JOBSDEAL (3/5): Training in the company

First measure: the training schemes

Employers with at least 20 workers should once a year, before 31 March, draw up a training scheme in consultation with the works council (WC) or, in its absence, with the trade union delegation (TUD). The draft Act provides that:

• the WC/TUD can give its opinion on the draft by 15 March at the latest, and;
• the employer must send the draft to the WC/TUD at least 15 days before the meeting at which the draft is to be discussed.

If there is no WC/TUD, the employer must present the plan to the workers by 15 March at the latest. 

A copy of the training scheme must then be sent electronically to the Federal Public Service (SPF) of employment within one month of it coming into effect.

The training scheme must contain the following elements:

• the duration (at least 1 year)
• a list of possible (formal and informal) training courses per target group of workers, 
• description of the training initiatives undertaken by the company within the framework of the individual right to training (see below point 2).

The plan must pay particular attention to:

• Risk groups;
• Older workers (50+);
• workers "with foreign origin";
• workers with disabilities;
• the bottleneck professions within the sector;
• the gender dimension of the plan.

Additional minimum conditions may be laid down at the industry level, on condition that the CBA thereto is submitted to the FPS employment by 30 September (and, exceptionally for 2022, by 30 November 2022). 

These provisions are expected to enter into force on 1 September 2022. This means that companies should register their first training scheme no later than 31 March 2023.

Second measure: The individual right to training

Companies with at least 10 and less than 20 FTEs will have to guarantee 1 day of training per year and per FTE. These employers will determine before 30 September the number of training days to which the employees are entitled.

Employers with 20 or more FTEs will have to guarantee a minimum number of training days per FTE:

• From 2023: 4 training days;
• From 2024: 5 training days.

A Royal Decree can increase the number of training days and provide for the possibility of converting training days into training hours.

The distribution of the number of training days will be determined by:

• either an industry CBA that has been rendered generally applicable trough Royal Decree. Through this CBA, the number of training days can be changed, but not reduced to less than 2 days;
• or by an "individual training account". This is put into practise via a specific form containing the information determined by law. Each time a worker takes a training course, this is entered on the individual training account as soon as possible.
• an individual training right guaranteed by law, when neither a CBA nor an individual training account is established.

Any balance of unused training days shall be carried over to the following year at the end of the year. The balance of the available training credit is set to 0 at the end of each five-year period, which can begin at the earliest on 1 January 2024. 

Unless the worker resigns or is dismissed for serious reasons, he has the right to take his cumulative training credits before his employment contract is terminated. It is up to the employer and the worker to decide how these days can be taken. If the notice period is wholly or partly replaced by a severance pay, this outstanding training credit shall be considered as a benefit for the calculation of the severance pay.

These measures shall enter into force on the date of their publication in the Belgian Official Gazette.

Caveat

This information is provided subject to approval of the final version of the said Act.

Source: Draft Act on various labour provisions, Ch., session 55, n° 2810/001.