Employer's Development Obligation in Tilburg
The employer's development obligation requires employers in Tilburg and surrounding areas to promote the career development of their staff. This means they must provide information on training and courses, and facilitate participation. Since August 1, 2024, this rule is explicitly set out in law, aimed at keeping Tilburg employees employable in a dynamic labor market with sectors like logistics and education.
What does the development obligation mean for employers in Tilburg?
This obligation acknowledges that employees in Tilburg need new skills throughout their careers to stay competitive, for example at local companies in the Port of Tilburg or firms linked to Tilburg University. Employers must now contribute to this, going beyond previous voluntary initiatives.
The law specifically requires employers to:
- Hold an annual discussion on the employee's personal development.
- Provide information on training options inside and outside the company.
- Facilitate suitable training, unless it is unreasonable to do so.
This duty applies to all contracts, including temporary ones longer than six months – vital for flex workers at Tilburg's staffing agencies.
Legal basis for Tilburg situations
The provision is set out in Article 7:611a of the Dutch Civil Code (DCC), introduced by the Work and Mobility Balance Act (WAMS) effective August 1, 2024. It builds on the Work and Security Act (WWZ) and promotes lifelong development. In Tilburg, it helps prevent dismissal issues, backed by Supreme Court rulings such as ECLI:NL:HR:2020:1163.
Both parties have duties: employees must cooperate actively (Article 7:611a(3) DCC). For disputes in Tilburg, contact the sub-district court at the District Court of Zeeland-West-Brabant in Breda or seek advice from the Juridisch Loket Tilburg.
Rights and obligations around development
Rights for employees in Tilburg
- Annual development discussion: At least once a year to discuss your growth opportunities.
- Training information: Proactive details on internal and external courses.
- Facilitation: Reimbursement of reasonable costs and time, unless limited by a valid study cost clause (validity of study cost clauses).
- Enforcement: In case of non-compliance, proceed to the District Court of Zeeland-West-Brabant (Breda) or start at the Juridisch Loket Tilburg.
Obligations of employer and employee
| Topic | Employer | Employee |
|---|---|---|
| Development discussion | Schedule and document | Participate actively |
| Information | Provide proactively | Indicate needs |
| Training | Facilitate where reasonable | Choose realistic options |
| Costs | Reimburse for relevant training | Act cost-consciously |
Refusal is allowed for irrelevant or excessively costly training, such as high investments without business benefit.
Tilburg practice examples
Example 1: Logistics employee
At a Tilburg logistics firm, a warehouse worker wants a forklift certificate (€1,500). The employer must arrange this with leave, fitting local port activities.
Example 2: Temp worker
A temp (9 months) at a Tilburg retailer requests retail training. Employer holds discussion, offers alternatives, but may refuse if unrelated to the role.
Example 3: Dispute
An employee at the Municipality of Tilburg wants a management course (€4,000). On refusal, the employee wins at the sub-district court in Breda, linked to dismissal law.
These cases illustrate the balance in Tilburg employment relationships.
Link to study cost clauses
The obligation limits unreasonable study cost clauses (Article 7:611a DCC). See validity of study cost clauses for details.
Frequently asked questions on development obligation in Tilburg
Must my Tilburg employer always pay the costs?
No, only for reasonable, job-related training. Refusals must be justified.
Does this apply to temporary workers in Tilburg?
Yes, for contracts over 6 months; shorter ones require information only.
What if my employer does not schedule a discussion?
Remind in writing and involve the Juridisch Loket Tilburg or go to the District Court of Zeeland-West-Brabant (Breda) for enforcement.