Work-linked training in Flanders from September 2022 onwards

As of 1 September 2022, a number of changes will take effect regarding work-linked training in Flanders. An overview.

Dual training adult education

From 1 September 2022, adult education apprentices will also be able to take a dual training course at the CVO (Centre for Adult Education). This can be done through a "dual training agreement" (less than 20h/week) or a "dual training agreement in accordance with the apprenticeship status" (more than 20h/week).

Exceptionally, a part-time employment contract may also be concluded[1]. Also, working apprentices can attend the workplace component of dual training in their own company. In this case, there is no training allowance, as the apprentice is already receiving a salary.

The training allowance is a minimum of 0.21% of the AMGMW.

For more information, please refer to the website of the Flemish Government on this subject.

Changes to dual learning as of 1 September 2022

1. Interregional and international mobility

Flemish apprentices already had the opportunity to attend the workplace component of their work-linked training in a company established outside the Flemish Community.

Now the Flemish Government also provides the possibility for apprentices enrolled in an educational or training institution, established in the French or German-speaking Community or abroad to conclude a work-linked training agreement with a Flemish company. The Flemish company must still be recognised in accordance with the Flemish regulations on work-linked training and use the Flemish agreements.

2. Holiday arrangements during periods of collective closure

Some companies resort to collective closure due to annual leave. Usually this is during school holidays[2] but a collective closure can also occur during the training weeks. In the latter case, the apprentice cannot attend training in the company, nor can he take paid leave. This change as of 1 September 2022 ensures that in that case the apprentice can still take paid leave days outside the school holidays[3].

If the student has insufficient accrued paid leave days to cover all collective closure days, temporary unemployment due to collective closure may be applied for during the closure or the remaining days of the closure.

3. Exceptions to the training allowance

The company must pay a training allowance both for the training component and for the workplace component. The training allowance is also payable during periods of suspension of the performance of the agreement. An exception exists only for certain periods of incapacity for work.

As of 1 September 2022, some exceptions are added: The company does not have to pay a training allowance:

• during the optional portion of the pre- and post-natal leave if the apprentice is attending the training course component but not the workplace component;
• in the event of prophylactic leave of the apprentice during the workplace component;
• in the event of temporary partial incapacity for work where the apprentice is not fit to attend the workplace component but is able to attend the training course components after having used up the guaranteed training allowance.

4. Working hours work-linked training internship agreement

As of 1 September, the work-linked training internship agreement is no longer considered a full-time agreement. The internship agreement must be concluded for at least 28 hours per week and for a maximum of the average weekly full-time working hours in the company.

More information

Sources:

• https://www.vlaanderen.be/lerenden-uit-het-onderwijs-opleiden-op-de-werkplek/overeenkomsten
• Decision of the Flemish Government of 17 June 2022 implementing the Decree of 25 March 2022 establishing certain aspects of dual training in adult education.
• Decree Flemish Government of 10 June 2022 amending the regulations on dual training, the start-up phase and work-linked training, Belgian Official Gazette of  13 June 2022.

[1] For the employment contract, of course, a salary is paid, not a training allowance.

[2]  Apprentices in work-linked training are following the school holiday schedule since 1 September 2019. Derogation from this is possible under certain conditions. In that event, the training days during school holidays will have to be taken in lieu during the training course weeks on days when the apprentice would have attended training in the company. School holidays are unpaid. Students bound by a work-linked training agreement also accrue paid leave days and must take these days during school holidays so that their leave days are limited to school holidays.

[3] However, the apprentice is required to first use up any compensatory days in lieu to which he is entitled.