Vocational training: legislation and obligations – Braga

2023-02-20

Did you know that you are obliged to have a professional training plan for your employees?

Vocational training in companies encourages employees to develop the tools and skills they need in their day-to-day work.
Training plans motivate employees to grow and develop in the course of their work.
At the same time, they bring great benefits to companies: they help to reduce turnover and stimulate higher levels of productivity.

This article will answer the following questions:

What are the advantages of giving workers professional training?
What does the legislation say about vocational training?
Frequently asked questions about vocational training.

Advantages of Vocational Training

Hiring experienced and efficient employees is not always the most effective or sufficient strategy to ensure a company’s growth and development.
In order to stand out in a market that is constantly evolving, professional training is fundamental and essential.

It is crucial to create and foster an organizational culture that encourages continuous learning in the workplace.
Vocational training is therefore very beneficial in various aspects, such as:

Increases worker productivity and profitability

Bearing in mind that Portugal is still one of the countries with low educational qualification rates, it is understood that this problem becomes one of the biggest obstacles to increasing productivity and competitive potential.

Vocational training therefore becomes a solution and an opportunity to increase the productive capacity of each employee and, consequently, the company’s performance.

Develops and promotes team spirit

During these trainings, companies give their employees the opportunity to learn while interacting with each other outside of work.
Consequently, these activities become a driving factor for workers from different teams to interact with each other.

Motivates employees and promotes their well-being

Constant learning and development is closely linked to human mental health and well-being.
Learning new things is one of the ways to develop the confidence and self-esteem of your employees.

Frequently asked questions about Vocational Training and the Labor Code

Is the company legally obliged to provide professional training for its employees?

Yes.
The Labor Code specifies that all companies have an obligation to provide professional training for their employees.
This training must qualify workers and ensure that they have access to ongoing training in the workplace.

The period of continuous training in the workplace provided for by law is 40 hours per year.
In the case of workers on fixed-term contracts lasting more than three months, the training hours are proportional to the length of their contract.

Does the company have to provide vocational training to all employees at the same time?

No.
The legislation only stipulates that the employer must ensure ongoing training for at least 10% of the company’s employees every year.

However, it is the company’s obligation to organize a training plan for its employees.
This must take into account the 40 hours of compulsory training and must be consultable by its employees and their representatives.

Is the employee obliged to attend vocational training offered by the company?

Yes.
The employee’s duties are set out in Article 128 of the Labor Code and include the obligation to actively participate in vocational training provided by the employer.

This means that it is not only the company’s legal obligation to provide training, but workers are also obliged to attend it.

Can compulsory vocational training take place outside of working hours?

Yes.
The company can organize vocational training outside of working hours and even during time off.
However, it must compensate the employee accordingly.
If the training does not exceed two hours of work, it is paid at the normal rate.
However, if it does exceed two hours, it must be paid in accordance with overtime rules.

What happens in the event of default?

Mandatory training that is not given to each employee is transformed into training credit.
After two years, this can be used by the employer to attend external training.
If the employee terminates their contract before using their credit, they will be entitled to compensation for the missing training hours.

The supervisory body responsible is the Workers’ Conditions Authority (ACT), which can impose fines if it considers that the law is not being complied with.
These vary according to Art. 554 of the Labor Code.

What does the law say about Vocational Training?

The employer’s obligations with regard to training are laid down in national legislation at various levels:

law 7/2009, of February 12th, Art. 127, no. 1 – employer’s duties, point i)“(…) to provide the worker with appropriate information and training to prevent occupational risks of accident or illness (…)”
Law 7/2009, of February 12, Art. 131. “(…) the worker is entitled, each year, to a minimum number of forty hours of continuous training or, if hired on a fixed-term basis for a period of three months or more, a proportional minimum number of hours (…)”
Law 3/2014, of January 28, updated Law 102/2009, of September 10, art.20: maintains the wording given, determining the employer’s obligation, in terms of employee training, namely:
- 1. “(…) adequate training in occupational health and safety, taking into account the job (…)”;
- 2. “designated workers (…) must be guaranteed ongoing training for the performance of their duties”;
- 3. “(…) the employer must train the sufficient number (…) of workers responsible for implementing first aid, fire-fighting and evacuation measures (…)”;
Decree-Law 50/2005 of February 25, art. 8: regulates the minimum health and safety requirements for workers when using work equipment and determines:
- 1- The employer must provide workers and their occupational health and safety representatives with adequate information about work equipment.

SEPRI Training offers face-to-face training, synchronous distance learning(via zoom or teams) and asynchronous distance learning(via our e-learning platform).
Contact us: comunicacao@sepri.pt/ 253 271 525 .