As a result of the training reform, the skills development plan replaces the old training plan. This new plan is much talked about in professional training circles. But then, do you really know what a skills development plan is?
Since January 1, 2019, the training plan has been replaced by the skills development plan. It allows employees to follow training courses requested by the employer in view of the constant changes in the current professional context following the emergence of new technologies. In addition, employees will still be able to follow training courses on their own initiative thanks to their personal training account.
The employer has two obligations. Firstly, he must guarantee that employees remain in employment by facilitating their access to training. Secondly, it must ensure that employees are properly adapted to their jobs.
What exactly is the skills development plan ?
The skills development plan is the ancestor of the training plan. As its name suggests, its aim is to encourage companies to develop the skills of their employees by offering them training adapted to their sector in order to capitalise on their knowledge as effectively as possible.
It is a document gathering all the training actions decided by the employer for the coming year. Moreover, some of these training courses are compulsory according to collective agreements. Conversely, others are optional.
According to article L 6321-1 of the Labour Code, the employer has two obligations. Firstly, he must guarantee that employees remain in employment by facilitating their access to training. Secondly, it must ensure that employees are properly adapted to their jobs.
This new reform also simplifies the definition of training, which now designates a pedagogical path aimed at achieving a professional objective.
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Who is the Skills Development Plan for?
To begin with, it is aimed at employers who can decide which of their employees will have access to training, depending on their objectives and skills. However, the law specifies that this choice may in no case be based on discriminatory grounds such as ethnic origin, family situation or trade union activities. Moreover, the plan concerns all enterprises, regardless of their size.
In particular, this new reform is aimed at employees. The employer may impose training on his employee, in which case the employee will be unable to refuse. Any refusal could be perceived as professional misconduct that could lead, if necessary, to dismissal.
Conversely, the employee may himself apply to his employer for training by demonstrating his reasons, for example during his annual professional interview. The law does not impose any procedure in this case, the employer can accept or refuse the training as he sees fit.
How is the training going?
Once the training is set up between the employer and the employee, the latter is obliged to follow it assiduously. The training is treated as the normal execution of the employment contract, which means that the employee will keep his or her usual working hours and will not be entitled to be absent without justification or to return to his or her job before the end of the training.
During the training, the employee is paid and socially protected (health insurance, work accident, right to leave and retirement), in the same way as if he were present in his company. The cost of the training is entirely borne by the employer, as are any catering or accommodation costs that the training may entail.
What happens after the training is completed?
At the end of the training provided as part of a company's skills development plan, the training organisation issues a certificate to the employee. The employee can then return to his or her workspace. The employer is under no obligation to recognize the new skills acquired by his employee, which means that the latter will not necessarily be granted a promotion or a salary increase.
Conversely, the employer may grant the employee a new qualification with corresponding remuneration if he recognises the skills acquired. This decision may have been taken beforehand, when the training was set up, or if the company's collective agreement provides for such recognition.
The employee remains free to resign after the training if he or she wishes to do so. However, if the employment contract provides for a forfeit-training clause, the employee will be obliged to reimburse the cost of the training to his employer if he does not agree to remain with the company for a certain period of time (from 2 to 5 years depending on the duration and cost of the training).
As you will have understood, the purpose of this new law is to keep employees in their current positions while allowing them to continue to learn about changes in their profession. Are you concerned by this skills development plan? Do you have to follow a training course planned within this framework?