Labour deal: training plan

The labour deal requires certain employers to draw up a training plan for their workers once a year (calendar year).

Companies concerned

All private sector companies (mainly) that employ at least 20 workers must draw up a training plan for their workers.

Content of the training plan

The training plan lists the training courses as well as the target group of workers for whom they are intended (e.g. workers who are at least 50 years old or have a reduced capacity for work).

The plan is drawn up in paper or electronic form.

In concrete terms, the training plan must include, at least, the following:

• the formal training courses; this refers to training courses:
  • consisting of courses and traineeships developed by trainers or speakers;
  • characterised by a high degree of organisation of the trainer or training institution.
  • conducted in a place that is clearly separated from the workplace;
  • aimed at a group of learners;
  • and developed and managed by the company itself or through an external organisation;

E.g. training taken as part of educational leave.

• the informal training courses; this refers to training courses:
  • consisting of training activities which are directly related to work (or the workplace), but other activities than those mentioned above;
  • characterized by a high degree of self-organisation of the individual learner or a group of learners (time, place, context);
  • and whose content is determined by the individual needs of the learner in the workplace;

E.g. participation in conferences, fairs and lectures.

• an explanation of how the plan contributes to investment in training (at least 5 training days per year; 4 days in 2023).

When drawing up the training plan, the employer must:

• take into account the gender dimension;
• pay special attention to:
  • persons from risk groups and, more specifically, workers who are at least 50 years old;
  • disabled workers;
  • persons of foreign origin (e.g. workers who are no nationals of a European Union member state);
  • the bottleneck professions in its sector; the training provided for in the plan should make it possible to make up for the lack of applicants in the bottleneck professions in its sector;
  • the method of evaluation with the workers.

Important note! A sectoral collective bargaining agreement declared binding by Royal Decree may lay down the minimum conditions that a training plan must meet. This collective bargaining agreement must be deposited at the Clerk’s Office of the Directorate General Collective Labour Relations of the FPS Employment, Labour and Social Dialogue:

• for the training plan of the year 2023: no later than 30 November 2022;
• for the training plan of the following years: no later than 30 September of the year preceding the year to which the plan relates.

Duration of the training plan

The training plan for workers is concluded for a period of at least 1 year.

Procedure and deadline

The training plan for workers is drawn up in compliance with a consultation procedure that differs depending on whether or not there is a works council/trade union delegation in the company.

If there is a works council or, failing that, a trade union delegation in the company, the procedure is as follows:

1. the employer draws up a draft training plan each year;
2. the employer communicates this draft to the works council or, failing that, to the trade union delegation;
3. a meeting of the works council or, failing that, with the trade union delegation is organised at least 15 days after such communication in order to examine the draft;
4. the works council or, failing that, the trade union delegation issues its opinion by 15 March at the latest;
5. the content of the training plan must be determined by 31 March at the latest.

If there is no works council or trade union delegation in the company, the procedure is as follows:

1. the employer draws up a draft training plan each year;
2. the employer submits this draft to the workers by 15 March at the latest;
3. the content of the training plan must be determined by 31 March at the latest.

Retention and communication of the training plan

The employer keeps the training plan for the workers in the company.

Workers and their representatives have access to it upon simple request.

The employer must also send a copy of the training plan:

• by electronic means,
• to the competent official,
• within 1 month of the plan’s entry into force.

Important note! The date of entry into force of this obligation as well as the method of sending are yet to be specified by Royal Decree.

Entry into force

The measure entered into force on 1 September 2022. A training plan must therefore be drawn up for the first time no later than 31 March 2023 in the companies concerned.

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