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In accordance with the Law of 5 March 2017 on feasible and manageable work, since 1 January 2017, the interprofessional objectives for training amount to an average of 5 training days per year per full-time equivalent (to be calculated within the context of a development plan). However, several clarifications to this law still had to be made.
This has been done and published in the Royal Decree of 5 December 2017.
Review!
When the interprofessional objectives at the sector level are concretised through the extension of an existing CLA, the joint (sub)committee must also, based on the Royal Decree of 5 December 2017, (namely) specify the average number of training days per full-time equivalent as well as the training courses that must be considered eligible, which at least include the formal and informal training courses and the on-the-job training sessions.
For more information on the provisions applicable in your sector, please see our sectoral documentation (‘agreement’ document).
When the interprofessional objective in the company has been concretised through the allocation of training days in an individual training account, then this account must be concretised, as stipulated in the Royal Decree of 5 December 2017, by means of a form that contains (at least) the following information:
A hard or soft copy of the form must be archived in the employee’s personal file (managed by the HR department) as it forms an integral part of the file.
The employer must inform each relevant employee about:
The Royal Decree of 5 December 2017 provides a different scheme for employers who employ at least 10 and less than 20 employees expressed in full-time equivalents.
Remember! The number of employed employees must be calculated in full-time equivalents based on the average employment in the year preceding the biennial period that started for the first time on 1 January 2017 (i.e. 2016).
Indeed, these employers must:
If there is no set number of training days, employees have, on average, a minimum of one training day per year per full-time equivalent.
The follow-up and communication with the employee concerning the individual training account are done according to the rules above.
The Royal Decree of 5 December 2017 specifies the methods for calculating the number of training days in the context of the individual training account, or the suppletive scheme when the employee does not work full-time and/or the full calendar year is not covered by the employment contract (taking his/her employment contract into account).
The following formula must be used: A x B x C, where
A = the number of training days allocated at the company level for a full-time employee;
B = the employee’s employment scheme, compared to the full-time scheme;
C = the number of months that the employee 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).
The measures described above come into effect on 1 February 2017.
Source: Royal Decree of 5 December 2017 in implementation of section 1 of chapter 2 of the Law of 5 March 2017 on feasible and manageable work, BOG of 18 December 2017.
Author: Catherine Mairy
09/01/2018
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