Training obligation

With the introduction of the WWZ employers have a training obligation. This means that employers have to offer employees the opportunity to follow training required to do their job. The employer also has a training obligation focusing on continuing the employment contract if the employee’s job is made obsolete or if the employee is no longer able to do the job. This obligation's main goal is the prevention of dismissal. Furthermore, there is a possibility to pay the training obligation costs, where the training does not concern skills required for the employees work, from the transition payment. However, this does require the employees' consent.

Please note: this training obligation is also important in cases of dismissal. With the introduction of the WWZ employers can only terminate the employment contract with employees if there is a reasonable ground (see also: New dismissal law) and if it is impossible to reassign employees to another job, with training or not. Also, employers cannot dismiss employees for inadequate performance if this is caused by employers taking insufficient care of the training of employees.

Practical pointers

• Reserve an annual budget for training;
• Identify and list internal training needs, if necessary based on job descriptions available;
• Identify and list training offers suitable for the jobs;
• Register the costs of the training followed and paid for and note this in the employment file;
• Determine if the training fits within the bounds of the transition payment and come to an agreement with the employee.
• Also register if employees refuse training.