Case Study: Skills Development Plan

Case Study: Skills Development Plan

As of January 1, 2019, the Skills Development Plan replaces the training plan. It allows employees to take training actions on the initiative of their employer, as opposed to training that they can take on their own initiative through their personal training account.

The employer has two obligations in terms of vocational training: adapting to the job and maintaining the employment of employees; it can also propose actions that contribute to the development of skills (Article L 6321-1 of the labour code).

The employer also has an obligation to train in general safety (art. L 4121- and L. 4121-2 of the labour code).

The Skills Development Plan lists all the training actions put in place by the employer for its employees, some of which are mandatory under an international convention or legal and regulatory provisions (Article L 6321-2 of the Labour Code).

The concept of training action is simplified, with a new definition: training action is an educational path to achieve a professional goal.

It is now possible to carry out training in a situation of work (FEST), in addition to training in the present or all or part remote.

Who is affected by the Skills Development Plan?

On the employers' side

Developing a skills development plan can affect all businesses of any size. Whether or not a competency development plan is implemented is the employer's full decision, after consultation with staff representatives.

On the employee side

Any employee may be subject to a training action provided for by his company's skills development plan.

The departure in training is then equated with the normal performance of his employment contract. He cannot object (except in special cases): the employer's request is within its management power, not submitting to it can be characterized as malpractice that could justify, if necessary, dismissal.

The employee can take the initiative to apply for training under the company's skills development plan. The law does not impose any procedure: the request and the answer are formulated freely, according to the conventional practices or provisions that may exist in the company.

The employer is free to refuse or accept. If the employer agrees, the employee's departure into training remains tantamount to the normal performance of the employment contract. These issues can also be addressed between the employer (or its representative) and the employee, during the mandatory biannual professional interview.

What are the training actions under the Skills Development Plan?

It is important to distinguish:

mandatory or necessary training actions that are those that condition the exercise of an activity or function under an international convention or legal and regulatory provisions. They constitute effective working time and result in the employer maintaining remuneration;

training actions other than the above, so-called non-compulsory: they also constitute actual working time and give rise to the maintenance of remuneration, except when they take place outside working time.

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