The training plan, which has since January 1, 2019, been the skills development plan following the passage of the law “For the freedom to choose one’s professional future”, describes all the training actions proposed by employers to their employees.
According to its official definition, the training plan is a pedagogical course that achieves a professional objective. It aims to ensure the adaptation of employees to their workstation or in view of its digital, environmental or technological evolution for example. An obligation of the employer with regard to training provided for by the Labor Code. The right corporate training is essential in these matters now.
Two types of training actions in the training plan
The training actions that an employer can offer its employees as part of a training plan are of two types:
Training designed to adapt the employee to the evolution of his job, or to his retention in employment. They must allow the employee to acquire skills directly related to his function. They may also aim to provide skills to the employee whose position will evolve with certainty. It is the employer who decides that an employee should benefit from this type of training. The latter takes place during the working hours and the employee retains his remuneration and his rights to social protection. The employee cannot refuse this proposal. His disagreement amounts to misconduct that may be the cause of his dismissal under certain conditions
Skills development actions aimed at acquiring skills that are not necessarily useful to the employee in his or her job, but which will be used to gain career development within or outside the company. This type of training takes place during or outside working hours. In the latter case, its duration is fixed by a company agreement, or, failing that, is equal to 2% of the working time if the latter is defined by an agreement. The employee must agree in writing to his employer to follow skills development activities. He may refuse it without his disagreement constituting a fault or a reason for dismissal. In the case of training activities carried out during working time, the employee’s remuneration is maintained and he continues to benefit from his social protection. An employee may initiate a training request to his employer as part of these skills development actions. In this case, he must obtain his agreement to be able to follow this type of training.
Training can be organized internally or externally by a training organization. In all cases, whether on their own initiative or that of an employee, the employer has the choice to accept or refuse training as part of the skills development plan. These training actions can also take the form of a skills assessment for the purpose of professional development or validation of prior experience (VAE) which allows obtaining a professional certification.
In which case should a training plan be set up in a company?
An employer is not obliged to set up a training plan, even if it is more than advisable since it gives the possibility to make a balance of the needs of the personnel in terms of competences in order to allow the employees to be the most competent ones possible. When it sets up a training plan, the employer is free to choose the employees of his company who will benefit from these training actions, provided that his choice is not based on discriminatory elements such as the family situation of the employee, his sexual orientation, age, ethnic origin or trade union activities.