The article discusses the ongoing necessity for vocational training post-graduation, highlighting its role in equipping employees with essential skills and knowledge. It outlines various training schemes and legal frameworks governing professional development, emphasizing that employees generally cannot refuse such training as it is part of their employment contract. However, exceptions exist for situations involving significant changes to work conditions or discriminatory motives. The article underscores the importance of employer-employee agreements in specific training scenarios.
Even after completing formal education, individuals continue to learn through vocational training. This essential process allows employees to gain new skills and knowledge vital for their roles. According to the Ministry of the Economy, ‘in-company training enables staff to develop practical skills and interpersonal abilities that enhance their daily performance.’ Additionally, it promotes opportunities for career advancement within the organization.
There are various formats for training, such as workshops, sandwich courses, training leave, and structured training plans. The employer selects training sessions based on competencies deemed necessary for effective company operations. As outlined in the Labor Code, ‘continuing professional training is regarded as a straightforward fulfillment of an employment contract.’
Under Article L6321-1 of the Labor Code, training sessions provided to employees and funded by the employer must facilitate adaptation to specific job roles, help maintain employment capabilities, allow for transition into new positions during outplacement processes, or adhere to any applicable collective agreements. Additionally, such programs must comply with training obligations specified in employment contracts. Employers are also responsible for delivering training in health, hygiene, and workplace safety, which is classified as working hours and must be compensated accordingly.
Can Employees Decline Participation in Such Training?
Professional training is integral to fulfilling employment contracts, and employees generally cannot decline participation. If the training is part of the organization’s skills enhancement strategy, the employer holds the authority to assign it. These training sessions do not necessarily have to be directly related to an employee’s specific role; rather, they are based on the company’s needs and strategic goals. Unjustified refusal to participate may be viewed as misconduct, potentially leading to termination.
However, there are exceptions to this rule. Employer consent may be required in certain situations, such as when training occurs outside regular working hours, requires significant travel, involves skills assessment or validation of prior learning, or aims for the acquisition of a qualification or degree. In these circumstances, the employee must consent through a written agreement and may have the right to decline.
In some cases, the training may signify a change in the terms of the employee’s contract. For example, an employee can refuse training for managerial or trainer roles if they feel it diverges from their original job description or may lead to an unwanted transfer. Furthermore, an employer cannot compel an employee representative to attend training that removes them from their duties within the company. Discriminatory reasons for assigning training—based on age, gender, family status, or other factors—also allow employees to refuse participation.