Business

Training and staff: will the study costs clause be abolished as of August 1, 2022?

Published

9 months ago

January 4, 2023

Final exams are over for most high school students this month. This also marks the end of a period of knowledge development at government expense. What happens when a student enters the labor market after secondary school and starts working for you: do you have a training obligation as an employer? Who pays for the costs of training during employment? And is it possible to make agreements with your employees about the (re)payment of study costs?

The observant reader will recognize the beginning of my blog from a year ago about the study costs clause in the above text. At that time we knew that due to European regulations new legislation was coming as of August 1, 2022, but we did not yet know what the law would read. We now know more, because on July 6, the new law was published in the Official Gazette!

Act implementing EU directive on transparent and predictable employment conditions

With the aforementioned law, new employment law rules have been added in the Netherlands. The law applies from 1 August 2022. A number of the new rules concern the study costs clause. But what will actually change?

Restriction for employers to recover study costs from employees

Section 7:611a of the Dutch Civil Code deals with your training obligation as an employer. As of 1 August 2022, a number of paragraphs will be added to this section of the law, on the basis of which you – in short – must offer your employees the legally required training in the context of their own position free of charge .

And if you have a legal obligation to offer training free of charge, you may not recover the costs from your employee afterwards. Not even when your employee leaves the company. Agreements about the repayment of those specific training costs, for example in a study costs clause, are no longer valid from 1 August 2022. This also applies to study costs stipulations agreed before 1 August 2022. Is this cause for panic now? No, don’t worry.

The vast majority of existing study cost clauses or study cost agreements will remain valid, even after August 1, 2022. Of course, the criteria for a valid study cost clause, as set out in my previous blog , must be met . From August 1, 2022, it is no longer permitted to recover training costs from an employee for training courses that you are obliged to offer by law or collective labor agreement (CAO).

Which training courses must an employer offer?

Unfortunately, there is no register (yet) in which all training courses are listed that you are obliged to offer to your employees. According to the legislator, this will usually involve training in the field of safety and working conditions. In the latter case, it is about keeping track of professional competence. It is therefore important for you as an employer to check in the short term whether there is a (concrete and explicit) obligation under a law or collective agreement to offer training to your employees.

I note, however, that you are not obliged to offer your employees full vocational training for a regulated profession free of charge. Regulated professions are professions such as a gas measurement expert, a crane operator, a sworn interpreter and a physiotherapist. The list of regulated professions is laid down in an appendix to a ministerial regulation . For the costs of vocational training for one of these professions, you can still agree a valid study costs clause with certainty.

What about the costs of vocational training for a profession that is not included in the annex? Is a study costs clause that has already been made no longer valid? Can you no longer agree on a valid study cost clause for the costs of such a course? In my opinion, existing agreements are still valid and you can also agree on a valid study costs clause or study costs agreement for those courses. Unless there is a legal obligation for you as an employer to offer your employees full vocational training. As far as I know, this doesn’t happen very often (yet).

Study costs clause or study costs agreement from August 1, 2022?

Not as far as I’m concerned. As an employer, you can also agree on a valid study costs clause or study costs agreement after 1 August 2022, unless it concerns training courses that you, as an employer, are obliged to offer to your employees by law and/or collective agreement.

Other changes pursuant to the EU Directive on Transparent and Predictable Employment Conditions Implementation Act

In addition, as of August 1, 2022, a so-called ‘ancillary activities clause’ in the employment contract is no longer always tenable. From that date, you as an employer cannot simply prohibit your employee from performing other activities in addition to their work at your company. The ancillary activities clause must be justified on the basis of an objective reason. A direct adjustment of the ancillary activities clause in your model employment contract is not necessary, but be aware of the requirement of justification.

Finally, the new law also extends your information obligation (further). Because of this extensive information obligation and other regular changes in employment law, I advise you to have your models checked periodically! This prevents surprises and therefore unnecessary costs. Do you have questions about your specific situation and the possibilities? Feel free to contact us. We think in terms of the best solutions.

Business

The Effects of Spatial Computing

Published

2 weeks ago

September 20, 2023

Adam T

Computer-generated reality is having a growing impact on our lives each year through the use of augmented reality and virtual reality, which are examples of spatial computing. The technology is relatively small, such as the AR/MR smart glasses with OE Z-Lens, Apple Vision Pro, and Meta Quest 2, but they provide great opportunities for users to interface in 3D with near-to-eye display technology.

From gaming to education, spatial computing improves the way we experience the world around us. The use of this technology means business calls can be made holographically from anywhere in the world, games are able to be accessed through the metaverse, education can become more hands-on, and healthcare is able to be further catered to people’s unique needs. And there is still much more to come!

In the current state of spatial computing, near-to-eye displays are replacing various phone functions other than calling.This is mainly being done through AR glasses, which use reflective waveguides to project images toward the eye and offer benefits like extended battery life, better brightness, and a greater field of view. Spatial computing is having significant effects on how we work and play, with new advancements expected to create more changes in the near future.

