Employer's Development Obligation in Rotterdam
The employer's development obligation requires employers in Rotterdam to promote their employees' career development. This involves providing information on training and courses, along with assistance in participating. Since 1 August 2024, this is explicitly enshrined in law to keep Rotterdam residents employable in our dynamic city, with its port, logistics, and tech sectors.
Why this development obligation for employers in Rotterdam?
In Rotterdam, where jobs in the port, IT, and trade are changing rapidly, employees must update their skills to stay competitive. Employers now have a legal duty to contribute. It's no longer optional—it's a strict requirement.
The law specifically requires employers to:
- Hold an annual development discussion with the employee.
- Provide information on internal and external training options, such as at local ROCs or universities in Rotterdam.
- Offer support for relevant courses, unless this would be unreasonable.
This rule applies to all contracts, including temporary ones longer than six months—crucial for flex workers in Rotterdam's staffing market.
Legal basis: Article 7:611a DCC for Rotterdam residents
The employer's development obligation is set out in Article 7:611a of the Dutch Civil Code (DCC), introduced on 1 August 2024 under the Labour Mobility Scale Act (WAMS). This builds on the Work and Security Act (WWZ) and promotes lifelong learning, tailored to Rotterdam's labour market transitions.
Previously, there were transition payments; now the focus is on prevention during employment. The Supreme Court (ECLI:NL:HR:2020:1163) laid the groundwork for training obligations, now codified. Employees must also participate actively (Article 7:611a(3) DCC).
Your rights and obligations under the development obligation in Rotterdam
Rights as an employee in Rotterdam
- Annual discussion: At least once a year about your growth.
- Training information: Active referral to courses, free or paid.
- Support: Reimbursement of reasonable costs and time, unless a valid study cost clause applies (validity of study cost clauses).
- Resolving disputes: In case of non-compliance, go to the sub-district court at the Rotterdam District Court or start at Juridisch Loket Rotterdam.
Obligations of employer and employee
| Topic | Employer in Rotterdam | Employee |
|---|---|---|
| Development discussion | Schedule and document it | Contribute actively |
| Information | Provide on local options | Indicate needs |
| Training | Facilitate where reasonable | Select realistic options |
| Costs | Reimburse job-related ones | Be cost-conscious |
Refusal is allowed for irrelevant or excessively costly training (e.g., not suited to port work).
Practical examples from Rotterdam
Example 1: IT specialist in Rotterdam port logistics
A programmer at a Rotterdam shipping company requests AI training (€2,000). The employer facilitates it with leave, as it enhances employability.
Example 2: Temp worker at Rotterdam staffing agency
A temp on a 9-month contract wants an HBO logistics course. A discussion is mandatory, but refusal is fine if not job-related.
Example 3: Dispute with Rotterdam retail worker
A sales assistant in the Lijnbaan wants a management course (€5,000). If refused: go to Rotterdam District Court, which can order compliance. Link to dismissal law.
This balances interests in the Rotterdam context.
Link to study cost clauses
The obligation limits study cost clauses; repayment upon leaving must be reasonable (Article 7:611a DCC). Check validity of study cost clauses.
FAQ on development obligation in Rotterdam
Does my employer always have to pay for training costs?
No, only reasonable costs for the role or growth. They must justify refusal. Seek advice from Juridisch Loket Rotterdam.
Does this apply to temporary workers too?
Yes, for contracts over six months. Shorter: information only.
What if my employer doesn't schedule the discussion?
Remind them in writing. No action? Go to Juridisch Loket Rotterdam or Rotterdam District Court for enforcement.