Law on feasible and manageable work - Investing in training

Up until 31 December 2016, global initiatives in relation to training had to amount to 1.9% of the wage bill.
The law of 5 March 2017 on feasible and manageable work seeks to convert this objective, as from 1 January 2017, into an inter-professional objective of an average of 5 days training per year per full-time equivalent. This is an objective that will have to be achieved inter-professionally as part of a growth path.

Employers concerned 

The new inter-professional objective applies to all mainly private sector employers, except those employing less than 10 staff.

For employers employing at least 10 and less than 20 staff expressed as full-time equivalents, special arrangements will be provided for by Royal Decree and will mainly concern the number of training days.

In regard to the number of staff employed, this is calculated as a full-time equivalent on the basis of average employment for the year preceding the 2-year period which started, for the first time, on 1 January 2017 (i.e. 2016).

Fulfilling the inter-professional objective

Fulfilling the new inter-professional objective may be done either by sector, or, in the absence of a sector Collective Labour Agreement, at company level.

At sector level

Fulfilling the new inter-professional objective at sector level is done:

• by drawing up a sector Collective Labour Agreement, which will provide for a training effort at least equal to, on average, 2 days per year per full-time equivalent;
• or by extending a sector Collective Labour Agreement made for the 2013-2014 and 2015-2016 periods, which will provide for a training effort at least equivalent to the existing training effort (expressed in days).

For the 2017-2018 period, the Collective Labour Agreements must be filed with the Registrar of the Directorate General for Collective Labour Relations of the FPS Employment, Labour and Social Dialogue by 30 November 2017 at the latest. 

At company level

In the absence of a sector Collective Labour Agreement, fulfilling the new inter-professional objective at company level is done by granting training days in an individual training account:

• the training credit which a worker employed full-time for the entire year has available on an annual basis may not be less than an equivalent of 2 days; a Royal Decree has yet to set the procedures for calculating this credit for a worker who, for example, is not employed full-time;

• the practical procedures for this account must also be set by Royal Decree.

Note: Whatever the method of fulfilling the inter-professional objective, a growth path that increases the number of training days must be provided for in order to achieve the inter-professional objective of an average 5 training days, per year, per full-time equivalent.

Supplementary system 

In the absence of a sector Collective Labour Agreement and individual training account, a supplementary system will be applicable in a company as from 1 January 2017, which is specifically a right to an average 2 days’ training, per year, per full-time equivalent.

A Royal Decree has yet to set the procedures for calculating this number for a worker who, for example, is not employed full-time.

Note: A worker will be able to attend training not only during but also outside normal working hours (retaining his/her full pay but without extra pay).

Training courses

As part of the new inter-professional objective, employers will continue to report on efforts made in relation to training through the social balance sheet.

The training courses that should be taken into consideration are not explicitly stated in the law of 5 March 2017; they could be in a Royal Decree.

Only the concepts of "formal training" and "informal training" are defined. These concepts are similar to those already in force.

Therefore, in principle and unless stipulated otherwise by a Royal Decree, it will be necessary, at the very least, to take into account formal training courses (e.g. those attended as part of educational leave) as well as informal training (e.g. conference attendance for learning purposes).

Entry into force

The measures described above entered into force on 1 February 2017.

Even though many details are still awaited, we advise employers to continue to make efforts in relation to training.

Source: articles 9 to 21 of the law of 5 March 2017 on feasible and manageable work, Belgian Official Gazette of 15 March 2017.

Author: Catherine Mairy

11/04/2017