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The labour deal provides for an individual right to training.
This right replaces the overall obligation for private sector employers to provide a training effort of an average of 5 training days per year and per full-time worker.
This individual right to training applies in all private sector companies (mainly), except those employing less than 10 workers.
The number of employed workers must be calculated in full-time equivalents based on the average employment during the reference period preceding the biennial period that started for the first time on 01.01.2022.
The reference period includes the 4th quarter of the penultimate year and the first 3 quarters of the year preceding the biennial period.
Specifically, for the period 2022-2023, the reference period starts on 01.10.2020 and ends on 30.09.2021.
To calculate the average number of workers employed in full-time equivalents during the reference period, we divide:
Note - If no declaration is made to the NSSO for the reference period, the number of workers employed on the last day of the quarter in which the first employment occurred after this period must be taken into account.
Each worker has an individual right to training in the companies concerned.
If the worker is employed full-time, this right includes:
If the worker is not employed full-time and/or is not bound by an employment contract during the entire calendar year (taking into account his/her employment contract), the formula to be applied to determine the number of training days is as follows: A x B x C, where
A = the number of training days granted within the company to a full-time worker
B = the worker’s employment regime, in relation to a full-time employment regime
C = the number of months that the worker 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 individual right to training can be implemented:
The individual right to training is implemented at company level through the allocation of training days (= training credit) in an individual training account.
The training credit available to the full-time worker may not be less than:
The individual training account must be made concrete by means of a form containing at least the following information:
This form must be kept on paper or electronically in the worker’s personal file (managed by the HR department) as it forms an integral part of the file.
The employer must inform each worker concerned about:
In the absence of a sectoral CBA and an individual training account, an individual right to training is applicable in the company, which for a full-time worker amounts to:
The balance of unused training days at the end of the year will be carried over to the following year, with no deduction from the worker's training credit for that following year.
Important note! A full-time worker must have benefited from at least 5 training days on average per year:
Only at the end of the 5-year period, the balance of the available training credit is reset to zero.
The training to be considered under the individual right to training is not explicitly stated in the law.
Only the concepts of "formal training" and "informal training" are defined. These concepts are similar to those already in force.
Thus, in principle, at least formal training (e.g. educational leave training) as well as informal training (e.g. attending conferences for learning purposes) should be taken into account.
The employer should continue to include training in the social balance sheet.
Workers may attend training:
In the event of dismissal for misconduct or resignation, the worker is not entitled to take his/her accumulated training credit (remaining training days) before the end of the employment contract.
Unused training credit does not give rise to:
In the event of dismissal which is not attributable to the worker, the worker is entitled to take his/her accumulated training credit (remaining training days) before the end of the employment contract (during the notice period).
It is up to the employer and the worker to decide what happens to these training days and how they can be taken.
If the notice period is replaced in whole or in part by severance pay, this outstanding training credit shall be considered a benefit acquired under the contract.
A derogation scheme applies for companies employing at least 10 and less than 20 workers expressed in full-time equivalents (for calculation, see above).
Number of training days per worker
In these companies, an individual right to training and a training credit of at least 1 training day per year must be guaranteed for a full-time worker employed for the full year.
To this end, the employer must determine the number of training days to which workers are entitled before 30 September of each year.
Transfer of the balance of training days and reset to zero
Important note! A full-time worker must have benefited from at least 1 training day on average per year:
Source: Law of 3 October 2022 containing various work-related provisions, Belgian Official Gazette of 10 November 2022.
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