Leave to train a labor counselor
Verified 23 June 2023 - Legal and Administrative Information Directorate (Prime Minister)
You are designated as a Prud'homal advisor and you wonder how the training will go to perform this function? You have absence permission for this training. The employer can't refuse you. During this absence, your rights concerning your remuneration, the determination of paid leave, your seniority, your social security cover are fully maintained. We present you with the information you need to know.
A labor counselor is a lay magistrate. Its mission is to settle individual disputes between employer and employee in the prud'homme council. Such disputes may arise in connection with any employment contract.
To receive this training, you must be an employee and be appointed as a member of a labor council.
The Ministry of Justice has posted a information portal on the appointment of labor councilors.
You can request permission to be absent:
- As soon as you are appointed
- And before sitting as a member of a labor council.
You must make the request to your employer by any means that gives him a certain date (example: registered letter with acknowledgement of receipt).
This letter must specify all of the following:
- Date, Duration, Training Schedule
- Name of the institution responsible for providing the training.
In case of absence equal to or greater than 3 consecutive working days, the letter must reach your employer 30 days in advance.
In case of absence less than 3 consecutive working days, the letter must reach your employer at least 15 days in advance.
No, the employer is obliged to accept your request for training.
You are trained 5 days :
- If you are a new councilor and have never held a labor office
- Or if you did not fulfill this obligation during a previous mandate.
This training is organized by the National School of Judiciary.
If you have not completed this training within 15 months as of 1er day of 2e months after your appointment, you are considered to have resigned.
During your term of office, you benefit from Maximum 6 weeks of training.
This absence may be fragmented but may not exceed 2 weeks in one calendar year.
This training is organized by recognized organizations.
Such training may not take place during paid leave.
Training leave shall be treated as actual working time.
Thus, you retain your rights related to:
- To your remuneration
- The determination of paid leave
- At your seniority
- And your social security coverage.
Arrangements exist for the partial or total payment of your travel and subsistence expenses during initial training.
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The National School of the Judiciary gives you an individual certificate of training on condition that you have taken this training.
You hand it over:
- To the President of the Labor Council
- And to your employer.
TO your return to the company, you must provide your employer with proof that you have actually completed the training.
This certificate shall be issued by the body responsible for training.