must be fair. More info: validity of study cost clauses.
Frequently asked questions about the development obligation in Amsterdam
Does my employer always have to pay for training costs?
No, only if reasonably necessary for the role or growth. Substantiate refusals. Seek advice from the Amsterdam Legal Aid Office.
Does this apply to temporary workers too?
Yes, for contracts >6 months. Shorter ones: information only. Relevant for Amsterdam's flex market.
What if my employer doesn't schedule the discussion?
Remind in writing and involve the Municipality of Amsterdam or Amsterdam District Court to enforce it.