When calculating redundancy pay, can your employer deduct training costs?

May your employer deduct training costs from the transition payment?

Under certain conditions, an employer may deduct training costs from the transition payment. Below you can read the rules and how to safeguard your rights.

If you are dismissed, you are in most cases entitled to a transition payment. But what if your employer wishes to deduct training costs from that amount? Whether you simply have to accept this depends on strict statutory rules. Below you can read exactly how this works.

How the transition payment is calculated in 2026

De hoogte van de transition payment is determined by two factors: the length of the employment relationship and the level of the gross monthly salary. The basic rule is straightforward: you accrue one third of a gross monthly salary for each full year of service, from the very first working day. For any remaining months or individual days, the payment is calculated on a pro-rata basis.

In 2026 a statutory maximum of €102,000 gross applies. If you earn more than that per year, your maximum payment equals one gross annual salary. This maximum is indexed annually on the basis of contractual wage developments; in 2025 the threshold was still €98,000.

Two types of costs an employer may deduct

The law draws a clear distinction between two categories of costs that an employer may, subject to conditions, offset against the transition payment.

Transitiekosten zijn kosten die gericht zijn op het voorkomen of bekorten van werkloosheid. Voorbeelden zijn scholing of outplacement die direct verband houden met de overstap naar ander werk, of een langere opzegtermijn waarbij de werknemer vrijgesteld wordt van werk zodat er meer ruimte is om te solliciteren.

Inzetbaarheidskosten are costs that an employer has incurred earlier in the employment relationship in order to make the employee more broadly deployable, that is to say independent of an imminent dismissal situation. Think of a course for an entirely different role, whether outside the organisation or — since 1 July 2020 — also within the organisation itself, provided it concerns a different role from the current one.

When training costs may not be deducted

Not every course or training programme qualifies for deduction. There are clear limits:

• Training that is required by law or under a collective labour agreement must be provided by the employer free of charge and may never be deducted from the transition payment.
• Costs relating to reintegration or redeployment in the context of illness may likewise not be offset.
• Courses aimed solely at improving performance in the current role do not qualify either.
• If the employer has agreed a study costs clause under which the training can already be recovered from the employee, that same training may not also be deducted from the transition payment.

The conditions for lawful deduction

If an employer wishes to offset training or employability costs, a series of cumulative conditions must be met. If any agreements are missing or incorrect, the right to deduct is lost entirely. The principal conditions are:

• The costs must have been specified in advance and communicated to you as the employee in writing, before they are incurred.
• You must have given written consent to the offsetting of those specific costs against a future transition payment.
• The costs must have been incurred by the employer itself, specifically for your benefit as the employee.
• The costs must not be recoverable elsewhere or from you as the employee.
• For employability costs, there is the additional requirement that they must in principle have been incurred within five years before the date of dismissal — unless the employer and employee have agreed a different period in writing.
• The costs must be in reasonable proportion to the purpose for which they were incurred.

If your employer does not meet all of these requirements, they may not deduct those costs from your transition payment.

Practical points to note for employees in Eindhoven

If, as an employee in the Eindhoven or Brabant region, you are faced with a dismissal in which your employer wishes to offset costs, it is advisable to check carefully whether all conditions have been met. Pay attention to the following:

• Always ask for an itemised overview of the costs the employer wishes to deduct.
• Check whether you previously gave written agreement to the deduction of those specific costs.
• Establish whether the training in question was compulsory — compulsory training may never be offset.
• Check whether your employment contract contains a study costs clause, as this in principle excludes any deduction from the transition payment.
• Be mindful of the five-year time limit: costs incurred more than five years ago may, as a rule, no longer be deducted.
• When dealing with a settlement agreement, always have it checked whether the stated transition payment amount has been calculated correctly and whether any deductions are lawful.

Are you unsure whether the calculation is correct or whether the deduction your employer is applying is lawful? Have this assessed before you agree to anything. An agreement that has been signed is legally binding.

Why Employment Lawyer Eindhoven

At Arbeidsjurist Eindhoven we know the local labour market and can help you quickly gain a clear understanding of your position. Whether you have doubts about the amount of your transition payment, are unsure whether a deduction applied by your employer is justified, or want a settlement agreement reviewed — we will think things through with you in a practical way. Contact us without obligation for an initial exploratory conversation. You do not have to face this alone.

Frequently asked questions

Is my employer simply allowed to deduct training costs from my transition payment?

No, that is not permitted without more. Deduction of training costs is only allowed if a series of strict conditions have been met. For instance, the costs must have been communicated in writing in advance, and you as the employee must also have agreed to them in writing before the costs were incurred. If that consent is absent, the right to deduct lapses.

Which training costs may an employer never deduct from the transition payment?

Costs for training that is required by law or under a collective labour agreement may never be set off. The same applies to courses aimed solely at improving performance in the current role, to reintegration costs, and to training that can already be recovered from the employee under a study costs clause.

What is the maximum transition payment in 2026?

The maximum transition payment as of 1 January 2026 is €102,000 gross. If you earn more than €102,000 per year, your gross annual salary applies as the maximum. This amount is indexed annually on the basis of contractual wage developments.

How far back may an employer set off employability costs against the transition payment?

In principle, only costs incurred in the five years preceding the dismissal date may be deducted. The employer and employee may agree in writing to a different period, but this must then have been explicitly recorded.

What should I do if I suspect my employer is wrongly deducting training costs?

First, ask for a detailed overview of the costs your employer wishes to set off, and check whether you ever gave written consent to that specific deduction. If that is not the case, or if the employer does not meet the other statutory conditions, the deduction is not permitted. Have the situation assessed by an employment lawyer before you sign any document.

We are happy to think along with you. For advice tailored to your situation, we would be glad to talk. No rights can be derived from the content of this page and it may contain inaccuracies.