Labour deal: individual right to training

The labour deal provides for an individual right to training.

This right replaces the overall obligation for private sector employers to provide a training effort of an average of 5 training days per year and per full-time worker.

Companies concerned

This individual right to training applies in all private sector companies (mainly), except those employing less than 10 workers.

The number of employed workers must be calculated in full-time equivalents based on the average employment during the reference period preceding the biennial period that started for the first time on 01.01.2022.

The reference period includes the 4th quarter of the penultimate year and the first 3 quarters of the year preceding the biennial period.

Specifically, for the period 2022-2023, the reference period starts on 01.10.2020 and ends on 30.09.2021.

To calculate the average number of workers employed in full-time equivalents during the reference period, we divide:

• the total number of full-time equivalent workers declared at the end of each quarter of the reference period
• by the number of quarters for which the employer has declared the workers to the National Social Security Office (NSSO).

Note - If no declaration is made to the NSSO for the reference period, the number of workers employed on the last day of the quarter in which the first employment occurred after this period must be taken into account.

Number of training days per worker

Each worker has an individual right to training in the companies concerned.

If the worker is employed full-time, this right includes:

• in 2023: at least 4 training days;
• from 2024: at least 5 training days per year.

If the worker is not employed full-time and/or is not bound by an employment contract during the entire calendar year (taking into account his/her employment contract), the formula to be applied to determine the number of training days is as follows: A x B x C, where

A = the number of training days granted within the company to a full-time worker

B = the worker’s employment regime, in relation to a full-time employment regime

C = the number of months that the worker has been employed by the company divided by 12 (each month that has started is considered to be a month that has been worked in full).

Implementation of the individual right to training

The individual right to training can be implemented:

• either, at sector level, by means of a collective bargaining agreement (CBA) declared binding by Royal Decree; for the period 2023-2024, sectoral CBAs must be deposited at the Clerk’s Office of the Directorate General Collective Labour Relations (FPS Employment, Labour and Social Dialogue) no later than 30.09.2023;
• or, in the absence of a sectoral CBA, at company level.

The individual right to training is implemented at company level through the allocation of training days (= training credit) in an individual training account.

The training credit available to the full-time worker may not be less than:

• 4 training days in 2023;
• 5 training days per year from 2024 onwards.

The individual training account must be made concrete by means of a form containing at least the following information:

• the identity of the worker (surname, first name, date and place of birth, address, national registration number);

• the employment regime under which the worker is employed;
• the authorised joint committee(s) or joint subcommittee(s);
• the training credit (number of training days the worker has per year);
• (each time the worker attends a training course) the number of training days attended and the number of remaining days or the number of days to be carried over to the next year;
• the growth path, i.e., the period within which the set number of training days must be reached.

This form must be kept on paper or electronically in the worker’s personal file (managed by the HR department) as it forms an integral part of the file.

The employer must inform each worker concerned about:

• the implementation/existence of the individual training account;
• at least once a year, the balance of the training credit, the worker’s right to consult his/her account (at any time and upon a simple request), and the worker’s right to correct any mistakes (with the employer’s approval). 

In the absence of a sectoral CBA and an individual training account

In the absence of a sectoral CBA and an individual training account, an individual right to training is applicable in the company, which for a full-time worker amounts to:

• in 2023: at least 4 training days;
• from 2024: at least 5 training days per year.

Transfer of the balance of training days and reset to zero

The balance of unused training days at the end of the year will be carried over to the following year, with no deduction from the worker's training credit for that following year.

Important note! A full-time worker must have benefited from at least 5 training days on average per year:

• at the end of each 5-year period, which may begin no earlier than 01.01.2024
• or at the end of the employment contract if this occurs before the end of the 5-year period referred to above.

Only at the end of the 5-year period, the balance of the available training credit is reset to zero.

Types of training and follow-up

The training to be considered under the individual right to training is not explicitly stated in the law.

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

Thus, in principle, at least formal training (e.g. educational leave training) as well as informal training (e.g. attending conferences for learning purposes) should be taken into account.

The employer should continue to include training in the social balance sheet.

Workers may attend training:

• either during their regular working hours;
• or outside their regular working hours; in this case, the hours corresponding to the duration of the training entitle them to the payment of normal wages, without overtime pay.

Termination of the employment contract

In the event of dismissal for misconduct or resignation, the worker is not entitled to take his/her accumulated training credit (remaining training days) before the end of the employment contract.

Unused training credit does not give rise to:

• an increase in the notice period,
• nor to an increase in severance pay.

In the event of dismissal which is not attributable to the worker, the worker is entitled to take his/her accumulated training credit (remaining training days) before the end of the employment contract (during the notice period).

It is up to the employer and the worker to decide what happens to these training days and how they can be taken.

If the notice period is replaced in whole or in part by severance pay, this outstanding training credit shall be considered a benefit acquired under the contract.

Companies employing at least 10 and less than 20 workers: derogations

A derogation scheme applies for companies employing at least 10 and less than 20 workers expressed in full-time equivalents (for calculation, see above).

Number of training days per worker

In these companies, an individual right to training and a training credit of at least 1 training day per year must be guaranteed for a full-time worker employed for the full year.

To this end, the employer must determine the number of training days to which workers are entitled before 30 September of each year.

Transfer of the balance of training days and reset to zero

The balance of unused training days at the end of the year will be carried over to the following year, with no deduction from the worker's training credit for that following year.

Important note! A full-time worker must have benefited from at least 1 training day on average per year:

• at the end of each 5-year period, which may begin no earlier than 01.01.2024
• or at the end of the employment contract if this occurs before the end of the 5-year period referred to above.

Only at the end of the 5-year period, the balance of the available training credit is reset to zero.

Source: Law of 3 October 2022 containing various work-related provisions, Belgian Official Gazette of 10 November 2022.