For effective performance in your role, it is sometimes important to undertake a training or course, in addition to any completed education. The rules are constantly changing. Therefore, it is good to be aware of the latest developments.
Statutory training obligation for employers
When you are employed by an employer, your employer may request you to attend a necessary or desirable course. Since 1 July 2015, there has been a statutory training obligation for employers. The regulation states that the employer must enable the employee to attend training and courses necessary for the performance of the role. Additionally, the training obligation is also important in cases of underperformance or redundancy. The employer is required to finance such training and courses. As an employee, you can therefore request the employer to allow you to attend important courses.
Mandatory or non-mandatory
A distinction is made between a mandatory and non-mandatory course or training. When the employer requires you to attend a course or training as part of your role, this can be considered as working time. It is not always necessary for the course or training to take place during working hours. Course days or times can also fall during your free time. If the employer then requires you to attend a course as part of work, the time you spend on it will generally be considered as working time. This is compensated with either pay or time off. If your employer asks you to attend a course, you cannot simply refuse.
Note: The time spent on a voluntary course is not considered working time because you could have allocated your time differently. It is a personal choice.
Study cost clause
It is possible for the employer and you to make an agreement about the costs incurred for the training or course. This will mainly concern the repayment of costs if you resign within a certain period. As time passes, the amount to be repaid will be proportionally reduced. Such an agreement is called a study cost clause. A study cost clause can only be agreed upon in writing and must be clearly drafted.
Note: Never sign a clause without having it checked by a legal expert. It can then be assessed whether the arrangement is reasonable or not.
CLA
CLAs often contain agreements regarding training and contributions to course costs. The CLA hospitality provides a scheme for a Your career budget in article 5.1.