Right to training: individual training right and annual training plan
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In the context of the Labour Deal, the government introduced an individual right to training for employees as well as the obligation for the employer to draft an annual training plan. This new legislation entered into force on 10 November 2022, but concerns the right to training as from 2023.
Individual right to training
What?
Until now, there was mainly a collective right to training in Belgium. Per full-time equivalent employee, the employer had to offer a certain number of training days. For this collective right to training, it did not matter that one employee attended more training than another, as long as the total collective training days were achieved at company level.
The Belgian legislator is changing this now. Every employee will have an individual right to training.
The individual right to training includes two types of training:
- Formal training: trainings developed by teachers or trainers. These trainings are characterised by a high degree of organisation and take place outside the workplace.
- Informal training: trainings characterised by a high degree of self-organisation by the employer. The employee has a strong say in the content and timing of training. These trainings usually take place at the workplace.
Scope of application
The number of individual training days depends on the size of the company:
Companies with less than 10 employees do not have to take this individual training right into account.
In companies with 10 to 19 employees, full-time employees are entitled to at least 1 training day from 2023.
In companies with 20 employees or more, full-time employees are entitled to 4 training days in 2023 and to 5 training days per year from 2024 onwards.
For part-time employees or employees who have not yet been employed for a full calendar year, the number of training days will be determined pro rata.
The number of employees employed in the company is determined by taking into account the number of full-time equivalents based on the average employment during the reference period.
How to introduce?
In companies with 10 to 19 employees, the employer must annually determine the number of training days to which employees are entitled by 30 September.
In companies with 20 or more employees, the individual training right is introduced by a CLA at sector level. If no CLA is concluded at sector level, the company should introduce this right by creating an "individual training account" for each employee. As sectors have not adopted CLA’s so far, we explain here what formalities you, as an employer, have to respect when drafting this individual training account.
This individual training account is a form (paper or electronic), which contains the following mandatory elements:
- Identity employee;
- Employment regime;
- Competent joint industrial committee;
- Training credit: at least 4 training days per year in 2023 and at least 5 training days per year from 2024;
- The number of training days attended and number of remaining days or number of days to be carried over to the following year;
- The deadline by which the amount of training days must be taken up.
This form should be kept in the employee's personal file. Each time the employee attends a training course, the number of training days attended must be indicated in the individual training account as soon as possible.
The employer must inform employees about the individual training account the first time he introduces this individual training account. New employees should also always be informed. At least once per year, the employer must inform employees of the remaining balance of the training credit.
In the absence of a sector CLA or individual training account, each employee of the company has an individual training right of 4 training days in 2023 and 5 training days in 2024.
Annual training plan
What?
Companies with 20 or more employees must draw up an annual training plan concluded for a minimum duration of one year.
This training plan should include at least the following elements:
- The offer of formal and informal trainings referred to in the framework of the individual training right;
- An explanation of how the training plan contributes to investments in the individual training right. After all, the plan should ensure that every employee has an opportunity to follow trainings, and improve employees' competences.
When drawing up this training plan, the employer should pay particular attention to risk groups (especially employees aged 50 and older and employees with disabilities), bottleneck occupations and gender dimension.
It is possible that sectors will set additional conditions to be met by training plans in the future.
How to introduce?
At the latest by 31 March of the relevant calendar year, the training plan must be finalised. The first deadline will therefore be 31 March 2023.
Before the training plan can be introduced, it must be submitted to the works council and, in its absence, the union delegation, at least 15 days before the meeting in which it is examined. The works council or union delegation will then give its opinion on the draft by 15 March at the latest.
If there is no works council and union delegation, the employer shall submit the training plan to the employees by no later than 15 March of the calendar year concerned.
Within a month of the plan entering into force, the employer must provide a copy to the government electronically. Through which portal this has be done is yet to be determined.
The training plan is kept in the company. Employees can request access to the training plan at any time.
Adjustment of the working regulations
The employer must refer in the working regulations to the employee's right to training or to the legal or regulatory provisions or CLA’s that regulate sit. This right to training should be introduced through the normal procedure of amending the working regulations.
