Schooling clause: towards a more flexible condition with regard to the remuneration threshold

Author: Catherine Mairy
Date:

The employer and the employee may conclude a schooling clause under certain conditions. The clause relating to the remuneration threshold is made more flexible by the law of 14 October 2018, which came into force on 10 November 2018.

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 employee's gross annual remuneration must exceed EUR 34,180 (in 2018). However, from now on, this condition must no longer be met when the clause concerns a training for an occupation or position included on the Regions' lists of bottleneck occupations 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 training must be specific and fall outside the legal or regulatory framework that is required for the performance of the duties for which the employee has been hired;
  • 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: Law of 14 October 2018 amending the law of 3 July 1978 on employment contracts in order to make the schooling clause more flexible and to introduce a schooling clause for bottleneck professions, Belgian Official Gazette of 31 October 2018.

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