Obligation to participate in training courses organised by the employer of a worker may derive directly from legislation such as Article 2373 (3) of the Labour Code (training in health and safety at work, which should take place during working hours and at the employer's expense) or company documents e.g. employment contracts, work rules, a training contract or collective agreement.
There are circumstances that employers send workers on training to improve their professional qualifications outside their working hours or on non-working days, e.g. a Saturday or Sunday. It is understood that such training counts as working time, provided that the employer gives to the employee the service order for compulsory participation in a training course. If, on the other hand, the training is on a voluntary basis, and participation in it, although it is organised or designated by the employer, is not the basic obligations of employee laid down in Article 100 of the Labour Code, then the worker will not be entitled to compensation for the time spent on training
If the obligatory training takes place outside normal working hours, this time may be considered as overtime because of exceeding the daily duration of working time. If, however, such training coincides with a bank holiday, the employee must be given another day off in the agreed timeframe. The employer is obliged to grant the worker a full day off work, even if the training in a holiday was shorter than the daily working time of the staff member concerned. For holiday granted in return for a training session on holiday the employee should be paid normal remuneration.
It should also be noted that, in accordance with the judgment of the Supreme Court of 25 January 2005 in IPK 144/04 practical training of employees should be carried out in the context of an employment relationship, while outside that relationship it may be organised only if the purpose of training and methods of operation clearly predominate over the exercise of employees' duties. In case of doubt whether practical training should take place in the context of an employment relationship or outside , the Supreme Court stated that a solution would be to organise it in the framework of the rights and obligations arising from an employment relationship.Share Print