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Belgium Introduces Right to Individual Training for Employees
As of 2024, all employees in Belgium will have the right to individual training, regardless of their sector or industry. This new legislation aims to promote professional development and upskill workers in the private sector.
According to the “Labour Deal” Act of 3 October 2022, companies with 10 or more employees must provide at least five days of individual training per year for each full-time employee. However, this number may be prorated for part-time workers or those who have not been employed for a full calendar year.
What types of training are included?
- Formal training
- Informal training
- Training on matters related to worker well-being during work hours
Employees can take their training during or after normal working hours, with pay for the latter. Unused training days are carried over to the following year, with a five-year limit before they expire.
Federal Learning Account Introduced
To manage employees’ right to individual training, a new digital platform called the Federal Learning Account was introduced in 2023. Companies must record information regarding professional trainings on this platform quarterly, including employee data, working hours, and training credit.
Employers have a duty to inform new hires of their individual Federal Learning Account and register personal data within 60 calendar days of starting employment. Existing employees can access their account by registering an email address on the mycareer website or communicating it via the e-Box.
Training Plans Required for Companies with 20+ Employees
Companies with more than 20 workers must set up a training plan annually, including an overview of formal and informal trainings available to employees. This plan should focus on risk groups, such as:
- Workers aged 50+
- Those with disabilities
- Foreign workers
- Specific jobs in short supply within the sector
Consultation Obligation
Companies must consult with their Works Council or Trade Union Delegation to issue their opinion on the training plan by 15 March each year. In the absence of these collective bodies, companies must present their plan to employees before 15 March at the latest.
Non-Compliance Risks Blacklisting
Quarterly, companies in default with respect to registration obligations under the Federal Learning Account will be blacklisted and published on the website of the Federal Labour Ministry. This “naming & shaming” list aims to ensure employers comply with their administrative duties.
As the Federal Learning Account platform is still under construction, it’s essential for businesses to prepare for their new obligations to inform workers and future hires of their right to individual training. Non-compliance risks being publicly blacklisted on the Federal Labour Ministry website. Employers should factor in time for consultation with employee representatives regarding training plans to ensure compliance by 31 March each year.