Public sector: introduction of a training clause for Brussels civil servants

By
REMY Camille – Legal Advisor,

on
March 29, 2024

A recent decision of the Brussels Capital Government has amended the administrative status of civil servants of the regional public services and public utility institutions in Brussels to introduce a training clause.

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1. Scope

This new measure concerns statutory employees of the following regional public services and public utility institutions (ION) in Brussels:

• Center for Informatics for the Brussels Region;
• Brussels Institute for Environmental Management;
• Brussels-Capital Service for Fire and Emergency Medical Assistance;
• Institute for the Promotion of Scientific Research and Innovation of Brussels;
• Brussels Planning Office;
• Brussels Regional Housing Company;
• Actiris;
• Regional company of the Port of Brussels.

The Brussels IONs that are not included in the list, but which have made the administrative and financial status of the listed IONs applicable, are also included. These include:

• Brussels Prevention and Security;

2. Principle

The training clause is the clause under which a civil servant who, during his employment within the organization, follows training at the expense of the employer, undertakes to repay part of the training costs to the latter if he leaves the organization before the end of the term. the agreed period.

3. Modalities of the training clause

3.1. Drafting a document

The clause must be established in writing for each official individually at the latest at the time of registration for the training course covered by this clause. The document must contain a series of mandatory statements:

• a description of the training, its duration and the place where the training will take place;
• the cost or cost elements that allow to estimate the value of the training (excluded: the remuneration owed to the civil servant in the context of the performance of his duties as well as travel or subsistence costs);
• the starting date and duration of the training clause;
• the amount of reimbursement of part of the training costs, paid by the official, which the official would have to repay at the end of the training;
• the fact that the civil servant has been informed in advance about the training clause, its duration and its consequences.

3.2. Validity period

The period of validity of the training clause may not exceed 3 years and must be determined taking into account the costs and duration of the training.

3.3. Amount of refund

The amount of reimbursement owed by the civil servant in the event that the duration agreed in the training clause is not respected is determined as follows:

• 80% of the training costs in the event of the civil servant’s departure before 1/3 of the agreed period;
• 50% of the training costs in the event of the official’s departure between 1/3 and no later than 2/3 of the agreed period;
• 20% of the training costs in the event of the official’s departure after 2/3 of the agreed period.

This amount may never exceed 30% of the official’s annual salary.

3.4. Conditions of existence

For the training clause to be valid, it is necessary that:

• the civil servant’s gross annual salary, in force at the time of the application, is higher than EUR 16,100 (indexed amount: EUR 32,842.39). The condition does not apply if the training clause relates to training for a profession or a position that appears on the lists of shortage professions or positions that are difficult to fill within the Brussels Capital Region;
• the training enables the civil servant to improve or maintain his knowledge and skills relating to the job and function he performs or could perform, or to acquire new professional skills that he could use within or outside the organization;
• the training does not fall within the regulatory or legal framework required for the exercise of the profession for which he has been hired. The condition does not apply if the training clause relates to training for a profession or a position that appears on the lists of shortage professions or positions that are difficult to fill within the Brussels Capital Region;
• the training does not fall under the category of mandatory training referred to in the law on partial transposition of the European directive on transparent and predictable employment conditions in the European Union;
• the training must last 80 hours or be worth more than twice the average guaranteed minimum monthly income (4,059.76 euros on April 1, 2024).

3.5. Reasons for refund

The civil servant is obliged to reimburse training costs on a degressive basis if, before the end of the agreed period, he:

• resigns;
• was dismissed ex officio or his removal was decided in the context of disciplinary proceedings;
• leaves the training without a valid reason.

3.6. Elaboration of the clause

The training clause has no effect when:

• the civil servant’s employment is permanently terminated without any disciplinary proceedings;
• the civil servant resigns due to a serious error by the employer;
• the employment relationship is terminated during the internship period;
• the civil servant leaves his position for a position in another Brussels organization (other public service or ION, municipal council, community commission, services of the Brussels Parliament, etc.).

It should be noted that the civil servant remains the holder of his diplomas or certificates obtained during the training and must have the original or a certified copy, regardless of whether or not the training clause has effect.

4. Entry into force

This new measure will come into effect on March 30, 2024.

It is important to specify that the measure does not affect training that is already underway at the time the measure comes into effect.

Source : Decree of the Brussels-Capital Government of 7 March amending the decision of the Brussels-Capital Government of 21 March 2018 on the administrative status and remuneration scheme of civil servants of the regional public services of Brussels, and of the decision of the Brussels-Capital Government of March 21, 2018 containing the administrative status and remuneration scheme of civil servants of public utility institutions of the Brussels-Capital Region and introducing a training clause, Belgian Official Gazette, March 20, 2024.