Skills development plan (ex-training plan) for an employee

Verified 07 September 2023 - Legal and Administrative Information Directorate (Prime Minister)

What is the Skills Development Plan (ex-Training Plan)? This is the framework that allows your employer to define its training policy.

The purpose of this training is to adapt to your job and your ability to take up a job. They can also aim to develop your skills.

We're giving you the regulations to know.

All employees can take training as part of the employer's plan.

The same is true if you are on a work-study program (apprenticeship contract, professionalization contract).

There's no no seniority requirement to access these courses.

The employer is free to choose employees that he wishes to provide training.

However, this choice cannot have discriminatory criteria (e.g. age, ethnic origin, family status).

Please note

You can ask your employer to take the training provided for in the plan. However, you must obtain their agreement to receive the desired training.

Compulsory training action

This is any training activity that conditions the exercise of an activity or a function, pursuant to a text (for example, an international convention, a law, a decree).

Example :

  • Mandatory training for real estate agents (required for card renewal)
  • Training in welders' qualifications

Your refusal to take the training is a mistake may justify your dismissal.

Non-mandatory training action

It includes all voluntary actions at the initiative of the employer.

Your refusal to take this training is neither a fault nor grounds for dismissal.

Proficiency assessment and validation of experience (VAE)

The skills development plan may also provide for skills assessment and validation of experience (VAE).

Your agreement is necessary to monitor these actions.

The rules are not the same depending on whether or not there is collective agreement.

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In the presence of a collective company or branch agreement

The agreement defines an hourly limit per employee.

Where the working time is fixed by a flat-rate agreement, this limit may be a percentage of the package.

Your agreement to this off-duty training is in writing.

You can go back on this agreement (we are talking about to withdraw from the agreement).

FYI  

L'collective agreement may also provide for compensatory payments to offset any child-care costs.

In the absence of a collective company or branch agreement

This limit must not exceed 30 hours per year per employee (or 2% from the package if you are on the package).

FYI  

Your agreement to this off-hours training is written.

You can return to it within 8 days of its conclusion.

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Compulsory training action

Yes, your remuneration is maintained.

Optional training actions

During working time

Yes, your remuneration is maintained.

Outside working time

No, your remuneration is not maintained.

This period is treated as normal performance of the contract of employment: you retain your seniority rights (e.g. paid leave).

The cost of training shall be borne by the employer.

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During working time

Your social protection is maintained. If an accident occurs during training, it will be a accident at work.

Outside working time

You benefit from social security legislation related to protection in the field of accidents at work and occupational diseases.

At the end of the training, the training organization will provide you with proof that you have taken the training.

You return to your job or an equivalent position with equal pay and qualifications.

The employer is not obliged to recognize the skills acquired during the training (by changing the qualification, increasing the remuneration, etc.).

However, it must do so:

  • In the event of a commitment on his part
  • Or if the collective agreement or contract of employment so provides.

Warning  

After the training, you can resign. However, your employment contract may include a deduction-from-training clause. It commits you under certain conditions to reimburse the training costs incurred by your employer in the event of resignation.

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