Faced with the inconvenient reality that we all need to work longer to keep state pensions affordable, the Belgian government is committed to ensuring that the country’s workforce stays up to date and employed. We are placing greater emphasis on training our employees to ensure they have the specialized skill sets possible. their career.
The Belgian Labor Agreement passed in 2022 established the right to training for individuals. From January 1 of this year, full-time employees will be entitled to five training credits per year. Employers with at least 20 staff (full-time equivalent) are required to draw up an annual training plan, which must be drawn up and registered with the Ministry of Employment at the latest by 31st March of the relevant year. (but see below for more on this). ). Plans can cover only the next year or, if agreed to by employees or their representatives, can extend several years into the future.
At a minimum, the plan should include the formal and informal training that the company wants to provide to its employees. You must specify the target group that each of these training courses is intended for. Furthermore, plans should also consider gender aspects (meaning that access to training should not be directly or indirectly dependent on the gender of the employee; for example, if female employees are underrepresented) (e.g., focusing training efforts on valued categories of employees). Employers will pay particular attention to certain target groups with more difficult access to the labor market, such as employees over 50, those who were unemployed at the time of recruitment, employees with reduced work capacity, and workers. is needed. Employees in bottleneck jobs (i.e. jobs for which there is a shortage of candidates) and employees under the age of 26 who are participating in dual study programs.
Training plans may take into account both formal and informal training. Each percentage is determined by the company, and industry-specific or industry-level guidelines and restrictions may apply in this regard.
formal Training courses are courses and internships developed by professional trainers, whether internal or external. Usually they are:
- largely organized by trainers or training institutions
- Held in a location clearly separated from the workplace (although this is not a legal requirement)
- Aims to provide specific skill sets to specific groups of students
- Developed or managed by your employer or external organization.
informal Training is training that does not meet the requirements for formal training, but is directly related to the job and meets the following conditions:
- “A high degree of self-organization by individual workers or groups of workers regarding the time, location, and content of training.”. This mysterious explanation was formulated by the Belgian National Bank, and unfortunately that’s all we can understand at the moment. What we want the bank to say is that employees simply carry out their duties. However, informal training may include participation in conferences and trade shows, self-study, on-the-job training, etc. This may also include coaching.
- The content of the training will be tailored to meet the current and future needs of employees in the workplace.
- The content is directly related to the job or workplace, meaning it is intended to benefit the department or the business as a whole.
What is the process?
If the company has a works council or trade union delegation, the draft training plan must be submitted to that delegation for consultation at least 15 days before the meeting with management to discuss the plan. Works councils or trade union representatives must submit their comments by March 15 at the latest. It is good practice for employers to consider your opinion, but they are not bound by it. The final content of the training plan must be adopted by her by March 31st.
If there is no works council or trade union delegation, the training plan must be communicated to all employees by March 15 at the latest. In these situations, there is no need for formal consultation, but it is reasonable to ask the employee if they have any input on the plan. The content of the training plan must again be finalized by March 31st.
In principle, the plan should also be communicated to the Ministry of Employment, but how this will be done in practice has not yet been determined by an appropriate Royal Decree, so for now it is sufficient to keep a copy of the plan. . On company premises (or on the intranet).
Note also that the legislator has introduced the possibility of a joint committee (an industry-level legislative body) to determine the minimum requirements for these training plans. For example, the Joint Committee of 200 has concluded a collective agreement on training and developed a model training plan.
What if not?
Collective bargaining agreements do not include specific sanctions for employers who fail to develop training plans. The situation may be different if your department imposes minimum requirements developed through collective bargaining. Level 1 sanctions (administrative penalties of between €80 and €800) can be imposed on employers who fail to comply with collective agreements declared generally binding in their sector.
Of course, we would be happy to guide you through the process of developing your training plan (and determining whether the arcane definition of informal training is met).