Schooling clause: relaxation of the condition with regard to the type of training

The employer and the employee may conclude a schooling clause under certain conditions.

As of 29 April 2019, the Act of 7 April 2019 on the social provisions of the jobs deal relaxes the condition with regard to the type of training.

Reminder

The schooling clause is a clause by which the employee undertakes to reimburse part of the costs of the training he receives at the employer's expense in the event of departure before the expiry of the period of application of the clause.

It must be recorded in writing (in compliance with the language requirements) and laid down at the latest when the training begins.

Conditions

The schooling clause can only be concluded when certain conditions are met.

The training may not arise from a legal or regulatory provision with regard to exercising the profession for which the employee was hired. However, from now on, this condition must no longer be met when the clause concerns a training for a profession or position included on the Regions’ lists of bottleneck professions or hard-to-fill positions. The place of work determines the applicable list.

The other conditions remain unchanged:

• the employment contract between the employer and the employee must be concluded for an indefinite period;
• the employee's gross annual remuneration must exceed € 34,819 (in 2019), unless the clause concerns training for a profession or position included on the Regions' lists of bottleneck professions or hard-to-fill positions. The place of work determines the applicable list (see lnfoflash of 13.11.2018);
• the training must be specific;
• the duration of the training must be at least 80 hours or, failing that, its value must be at least twice the average monthly minimum income fixed for employees aged 21 and more laid down by the collective labour agreement concluded within the National Labour Council.

Source: Act of 7 April 2019 on the social provisions of the jobs deal, Belgian Official Gazette 19 April 2019.