Walloon Region: the ‘Plan formation-insertion’ (PFI) will be simplified

Author: Anne Ghysels
Date:

The Walloon Government has decided to simplify the ‘Plan formation-insertion’ (PFI) (training-integration Plan) as from 1 May 2019.

Below you will find a summary of the changes. (Some information is provided on the basis of the draft implementing decree that has not yet been published in the Belgian Official Gazette.) 

Name

We will no longer use the name ‘Plan formation-insertion’ (PFI) but rather ‘contrat de formation-insertion’ (CFI) (training and integration contract).  As was the case before 1 May 2019, the person with whom the contract is concluded retains the status of jobseeker. This person is not qualified as an ‘employee’ but as a ‘trainee’.

Employers concerned

From now on, both private and public sector employers will be able to conclude a ‘contrat de formation-insertion’ (CFI).

However, they must have their registered office or a business unit in the French-speaking Walloon Region. 

However, are excluded:

  • service voucher companies, for employees they hire under service voucher employment contracts 
  • the ALE agencies (local employment agencies), for the ALE employees they hire. 

Financial aspects

What does the employer pay?

The employer will no longer pay the trainee any compensation. 

He will pay an indemnity to the Forem. This is a fixed monthly lump sum (based on the salary scale of the joint committee that the employer communicates to the Forem).

This lump sum is prorated in the case of part-time employment.

Lump sum

Gross monthly amount of the future remuneration

Amount of the monthly lump sum paid by the employer to the Forem

1

Less than € 1,700

€ 650

2

From € 1,700 up to € 2,000

€ 850

3

From € 2,000 up to € 2,300

€ 1,050

4

From € 2,300 up to € 2,600

€ 1,250

5

More than € 2,600

€ 1,450

The Forem will send a monthly declaration of claim to the employer. Primo employers are entitled to a reduction of € 200 on their first claim.

A primo employer is an employer who, on the day the CFI was concluded, did not enter into any employment contract within the meaning of the Employment Contract Act of 3 July 1978. 

What does the Forem pay?

The Forem pays the trainee:

  • A monthly allowance
    • This is a percentage of the guaranteed average minimum monthly wage (GMMI). A 'block' = € 313 or 20% of the GMMI. It is therefore indexed at the same time as the GMMI.
    • It is calculated in proportion to the time worked of the month (public holidays being treated as days worked)

Category

Amount of the daily allowance

Number of blocks

Amount of the CFI allowance

1

No allowance

4

€ 1,252

2

Social allowance between € 13 and € 25.65

3

€ 939

3

Social allowance between € 25.66 and € 38.50

2

€ 626

4

Social allowance over € 38.50

1

€ 313

 

These different categories make it possible to prevent a trainee from receiving a higher net wage than employees assigned to the same position in the company.

 

  • travel expenses, if the distance between the trainee's place of residence and the place(s) of performance of the CFI is at least 5 km (the allowance is adjusted according to the number of days of actual attendance)  
  • a reimbursement of the daynursery/care costs (based on the days of actual attendance)
    • day-nursery costs: € 4/day/child
    • school day care costs:  € 2/day/child

What the Forem pays to the employer:

The Forem pays the employer a reimbursement of the actual cost of training on the basis of an invoice issued by the employer. This reimbursement is limited to the rate in force in the competence centres for similar training in the same professional sector. 

This reimbursement of training costs is intended for cases where training is not available within a reasonable time or where no training is available (specific training). In these cases, the employer may use another training operator than those provided for in the decree ( Forem, IFAPME, etc.)   

Communication between the employer and the Forem

  • Each month, the employer provides the Forem with the CFI trainee’s time worked for the month concerned, at the latest by the 5th day of the following month.
  • The Forem will set up an electronic platform. Thus, the employer will be able to submit his request for the conclusion of a CFI to the Forem via this platform. 

Employer’s obligations

The obligation for the employer to increase his reference workforce is abolished. 

On the other hand, he remains obliged to employ the trainee at the end of the CFI under the terms of an employment contract in the profession taught, for a period at least equal to that of the CFI. 

Nor can the employer dismiss staff to hire trainees under a CFI.

Training plan

The employer shall draw up the training plan, which is an integral part of the CFI, possibly assisted by the Forem.

Evaluation

An evaluation was planned by the Forem during the training. This will now be carried out at the end of the training.

Various points of attention 

  • The duration of the CFI remains 4 to 26 weeks. This period may be extended to a maximum of 52 weeks for trainees with integration difficulties.
  • The trial period is equal to 1/3 of the duration of the CFI with a minimum of 2 weeks and a maximum of 8 weeks.
  • The person who can be employed under a CFI is the person registered as an unemployed jobseeker with the Forem. He may not have been employed by the same employer for the same position in the 3 months preceding the conclusion of the CFI except for employment contracts or temporary agency contracts of a maximum of 20 days. 
  • The CFI complies with a model contract laid down by law.

Transitional measures

This new legislation applies only to CFI concluded as from 1 May 2019.

PFI concluded until 30 April 2019 remain governed by the old legislation.

 

Sources:

  • Decree of 4 April 2019 on individual vocational training, Belgian Official Gazette 15.04.2019  
  • Draft decree implementing the decree of 4 April 2019 on individual vocational training