Spatial Computing: The Future of Work and Play

Business

Cybersecurity Solutions to Implement in 2024

Published

2 weeks ago

September 19, 2023

Adam T

Black computer screen with green numbers

As we embrace the digital future, the cybersecurity landscape continues to evolve at a rapid pace. With new threats emerging every day, businesses must stay ahead of the game by implementing robust and efficient cybersecurity solutions.

As we peek into the horizon of 2024, here are some top-notch strategies that every business should consider to maintain a secure and resilient digital infrastructure.

Invest in a Comprehensive Threat Detection System

The first step to take is to invest in threat detection technologies that can quickly identify suspicious activities. This should include malware and ransomware protection, application vulnerability scanning, and regular patching. Additionally, consider deploying an intrusion prevention system (IPS) to combat more sophisticated threats like zero-day attacks.

Train Employees in Cybersecurity Best Practices

No matter how good your technical solutions are, they will be rendered useless if employees fail to adhere to best practices. Make sure that everyone in the organization is aware of the risks and knows what steps to take when handling sensitive information. Additionally, creates a culture of security by incentivizing staff to follow cybersecurity protocols.

Utilize Cloud Computing

Cloud computing is quickly becoming one of the most popular ways to store and manage data. Not only does it provide flexibility and scalability, but you can also take advantage of advanced security features like encryption, access control, and multi-factor authentication.

Furthermore, cloud providers are always on the lookout for new threats and have a team of security professionals on hand to respond quickly if something goes wrong.

Implement Automated Network Monitoring and Logging

Automation can be a great help when it comes to network monitoring and logging. By setting up automated processes, you can ensure that all logs are automatically collected and analyzed in real-time.

This will allow you to quickly identify any suspicious activities and take corrective action. Additionally, consider using machine learning algorithms to detect anomalies that may not be detected by traditional methods.

Use Password Management Tools

One of the most basic steps to take when it comes to cybersecurity is implementing strong passwords and changing them regularly.

To make this process easier, you can use password management tools like LastPass or 1Password which let you securely store passwords and access them quickly when needed. Additionally, consider enabling two-factor authentication to add an extra layer of security.

Leverage Encryption Technologies

Encryption is one of the most powerful tools when it comes to data protection. By encrypting sensitive information, you can make sure that even if it falls into the wrong hands, it will remain unreadable. There are various encryption technologies available and you should choose one that best fits your needs.

These are just a few strategies that you can implement in 2024 to keep your digital infrastructure secure and resilient. However, the key takeaway here is that cybersecurity is constantly evolving and becoming more complex.

As such, businesses must stay up to date and invest in solutions that are tailored to their specific needs. With the right tools and strategies in place, you can ensure a secure future for your business.

Business

How Professional Construction Management Can Make Your Project Better

Published

4 weeks ago

September 6, 2023

Adam T

Construction projects are complex and require many different skills to work together in order to be successful. By leveraging the expertise of a professional construction manager, your project will benefit from their insight into the industry, knowledge of regulations and codes, experience with suppliers and contractors, and ability to manage budgets. Professional construction management offers a number of benefits that can help ensure your project is completed on-time and within budget. Here are a few,

Guidance on best practices and processes

By taking advantage of their expertise in the industry, they can provide guidance on best practices and processes that will make the most efficient use of resources. They can also offer insight into potential problem areas that could impact the timeline of the project and provide guidance on how to steer clear of them.

They can also help you make sure that all regulations and codes are properly followed. They will have a thorough understanding of applicable laws and requirements, as well as an understanding of local ordinances that must be observed. This ensures compliance with both state and federal regulations, which can save your project from costly delays or fines.

Professional experience working with suppliers and contractors

In addition to their expertise in regulations, professional construction managers also have experience working with suppliers and contractors. This can save time when it comes to selecting a contractor for the job and negotiating prices with potential vendors. By leveraging their knowledge of the industry, they will be able to provide useful information on who has competitive prices and who can deliver on-time.Finally, professional construction management can help manage the financial aspects of the project.

A construction manager will be able to track costs and make sure that all expenses are accounted for. They can provide guidance on which materials or services are necessary and ensure that all bills are paid on time. This helps reduce the risk of unexpected costs or delays due to unpaid bills.

Quick and Efficient

By taking advantage of professional construction management, your project can be completed quickly, efficiently and on-budget. With their expertise in the industry, understanding of regulations and codes, experience with suppliers and contractors, and ability to manage budgets, a professional construction manager can make sure that your project is a success.

Construction projects are expensive endeavors and it’s important to make sure that your money is well spent. By investing in professional construction management, you can ensure that your project is completed on-time and within budget. The expertise of a professional construction manager will be an invaluable asset to you and your company, so don’t hesitate to take advantage of their services.

Your Project deserves the best attention and care

By utilizing the expertise of a professional construction manager, your project will be completed on-time and within budget. Don’t neglect this important step in ensuring success; make sure to hire a trustworthy and experienced construction manager for your next project. Remember that investing in the services of a professional construction management company is an investment in the future of your project.