Summary
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Individual Right to Training: the law of May 4, 2004
The law of May 4, 2004 implementing a reform of vocational training created a new right to training for employees.
The name of this right: DIF (Individual Right to Training) indicates that it is specific to each employee.
This right to training takes place alongside the already existing rights, among which we can mention:
- Individual Training Leave (CIF);
- the Company Training Plan (PFE).
Individual Right to Training: basic principle
Each year, the employee acquires 8 p.m. of training.
These hours can be accumulated within the absolute limit of 120 hrs.
A branch or company collective agreement may nevertheless provide for a higher threshold.
Certain collective agreements or professional agreements may provide for the acquisition of a greater number of hours per year.
For example the agreement of the Union of Local Missions of November 15, 2007 provides for a duration of 9 p.m. per year.
The law is silent on the date on which the right must be assessed.
Indeed, the date and period of acquisition are not specified in the texts establishing the DIF namely the National Interprofessional Agreement of December 5, 2003.
Unless otherwise indicated, it is calculated on May 7 of each year, given that the law entered into force on May 7, 2004. Thus, the first year of acquisition of the DIF was the period from May 7, 2004 to May 7, 2004. May 2005.
The companies can nevertheless “anticipate” the application of the law by now applying a count on January 1 of each year.
Which employees can benefit from the Individual Right to Training?
All employees can benefit from the DIF, regardless of the contractual duration of the work (part-time or full-time).
The DIF is open to employees on permanent contracts from the moment they can prove a year of presence effective in the company.
Small examples
A permanent employee has been with the company since April 1 (year N-1). On May 7 (year N), his right to the DIF will be open.
An employee on a permanent contract has been present in the company since July 1 (year N-1).
On May 7 (year N), his right to the DIF is not open because he does not justify a one-year presence within the company.
The right is open to fixed-term employees from the moment they can justify a period of activity of at least 4 months (consecutive or not), during the last 12 months. Their hour credit is calculated in proportion to their working time. For example, a part-time job will entitle you to 10 hours of training per year.
Employees who cannot benefit from the DIF
Cannot benefit from DIF the following employees:
- the trainees ;
- employees on professional training contracts.
Information by the employer
The employer must inform all staff each year of the rights acquired under the DIF in the following form:
RIGHTS ACQUIRED UNDER THE DIF | |
Rights acquired over period N-1 | ……h |
Rights used over period N | ……h |
Rights acquired over period N | ……h |
New Balance | ……h |
Numerical example
The employee has a right to DIF from 43 h to 07/05/2011.
From May 7, 2011 to May 6, 2012, the employee used 28 hours in training and acquired 20 hours.
The document submitted by the employer will therefore be:
RIGHTS ACQUIRED UNDER THE DIF | |
Rights acquired over period N-1 | +20h |
Rights used over period N | -28h |
Rights acquired over period N | +20h |
New Balance | = 35 hours |
Our tips:
Only the employee can ask to benefit from his credit of hours acquired under the DIF. Under no circumstances can the employer force his employee to follow training within the framework of the DIF. It is indeed an Individual Right to Training specific to each employee.