Mandatory Implementation of the Training Plan: Don't Miss the Deadline!

Under the law of October 3, 2022, starting in 2024, employers must draw up a training plan for their employees once a year, no later than March 31. With this deadline approaching, we would like to outline a number of important principles of the training plan for you.

• For which employers?

This requirement applies to employers who have twenty or more employees. Employers with fewer than twenty employees are therefore *not* required to draw up a training plan.

• The Structure and Implementation of the Training Plan

The employer is not required to follow a mandatory template and is free to determine the format of the training plan. However, the social partners do have the option of establishing, in the future through a collective bargaining agreement, the minimum requirements that the training plan must meet. This has not happened to date. Once the plan has been drafted, the employer must submit the draft training plan to the works council. This must be done at least fifteen days before the works council meeting, so that the members have time to review the plan and provide advice. If there is no works council, the union delegation must be consulted. If there is no union delegation either, the employer must submit the training plan to the employees themselves by March 15 at the latest. Following consultation and the provision of advice, the content of the training plan is finalized. This must be done no later than March 31 of the year to which the plan applies. Therefore, a review must be conducted annually. Finally, according to the law, the employer must provide a copy of the training plan to the official designated by the King within one month of the plan’s entry into effect. However, no official has been designated as of yet. For the time being, therefore, the training plan must simply be kept on file within the company. In any case, employees and their representatives must always be able to review the training plan upon simple request.

• Points to Consider

Although the training plan applies to all employees, special attention must be paid when drafting the training plan to employees who are at least 50 years old and to certain specific at-risk groups, such as employees with disabilities. The training plan must also address gender equality. For the time being, the law does not provide for any specific penalties if an employer fails to develop a training plan. In companies with a works council or union delegation, internal social dialogue will provide sufficient pressure to develop a plan. Do you have questions about developing and implementing your training plan, or other employment law questions? The attorneys at Crauwels Advocaten are here to assist you.