Retraining can be a smart move to future-proof your career. But what if your employer sees things differently? Many employees aren’t sure exactly what their legal rights are and how best to approach the discussion. In this article, we provide a clear overview of your rights, the options available to your employer and the practical steps you can take.
What is reskilling, and when is it relevant?
Retraining involves learning new skills or undertaking a new course of study to qualify for a different profession or role. It differs from further training, which involves deepening your existing knowledge. Retraining is relevant when your current role changes, is at risk of being phased out, or when you deliberately wish to take your career in a different direction.
In practice, reskilling plays a role in a wide range of situations. These might include technological changes affecting your field, a reorganisation within your organisation, or a personal desire to try something new. Even if you find that your current skills are no longer a good fit with the direction your organisation is taking, reskilling is a logical next step. It is an investment in your own long-term employability, enabling you to adapt flexibly to a changing labour market.
Does an employee have a legal right to retraining?
There is no absolute legal right to retraining in the Netherlands. However, the Balanced Labour Market Act (WAB) and the Civil Code stipulate that employers have a duty of care regarding the development of their employees. Article 7:611a of the Civil Code obliges employers to enable employees to undertake training that is necessary for their role.
This duty of care has a clear limit: the employer is obliged to provide whatever is necessary to enable the employee to continue to perform their current role effectively. Retraining for a completely different profession is not automatically covered by this. Nevertheless, the law does allow for flexibility, particularly when a role undergoes structural changes or is at risk of being made redundant. In such cases, the employer may have a greater obligation to support retraining, particularly as an alternative to redundancy.
When is an employer allowed to refuse retraining?
An employer may refuse to provide retraining if the request has no demonstrable link to the employee’s current role or the organisation’s objectives, if the costs are disproportionate to the company’s interests, or if the requested training does not fit within the available training budget. The refusal must always be justified and reasonably substantiated.
Specifically, these are situations in which an employer may refuse a request:
- The retraining programme is not aligned with the organisation’s strategy or needs.
- The training is expensive, yet the employee leaves or retires shortly afterwards.
- There is no immediate need for these new skills in my current or future role.
- The employee has recently completed a similar training course at the employer’s expense.
An employer must not refuse a request without giving any reasons or on discriminatory grounds. If the refusal is linked to a reorganisation or the threat of redundancy, the court may rule that the employer has breached its duty to redeploy the employee.
What are your options if your employer refuses to provide retraining?
If your employer refuses to provide retraining, there are still several options available to you. You can seek funding yourself through the STAP budget (or successor schemes), use a personal training budget, or take out a loan to fund your training. In addition, the UWV offers support with retraining in certain situations, particularly where there is a risk of redundancy or unemployment.
In addition, there are the following specific options:
- Sectoral funds: Many sectors have their own R&D funds that finance training for employees, regardless of who their employer is.
- Collective agreement provisions: Check whether your collective agreement entitles you to an individual training budget or career advice.
- Meeting with HR or your line manager: Sometimes it helps to rephrase the request, emphasising the organisation’s interests.
- Mediator or confidential adviser: When a situation has reached an impasse, a neutral party can help to get the discussion back on track.
It is also worth noting that you are in a stronger position if you are facing redundancy. In that case, the employer is legally obliged to give serious consideration to redeployment, and retraining may form part of that.
How do you persuade an employer to fund retraining?
The most effective way to convince an employer is to present retraining as an investment in the organisation, not just in yourself. Show how the new skills align with the company’s strategic direction, what problem they solve and what benefits they bring to the organisation. A concrete proposal works better than an open-ended question.
Practical tips to give your request more weight:
- Make the link to organisational objectives explicit. Explain how your reskilling will contribute to the organisation’s future plans.
- Come up with a specific proposal. Please state the course, the cost, the duration and the expected outcome.
- Discuss a repayment plan. This reduces the risk for the employer and demonstrates your commitment.
- Highlight any available grants. If external funding is available, the employer’s contribution will be lower.
- Ask for a trial period or pilot scheme. A smaller first step makes it easier to get started.
A well-prepared application shows that you are serious and that you are thinking from the organisation’s perspective. This significantly increases the chances of a positive response.
What role does a career coach play in retraining?
A career coach helps you to clarify which direction is right for you, which retraining options make sense, and how best to approach the discussion with your employer. A coach doesn’t provide ready-made answers, but helps you to gain a clear understanding of your own talents, motivations and ambitions, so that you can make well-informed choices.
That’s valuable, because retraining is a big step. Without a good understanding of yourself, you run the risk of choosing a course that doesn’t suit you after all, or that takes you in the wrong direction. A career coach helps you minimise that risk by first asking the right questions: who are you, what are your skills, what do you want, and what does the job market require of you? With these insights, you can make an informed choice and approach your employer convincingly. Find out more about sustainable employability for employees and how you can take a proactive approach to your career? That insight forms the basis for every successful next step.
How we support retraining and career development
At Nieuwkans, we support employees who are at a crossroads in their careers. Whether you’re considering a career change, want to prepare for a meeting with your employer, or simply want to find out which direction is right for you, we’re here to support you through that process. Our approach is always tailored to your needs, because no two careers are the same.
What we can do for you, specifically:
- To provide insight into your natural talents and cognitive behavioural preferences using scientifically proven methods such as the BrainsFirst approach.
- To help you define a clear career path that reflects who you are and what the job market demands.
- To support you in discussing training and development with your employer.
- To guide you in making an informed choice about retraining that suits your ambitions and future prospects.
Want to know what we can do for you? Contact us and we’ll discuss together what the best next step is for you.