FAQ – CBA BANKS – training section
Article 27 of the CBA Banks 2018-2020 states that the employer shall grant a budget of 1.5 % of the reference wage bill for training and employability for the year 2020. In practice, several Delegates have addressed similar questions to us, and it is worth taking stock of the situation.
What is the reference wage bill?
Quite simply, it is the sum of all Gross remuneration of the employees covered by the agreement, of which 1.5 % is calculated, and this amount must be used to finance the training of the employees covered by the agreement. Nothing prevents a company from investing more, of course. Note that employees out of the CBA are not covered by this Article 27, but it is logical that the company should also invest in their training and employability.
If this training envelope has not been spent during that particular year, because of the health crisis, can it be capitalised and used in subsequent years?
In the particular context of the Covid-19 pandemic, understanding is needed. An employer cannot be blamed for not investing in training courses that have been cancelled. However, any training planned and granted in 2020 should not, however, be taken from the 2021 envelope, but from a 2020 budget. Generally speaking, companies could also be expected to carry this 2020 balance over to 2021, given how important training is nowadays.
If the training envelope is not fully spent this year, can it be used to buy computer equipment to enable staff to telework under better conditions?
Upon suggestion of the Staff Delegation, the company could indeed use this training envelope to equip employees covered by the agreement to telework and enable them to carry out their tasks under good conditions. However, the company is not obliged to accept it. The unused training envelope could also be used to further enhance the value of the staff’s investment in such a special and difficult year.
What right of supervision does the staff delegation have over the use or non-use of the training envelope?
The Collective Banking Agreement (Article 30 – Access to training) states that “in accordance with Art. L.414-9 of the Labour Code, in companies employing at least 150 employees and without prejudice to the application of other legal or contractual provisions, decisions concerning the establishment and implementation of any continuing vocational training programme or collective action must be taken by mutual agreement between the employer and the staff delegation. »
But whatever the size of the company, and if social dialogue is complicated, ALEBA advises requiring the external auditor to confirm the existence and use of the 1.5% envelope for training. The same applies to the 1% envelope aimed at rewarding the acquisition and development of skills (Article 14).
What are the consequences for the employer if he does not respect this investment in terms of training?
First of all, it would send a very bad signal to the company’s employees. Training is a major issue, and the company has not only a contractual obligation to respect, but also and above all a social responsibility in this area.
In case of concern, and after having exhausted all internal social dialogue, we invite the Delegations to contact the ALEBA, which will take up the matter in a joint Trade Union/ABBL Committee. If the employer does not want to hear anything, the ALEBA will take the matter to court for failure to respect an industry agreement.