Corporate training is not designed in a vacuum. Before drawing up a training plan, any company must have a clear understanding of the regulatory framework governing its relationship with its employees, and the collective agreement is a central component of that framework. Ignoring it not only leads to labour disputes: it can invalidate agreements, restrict decision-making and result in avoidable costs.
What is a collective agreement and how does it affect training within a company?
A collective agreement is a an agreement negotiated between representatives of workers and employers in a particular sector, which regulates working conditions beyond the requirements laid down by law. It has the force of law: it is binding on all companies falling within its scope, regardless of whether they were involved in its negotiation.
When it comes to training, its influence is direct. It can establish rights to paid training leave, obligations arising from technological or organisational changes, criteria for internal promotion based on acquired skills, and conditions governing when training outside working hours may be required.
Which aspects of the collective agreement may influence training policy?
The areas with the greatest impact are employees’ rights to training, the criteria for internal promotion, and the conditions under which the company may require training outside working hours. Whilst each collective agreement is different, these elements have a practical impact on how training is planned and delivered.
Why the collective agreement should not be interpreted in isolation
The agreement is consistent with the Workers’ Statute and with the regulations on vocational training for employment. Interpreting it without that context leads to errors: assuming that something is not regulated because the agreement does not mention it, when in fact it is covered by general law, or accepting a common practice as valid without checking that it complies with all regulatory requirements.
Why choosing the wrong collective agreement can affect talent development and management
Applying the wrong collective agreement has immediate consequences: employees with training entitlements that differ from those recognised, poorly managed leave arrangements, or promotion criteria that are not in line with what was agreed. All of this leads to disputes and makes talent management more costly.
What factors determine which collective agreement applies to a company?
The applicable agreement depends on the company’s economic activity, identified by the code CNAE, the geographical scope and, in some cases, the size of the workforce. If there is a company-specific collective agreement, it takes precedence to the extent permitted by law, but it may not worsen the minimum conditions set out in the sectoral collective agreement.
How the Workers’ Statute affects training in your company
The Statute sets out the minimum framework, which no collective agreement may fall short of.
The right to career progression and vocational training at work
The Article 23 recognises the right to paid leave for examinations, adjustments to working hours for training and, in certain cases, the right to choose one’s shift. Article 4 sets out training as a fundamental right of the worker. These rights are enforceable regardless of the provisions of the collective agreement, although the agreement may extend them. They are of great practical importance: a worker may invoke them directly if the employer disregards them.
What restrictions and obligations should the company bear in mind?
Where training is necessary to enable an employee to adapt to changes in their role or to take on new duties, the company is obliged to provide it, bearing the cost and ensuring it takes place during working hours unless otherwise agreed. Failure to do so may give rise to a challenge to the organisational measure that prompted the training.
How to manage the right to training without causing industrial disputes
Recognising the right to training does not oblige the company to grant every request without applying criteria. The company may establish application procedures, set priorities where it is not possible to meet all requests at once, or agree on a protocol with the workers’ representatives. What it cannot do is systematically refuse such requests or make them subject to requirements not provided for in the regulations. Documenting the decisions and the criteria applied is the best protection against claims.
Compulsory, subsidised and voluntary training: differences every business needs to know about
Compulsory training is that required by law or collective agreement for the performance of specific duties: risk prevention, professional qualifications or compliance with regulations. It is the responsibility of the company and must take place during working hours. Subsidised training is funded through the FUNDAE credit, which is available to all companies that make Social Security contributions. It is not compulsory, but it represents an opportunity for professional development at little or no cost that many companies fail to take advantage of. Voluntary training is that which an employee undertakes on their own initiative, with no obligation on the company to provide or fund it, unless the collective agreement states otherwise.
What should be included in a training agreement between the company and the trainer?
When engaging an external provider, it is advisable to set out the agreement in writing, covering: learning objectives, content and structure, duration and delivery method, assessment criteria, monitoring and reporting obligations, confidentiality clauses and the responsibilities of each party. A well-drafted agreement prevents misunderstandings and protects both parties in the event of any issues.
How to tailor training to the collective agreement and the specific circumstances of each workforce
How to align training with roles, categories and business objectives.
The training plan must be based on the categories and roles defined in the collective agreement. Training all employees in the same way leads to inefficiencies. Aligning training pathways with the professional groups set out in the collective agreement and with the business objectives is what makes training an investment with a measurable return.
What varies depending on the sector, the size of the company and the type of workforce
An industrial company with an operational workforce has very different needs to a consultancy firm employing highly qualified staff. SMEs, moreover, have less scope to set aside time during the working day and require more flexible solutions. Platforms such as Educa.Pro allow learning pathways to be tailored to these realities through online training, microlearning and analytics that facilitate monitoring without disrupting day-to-day operations.
Common mistakes when managing training within a company and how to avoid them
No review the agreement Failing to do this before designing the training plan is the most common initial mistake. From there on: failing to document agreements with providers or communications with staff; failing to record attendance or results, which prevents companies from claiming subsidies and demonstrating impact; confusing compulsory training with subsidised training; and offering generic programmes that do not address any specific needs of the workforce.
Effective training management is not just a pedagogical issue. First and foremost, it is a matter of having a thorough understanding of the regulatory framework and acting judiciously within it.
