Deadlines for the right to training
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In our newsletters of 8 December 2022 and 3 January 2024, we already informed you about the new rules on the right to training introduced in the context of the Labour Deal. In this newsletter, we will go through the main principles again and remind you of the upcoming deadlines for this quarter.
Individual right to training and individual training account
What?
Since the Labour Deal, employees have an individual right to training. The number of annual, individual days of training an employee is entitled to, depends on the size of the company:
- In companies with less than 10 employees, there is no individual right to training.
- Full-time employees within companies with 10 to 19 employees are entitled to at least 1 training day per year.
- In companies with 20 employees or more, employees are in principle entitled to 5 individual days of training per year, introduced according to the following cascade scheme:
- A universally binding collective labour agreement (“CLA”) at sector level determines, among other things, the number of training days employees are entitled to and lays down the framework for the practical implementation of the training right
- In the absence of such CLA at sector level, an individual training account. This form contains the training credit to which the employee is entitled and is kept in the employee's personal file. Each time an employee attends a training, this training account should be updated with the number of training days attended.
- In the absence of such CLA at sector level and training account, the full-time employee has the individual right to training of 5 days of training per year.
The number of training days of part-time employees and employees who joined during the calendar year is determined based on their working regime and the number of months started in which they worked that calendar year.
Please note: check whether different rules have been established within your sector regarding training! Sectors are free to adopt their own measures relating to training for companies with less than 10 and 20 employees. In addition, a growth path or a lower number of training days may also be provided at sector level for companies with 20 employees or more.
More information on the individual right to training can be found in our newsletter of 8 December 2022.
Annual training plan
What?
Companies with 20 employees or more must draft an annual training plan by 31 March. Your Works Council, or in absence thereof your union delegation, or in absence thereof your employees, must receive the draft by 15 March.
The training plan includes an overview of all trainings, as well as the target group of employees for whom the trainings are intended. The training plan must at least:
- Include the formal and informal trainings.
- Explain how the training plan contributes to investments in the individual training right.
Please note: The sectors can set the minimum conditions a training plan must meet in a universally binding collective labour agreement and/or provide a model.
Retention
The training plan must be kept within the company.
Additionally, the law provides that a copy of the training plan must be submitted electronically to "the official designated by the King" within one month after the entry into force of the plan. Currently, it has not yet been determined which official will be authorised to do so. Consequently, the training plan must be kept purely in the company until the competent official is known.
For more information on the annual training plan, you can also consult our newsletter of 8 December 2022.
Federal Learning Account
What?
As mentioned in our newsletter of 3 January 2024, the Federal Learning Account ("FLA") is a digital web application designed to facilitate the exercise, management and registration of the individual right to training and the sectoral rights to training.
The application will be developed and managed by Sigedis and will be available to employees at mycareer.be.
Entry into force
The Law on the Establishment and Administration of the FLA provides that the FLA will enter into force on 1 April 2024. At the moment, the tool is not yet available so it is unclear for the time being how the necessary data will have to be inputted. It is therefore possible that the launch of the official version of the tool will be delayed.
Furthermore, the law stipulates that within six months of the law entering into force, employers will have to comply with the registration obligation of the details of the employees currently employed and the training of these employees. For now, no sanctions are provided by law in case of failure to comply with these registration obligations, but this may change in the future.
Taking the above into account, we do not expect that any action can or will have to be taken in April. We will keep you further informed.
If you have any questions about any of the above, please do not hesitate to contact us at legal@pro-pay.be.
