The recently introduced Belgian Federal Learning Accounts (FLA) prompt initial actions from Belgian employers by 30 November 2024, unless…
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Belgium
I am a partner in our Employment team in Brussels, where I advise and represent our clients in a wide range of matters relating to employment and social security law.
Senior Associate
Belgium
I am an associate in our International HR Group in Brussels where I advise our clients with respect to individual and collective labour law issues, as well as social security and HR matters.
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Belgian employers face a new administrative requirement with the introduction of the Federal Learning Account (“FLA”). In addition to setting up a training plan to be presented to employees (or their representatives where applicable) by March 15 each year, Belgian employers will now be regularly required to register the training courses attended by their staff on a public platform. This requirement must be fulfilled for the first time by no later than November 30, and subsequently on a quarterly basis. Although there are no criminal penalties for non-compliance at the moment, HR departments are struggling to manage the weight of these new responsibilities. However, uncertainty looms as the next Belgian federal government may decide to abolish the system, maybe even before the 30 November 2024 deadline.
What is the FLA?
The FLA is a digital platform accessible to employees through www.mycareer.be. It tracks the training courses employees undertake throughout their professional careers in Belgium. The FLA is designed to improve the management of individual employees’ training rights and to allow better oversight of training activities during their employment. The platform records various details, including employee identification, information about their employers, mandatory trainings, and the training days earned, taken, and remaining, including those for the current year.
Employers obligations’ the FLA triggers
Once registered with the FLA, employers must fulfil several obligations:
a. Register employee data: Employers are required to register each employee’s personal data within 60 calendar days of hiring. This data must be updated as necessary, and employees must be informed annually about the existence of the FLA, the personal data being processed, how to use the platform, and the status of their training entitlements.
b. Register training courses: when an employee completes a training course, the employer must record the following information in the FLA:
- Training details: this includes various forms of training, such as those organised by professional federations, seminars, workshops, on-the-job training, and more.
- basic information: employers must provide details such as the start and end dates, the nature of the training (formal/informal/accredited), any outcomes, and the means of financing.
- duration: the total hours or days dedicated to training should be documented, with days converted to hours according to the regular working hours of a full-time employee.
These training records must be updated quarterly, with deadlines set for the end of the month following each quarter. For the initial batch, employers must complete registrations by November 30, 2024. For subsequent quarters, the deadlines will follow the established schedule (e.g., for Q1 January-March, by the end of April).
Note: For formal training, the training provider may directly register the course details in the FLA.
c. Ensure Data Accuracy: Employers are responsible for ensuring that all data entered into the FLA is accurate and up-to-date, even if it was entered by a training provider. Employees have the right to request corrections to any incorrect data or to ask for any missing information be added at any time.
Consequences for non-compliance
While there are currently no criminal or administrative penalties for failing to comply with these obligations, non-compliant employers will be publicly listed on a "name and shame" list maintained by the Federal Ministry of Employment. This list is updated quarterly and is shared with inspection services and industry committees. Employers have 30 calendar days to rectify any issues and can be removed from the list once corrections are made. Additionally, employees whose training is not properly recorded may theoretically claim additional training days.
A system facing elimination?
There is significant uncertainty surrounding the future of the FLA. Potential members of the next Belgian federal government have expressed clear intentions to abolish the FLA and the related employer obligations (including the general employee entitlement to 5 training days per year). However, the government is still in the process of being formed, and any formal decision to abolish the FLA could take months. If the current government configuration remains in place, the FLA may still be in force, at least until after the initial November 30 filing deadline.
In any case, savvy employers might consider delaying their compliance efforts for the first deadline as long as possible. This cautious approach could prevent unnecessary work if the system is indeed abolished before the November 30 deadline. However, employers should remain prepared to act quickly if the FLA remains in place.
Conclusion & action items
Despite widespread criticism and the possibility of the FLA being scrapped, employers must prepare to comply with the current requirements. By November 30, 2024, they must register the required data for their employees and continue to record training activities quarterly. Employers should also stay informed about any potential changes to the FLA that could arise from ongoing government negotiations.
