A common perception regarding employee training is that employers have a "certain responsibility" for it. This was also the case until July 1, 2015. At that time, an employer's training obligation was often based on the standard of good employer practices. As of July 1, 2015, the employer's training obligation has been explicitly included in the law. What does this training obligation actually entail?
Compulsory education explicitly included in the law since 2015
Since July 1, 2015, employers have had the following legal obligation: "to enable the employee to undergo training necessary for the performance of their duties and, to the extent reasonably expected, for the continuation of the employment contract if the employee's position becomes redundant or they are no longer able to perform it." The Work and Security Act (WWZ) distinguishes between different types of training:
Labor market-oriented training for other work within your organization is only mandatory if it can reasonably be expected of your organization. What constitutes reasonable training depends on various factors, such as the cost and duration of a particular course or program. Note: Labor market-oriented training for work outside your organization is not covered by the training requirement.
Education plays an important role in dismissal
Not offering training can have consequences. For example, in a dismissal situation for economic reasons—such as a reorganization—your organization is also obligated to offer training to an employee. Your organization must then comply with this training requirement before the position becomes redundant. Even an employee who no longer meets the job requirements can only be dismissed by your organization if sufficient training has been provided. If it turns out that the poor performance is related to a lack of opportunities for training, the court can reject a request to terminate the contract. Therefore, determine to what extent (legal) requirements regarding training and certifications apply to employees' positions. Also, offer periodic refresher courses to ensure employees can continue to perform adequately.
Source: Cedeo
