Belgium – Employers to register employee training data

What’s new?

Effective 1 April 2024, employers will be required to register certain information regarding the training of employees on Federal Learning Accounts (“FLA”). Employers will have until six months after the law comes into effect (i.e. until 30 September 2024) to register this information.

The new obligation is intended to provide employees with greater transparency around their legal right to individual training days, which at the moment is widely ignored in practice. For companies with 20 employees or more, employees are currently entitled to five training days per year (subject to certain principles / exceptions).

What training data needs to be registered?

Employers will be required to register, for each employee, their training rights and actual training undertaken, on their respective FLA account. In addition, employers may have to adjust or insert the number of training days in an FLA (this is calculated on the first working day of the calendar year) where this in incorrect / incomplete. Employers will be notified if they are required to insert the number of training days.

When does this information need to be registered?

Employers will have the duty to register or verify information on an individual’s FLA at the time of onboarding. Should an employee cease working, the employer will have to notify this on the platform (employer access will cease 30 days after notifying of the employee’s exit).

Employers will have an ongoing duty to update the information on all FLAs each quarter. In practice, training providers may add the information themselves, in which case the employer would only need to verify this.

Employers will also be required to transfer information received to a worker, where the employee did not register their email address. Should an employee request that information be corrected or added to their FLA, the employer must also do so, if they have access.

What are the consequences of non-compliance?

Failure by an employer to comply with the above obligations could result in negative publicity – with the legislator opting for a “naming and shaming” method of enforcement. A list, detailing names of employers who have failed to satisfy the requirements, will be published every quarter on the Federal Public Service of Work website and sent to the National Labour Council and competent Joint Committee.

So, what should employers do now?

Employers should prepare themselves to register the relevant data on employee FLAs. If you need any support with this, or would like any further information, please get in touch with a member of the MDR ONE team.

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