Does law cost study?


Questioner

I started the security guard training as a self-employed person in January 2023 and successfully completed it in September 2023. At the start of this process, the client and I agreed to repay this amount advanced by him by means of €1.50 per hour to be settled on the invoice as a discount. In my first agreement this was not yet recorded in writing, later when several candidates started this same process, this was recorded in the new agreement that applies to me from March 13, 2023 to December 31, 2023. The following costs are listed: Motivation (trainer): €3000 Practice (internship company): €350 First aid: €375 First Aid PL €395 ISPS €450 VCA €250 Total: €5120 Already worked: 332.5 hours (to date) Settlement: 1332.5 x €1.50 = €1998.75 REMAINDER €5120 – 1998.75 = €3121.25 Now I'm running into a number of issues: -The BHV, ISPS and VCA for which the client charges €1075, appear to be included in the amount of €3000, according to the trainer. I have also obtained these certificates, so the client charges me extra for this. -BHV PL (certificate) was requested by the client for me and I received it unsolicited in my email without me having any knowledge of it and therefore not having received any training or taken any course for it, for which he charges me €395. This is almost 1500 euros that I am not supposed to pay. Also, the client refuses to pay my invoices until I submit these costs. I am also charged €750 for practical guidance, I have been working during my training. Apart from the training at different locations, I have not had any internal guidance. Can a company/internship location charge costs for carrying out an internship? Also because I am a self-employed person I can find little about this on the internet and that is why I have asked you my question here. The agreement valid from March 2023 states the following (this concerns the above costs): *the above certificates/trainings depend on training hours and options. These are the basic amounts that are settled pro rata if employee is no longer available at his own request and is the above has received training. Example: if you no longer wish to work after 6 months and stop, you pay the half of the costs of completed training will be returned. After one year of completing a course, all courses are always free of charge. I completed the VCA, ISPS and BHV training 9 months ago, if I read this correctly, does this mean that I do not have to pay 75% of these costs? Please note that the client wants me to pay double while this is included in the amount of €3000! I hope you can advise me how to act in this, also because this is an unpleasant situation in which my money is now being held while I have been working for him for all services up to now. Within the company there are 4 other people who are experiencing the same thing, of which 1 person (salaried) has already submitted his resignation.

Lawyer

Under Dutch law, it is free to enter into agreements as you and your client have done. This means that when a dispute arises about the content of the agreement, the judge will first look at what exactly was agreed. It is important to take into account what is stated in the agreement and how the agreement was concluded. The first point of attention is the double counting of the costs for the courses. If the amount of €3000,- already includes the training costs for BHV, ISPS and VCA then this should not be charged again. It may be useful to discuss this with the client and ask for an explanation. In connection with the BHV PL certificate that you received unsolicited, I would recommend discussing this with your client. If you did not follow this course, it seems that you should not have to pay these costs. Charging the practical guidance costs may seem improper, depending on the precise elaboration of the agreement. However, as you yourself noted, this is a complex area because you are a self-employed person and not an employee or intern. Your interpretation of the percentage of the costs that you would still owe after obtaining your certificates seems correct based on what you have stated. It is advisable to address the client on this and/or to seek legal advice on the precise meaning of this clause. Your situation seems complicated and it seems that you may need professional legal advice to determine your rights and obligations more precisely. This can be important in reaching a solution that does justice to your rights and interests. Before you proceed with legal action, I advise you to discuss the matter with your client and see if you can find a solution together. Please note that regardless of the outcome of these discussions, you are still obliged to abide by your contractual obligations until they are changed by legal proceedings. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.

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