Decision of 23 April 2015, laying down rules on the conditions under which costs may be deducted from the transition fee (Decree on terms and conditions),
We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Social Affairs and Employment of 2 February 2015, No 2015 -0000017190;
Having regard to Article 673, 6th paragraph, of Book 7 of the Civil Code ;
Hearing the Council of State's opinion (opinion of 12 March 2015, No W12.15.0020/III),
Having regard to the further report of our Minister of Social Affairs and Employment of 21 April 2015, No 2015 -0000102258;
Have found good and understand:
For the purposes of this Decision, the following definitions shall apply:
b. Transition costs: the costs specified in: Article 673, 6th paragraph, part a, of Book 7 of the Civil Code ;
b. Employability costs: the costs specified in: article 673, sixth member, part b, of Book 7 of the Civil Code .
1 Transition costs and charges of employability may be deducted from the transition fee, if these costs:
a. have been created after these charges are specified and notified in writing to the employee;
b. have been made after the employee has agreed to deduct the specified costs;
c. incurred by the employer who is due to the transition fee for the benefit of the employee to whom the transition fee is due;
d. do not affect the worker's wages;
(e) be reasonably proportionate to the purpose for which those costs were incurred;
f. to be or to be made during or after the period over which the transition fee is calculated;
g. not to be recovered from a third party; and
h. may not be recovered from the employee.
2 The first paragraph, part b, shall not apply where the employer is required to incur the costs on the basis of agreements between the employer or associations of employers and employees or of employees ' associations.
Employability costs may be deducted from the transition fee, if these costs:
a. have been created for activities aimed at promoting the employability of the worker outside the employer's organisation, unless the knowledge and skills acquired have been used to perform a function with the employer; and
b. were incurred in the five-year period prior to the day on which the transition fee is due, unless employer and employee have agreed otherwise in writing.
1 Employability costs related to a training referred to in the second paragraph may be deducted from the transition fee only if the contract of employment has been entered into to allow the employee to receive that training. after completion of such training, or after an interim period of such training, or no interval of more than six months, shall continue.
2 In the first paragraph, the following shall be understood as:
a. A training course as part of an occupational accompanying learning path as defined in Article 7.2.2 of the Education and Vocational Education Act ;
b. a dual course of training as intended Article 7.7 of the Law on Higher Education and Scientific Research ; or
c. Training which can only be followed if a contract of employment has been entered into.
3 The costs referred to in paragraph 1 may be deducted only from the part of the transition allowance, which is built up during the period in which the training was followed.
Transitional costs consisting of the employer ' s costs associated with taking over a longer than the statutory or previously agreed notice period may, in derogation from Article 2, first paragraph, part d , to be deducted from the transition fee, if the employee is exempt from the provision of employment during this term.
This Decision is cited as: Terms and conditions of deduction of charges for the reimbursement of the transition allowance.
This Decision shall enter into force with effect from 1 July 2015.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
Wassenaar, 23 April 2015
The Minister for Social Affairs and Employment,
L.F. AsscherPublished the 11th of May 2015
The Minister for Security and Justice,
G.A. van der Steur