The labour market is changing rapidly. Jobs are disappearing, new skills are in demand, and employers are looking for ways to ensure their teams are future-proof. In this context, the topic of reskilling is coming up more and more often, both in discussions between employers and employees and in legal and HR circles. But what can an employer actually expect of you when it comes to retraining? And what are your rights?
In this article, we answer the most frequently asked questions about reskilling in the workplace. Whether you’re expecting a meeting with your line manager or simply want to know where you stand, you’ll find clear answers here.
What is meant by on-the-job retraining?
On-the-job retraining means that an employee acquires new skills, knowledge or a different specialism in order to take on a different role, either within the same organisation or with another employer. It goes further than further training: retraining involves taking a more definitive step towards something new.
Reskilling can take various forms. This might include undertaking a course, completing an in-house training programme or taking part in an intensive career development programme. The aim is always the same: to ensure that you, as an employee, remain employable, even if your current role changes or is made redundant. Retraining is therefore an important tool for sustainable employability for employees in a labour market that is constantly changing.
Can an employer make retraining compulsory?
Yes, an employer may make retraining compulsory in certain situations, but only under specific conditions. This is enshrined in law in Article 7:611a of the Civil Code, which states that an employer is obliged to provide training where this is necessary for the performance of the role or where the role ceases to exist due to business circumstances.
In practical terms, this means that an employer can require you to undertake retraining if:
- your current role changes significantly as a result of technological or organisational changes;
- there is a threat of redundancy and retraining offers an alternative to another suitable post;
- it can reasonably be expected of you to undertake the retraining, given your background and circumstances.
Important: in principle, the employer bears the costs of compulsory training. Furthermore, the time you spend on compulsory training must not be at the expense of your free time. These are firm legal principles that protect you as an employee.
What are your rights as an employee when it comes to retraining?
As an employee, you have clear rights when it comes to retraining. The training must be reasonable, the costs are to be borne by the employer, and the time spent on compulsory training is regarded as working time. Furthermore, a clause regarding study costs may not be imposed in the case of compulsory training.
As well as these legal rights, you also have the right to have a say in the process. You know your own strengths, ambitions and limits best. A good reskilling programme takes into account who you are and what suits you best. You have the right to discuss the content, duration and expectations surrounding the reskilling programme. Be proactive in these discussions and ask questions if anything is unclear.
What is the difference between retraining and the ‘second track’ programme?
Reskilling and the ‘second track’ may seem similar, but they are fundamentally different. Reskilling focuses on learning new skills so that you can take on a different or adapted role, often within the same organisation. The ‘second track’ is a reintegration programme specifically designed for situations where an employee, due to illness or incapacity for work, is no longer able to return to their own role or remain with their current employer.
In a ‘second track’ programme, you work with a specialist agency to find suitable work outside your current organisation. This programme is a legal requirement if reintegration with your current employer is not possible. Retraining may form part of a ‘second track’ programme, but the ‘second track’ is broader in scope: it also includes career guidance, job application support and personal coaching to help you make a fresh start in the labour market.
What if you don’t agree with the retraining?
If you disagree with the proposed retraining, the first and most important piece of advice is: have a discussion about it. Make it clear why the retraining isn’t right for you, whether that’s because of the content, the timing or the feasibility. An employer is obliged to take your situation into account and must not impose unreasonable demands.
If you cannot resolve the matter between yourselves, further steps may be taken:
- Ask the HR department or a trusted person to mediate.
- Consult a trade union or legal adviser if you think your rights are being infringed.
- Ask a career coach or outplacement agency for a second opinion.
- Consider mediation if the conflict escalates.
If you refuse to undertake retraining without a valid reason, this may have legal consequences, particularly if the retraining is necessary for you to retain your job. You should therefore ensure that you provide sound grounds for your objections and set them out in writing.
How can you remain employable in the long term in a changing labour market?
Staying employable in the long term starts with self-awareness: knowing who you are, what you’re capable of and what you want. If you have a clear understanding of these things, you can proactively anticipate changes rather than reacting to them. Retraining is then not something that just happens to you, but a conscious choice that you help to shape yourself.
Practical steps you can take to remain employable in the long term:
- Identify your talents and cognitive behavioural preferences, for example through scientifically validated talent assessments.
- Keep up to date with trends and developments in your field and the wider labour market.
- Hold regular career reviews with your line manager to discuss your future within the organisation.
- Actively invest in new skills, even if it doesn’t seem immediately necessary.
- Seek guidance from a career coach if you find yourself stuck or lacking direction.
The great thing is: you have far more influence over your own future than you might think. By making informed choices and taking action in good time, you can significantly improve your prospects in the job market.
How Nieuwkans helps you with retraining and long-term employability
At Nieuwkans, we believe that everyone can shape their own future. Retraining doesn’t have to be something that just happens to you; it can be a positive turning point in your career. We offer personalised support that is fully tailored to who you are and what you need. Never a one-size-fits-all approach – always bespoke.
What we can do for you:
- Gain an understanding of your talents and strengths through scientifically proven methods, such as the BrainsFirst approach.
- Personalised career guidance tailored to your specific situation and ambitions.
- Support for retraining and alternative career pathways, from initial guidance through to implementation.
- Interactive sessions on sustainable employability, now and in the future.
- Support in redefining your career goals and taking concrete steps.
Would you like to know which step suits you best? Contact us and find out how we can help you take the next step in your career with confidence.