Training leave - who is entitled to it and under what conditions?
Although the labor market in Poland has been an employee's market for a long time, the trend of continuous improvement of qualifications by employees is not weakening. Providing employees with additional training by the employer and even investing in employee development by financing studies or sending them to training - is one of the key elements whether the employee will start working in a given workplace or not.
Permissions for employees improving their professional qualifications
The process of increasing skills can take place through the employer or solely on the initiative of the employee. If the enterprise is supported, additional profits and legal protection provided for in the Labor Code can be obtained. However, an appropriate agreement should be signed, specifying the rights and obligations of the parties, which may not contain provisions less favorable than those provided for in the Act. It is not necessary to draw up a contract if the employer does not oblige the subordinate to remain in employment after the end of the program. Read the article below and find out if training leave is the only privilege of an employee improving their qualifications?
Educational leave and other obligations of the employer
Pursuant to Art. 94 of the Labor Code, the obligations of business owners include facilitating the development of professional qualifications. Gaining or supplementing knowledge and skills must take place on the initiative of the employer or with his consent. For this reason, the employee is entitled to training leave and time off work for a specified period of time, which will allow for punctual arrival and attendance at classes. During this time, the employee retains the right to remuneration. The amount of remuneration is determined in accordance with the rules for granting holiday pay. This is stated in § 5 of the Regulation of the Minister of Labor and Social Policy on the method of determining remuneration during the period of non-performance of work and the remuneration constituting the basis for calculating compensation, severance pay, compensatory supplements to remuneration and other charges provided for in the Labor Code.
Training leave should be granted to the employee on working days.
The Labor Code does not directly regulate whether training leave should be granted once or recognized at various intervals. Therefore, the given conditions should be established on the basis of an agreement concluded between the parties. However, its size depends on the type of exam:
- 6 days - for an employee who takes an extramural exam, secondary school-leaving examination, confirming professional qualifications,
- 21 days - for the preparation of the diploma thesis and starting its defense in the last year of studies.
Polish law also provides for other benefits that may be granted by the employer. These include education, travel, textbooks or accommodation fees.
Employee's obligations related to raising qualifications
The concluded training contract is also binding on the employee and should constitute a well-thought-out decision. Based on Article. 1035 of the Labor Code, the employee is obliged to return benefits in the amount proportional to the period of employment after completing the improvement of professional qualifications or to the period of employment at the time of their improvement. The employer has the right to apply for reimbursement if one of the following conditions is met:
- the subordinate resigns or does not undertake to improve his qualifications without justifiable reasons;
- the employee terminates the employment relationship without notice or by notice within 3 years - except for providing mobbing as a reason;
- the employment relationship will be terminated due to the fault of the employee within 3 years.
Raising professional qualifications brings mutual benefits. Employee development can contribute to the improvement of the company's efficiency. Therefore, it is also important for the employer to invest in human capital. Regulating the contract and training leave in Polish legislation by introducing numerous amenities encourages professional development.