Employee Training – Is It Compulsory? We Explain
Article written by Telma Bacala ([email protected])
Training is a right of employees that is provided for in the Labour Code. The amendment to the Labour Code in 2019 increased the minimum number of mandatory annual hours of training (article 131(1)(b) of the LC) from 35h per year to 40h annually. In the case of fixed-term contracts with a duration of 3 months or more, the number of training hours in each year is proportional to the duration of the contract in that year.
Can the employee refuse the training?
No. Employees are obliged to attend training sessions, unless there is a duly proven justifiable reason.
Which training courses should i choose?
The content of the training should preferably be agreed between both parties, however in the absence of agreement the employer shall decide.
The training should be related to the employee’s area of work, related to information technology or related to the scope of health and safety at work and even foreign languages.
What about the expenses the worker will incur to attend the training?
Travel and other expenses incurred by the employee to attend the training should be borne by the employer since the employee is fulfilling a legal obligation of the employer.
It should be noted that training hours are paid, no value is deducted from the employee for the time he was absent from work to attend the training.
When should the trainings take place?
The Labour Code does not prohibit training outside working hours or on a rest day. However, if this happens, the employee is entitled to be compensated for the hours spent in training.
If the employee attends training on a normal working day, outside his/her working hours, but not exceeding 2 hours, these will be paid at the normal rate, and there will be no increase (art. 266, no. 3, paragraph d) of the Labour code.
If the number of hours in excess of the 2 hours referred to above is exceeded, the number of hours in excess must be paid as overtime work and in accordance with the rules defined in article 268, no. 1, paragraph a) of the LC). That is, 25% in the first hour and 37.5% increase in the following hours.
If the training is given on a compulsory day of rest, the additional payment rises to 50%, as provided for in art. 268, no. 1, paragraph b) of the LC). In these cases, in addition to the additional payment, the employee is also entitled to an additional day of rest.
What is the advantage of providing training to employees?
Training should not only be seen as a benefit for the employee, but also as an added value for both. Training, besides being an essential tool to update knowledge, favors professional insertion and also increases workers’ productivity.
Each year the companies have to declare in the single report “Relatório único” the number of hours of training given to each employee as well as the description of each training.
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