Dual training adult education

Author: Jonas Verplanken (Legal Expert)
Read time: 4min
Publication date: 17/10/2022 - 15:50
Latest update: 17/10/2022 - 15:52

As already announced, dual learning adult education started in Flanders on 1 September 2022. Below we give a brief overview of this new system.

Agreements

If you want to enter into an agreement with a trainee who is taking a course of dual learning in adult education, there are several options.

  • ODOS: If the trainee spends an average of more than 20 hours per week in the workplace on an annual basis, the Agreement of Dual Training Statute (Overeenkomst van Duale Opleiding Statuut, ODOS), or officially: Agreement of Dual Training in accordance with the Social Security Statute of a student in the context of an alternate training is applicable. The ODOS includes both the classroom and workplace portion of the training.
  • ODO: If the trainee spends an average of less than 20 hours per week in the workplace on an annual basis, you will enter into an Agreement of Dual Training (Overeenkomst van Duale Opleiding, ODO). The ODO includes both the classroom and workplace portion of the training.
  • DA: If the training takes place in a non-profit sector company to which the social maribel reduction applies, a part-time employment contract (deeltijdse arbeidsovereenkomst, DA) social maribel may be concluded. The DA includes only the workplace portion of the training.
  • ODOW: If the trainee is already an employee and wishes to complete on-the-job training with his own employer, enter into an Agreement of Dual Training with the own employer (Overeenkomst van Duale Opleiding met de eigen werkgever, ODOW). The number of hours of on-the-job training is irrelevant. The ODOW includes both the classroom and workplace portion of the training.

So these agreements differ from those used in secondary education dual learning (OAO and SAO). The Flemish government makes models of these agreements available on its website.

Recognition

The company may only train the trainee in the workplace if it is recognized as a learning company and once the agreement is signed and started.

Learning allowance and salary

In both ODO and ODOS, the company pays a learning allowance to the trainee. As regards the ODO, only the hours of on-the-job training are reimbursed by the learning allowance. As regards the ODOS, both the hours of on-the-job training and the hours of training at the CVO are reimbursed.

The learning allowance is paid by the company to the student and is at least 0.21% of the national guaranteed monthly minimum income. (currently this amounts to EUR 3.95 per hour)

As regards the ODOW and the part-time employment contract, these are employment contracts, consequently a salary is due, not a learning allowance.

Commuting

For a trainee with an ODOS, your company intervenes in the same way for the cost of commuting by public or private transportation as for regular employees.

This obligation does not exist for the ODO.

Dimona

A Dimona declaration must be made for the trainee by the employer:

For the ODOS: Dimona OTH by employer (or RTA for construction trainees).

For the ODO: Dimona STG by employer (enriched Dimona).

Under the ODOW and part-time employment contract, the trainee is also an employee. This means the Dimona obligation has already been met.

Accidents at work (insurance)

If the trainee is absent due to a work-related accident, the student is not entitled to the guaranteed learning allowance. The insurance company will reimburse the trainee directly from the first day of incapacity.

In the case of the ODO and the ODOS, the employer is required to conclude an work accident insurance for the trainee. Under the ODOW and the part-time employment contract, the applicable policy is the policy the trainee benefits as an employee.

More information can be found in the Flemish government's info sheet on this topic.

Leave days

A trainee with a Dual Training Agreement in accordance with the social security statute (ODOS) accrues the right to paid days of leave just like employees with an employment contract.

More information

For more information, please refer to the website of the competent authority.

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