MANDATORY TRAINING COURSE

If the course is provided out of necessity or convenience of the company, it may require the worker to attend.

If a company organizes a course related to job duties and its content is part of the employees’ tasks and professional classification, it can demand their attendance. For these purposes:

• The company may impose this obligation based on its power of management and organization.

• If a worker refuses to attend, the company may sanction them for disobedience. To do so, it must verify what type of sanction is foreseen in these cases in the applicable collective agreement.

The same applies to training in occupational risk prevention that companies are required to provide to their staff. Since this is an obligation imposed by law, employees cannot refuse either.

However, before sanctioning the worker:

• It is advisable to communicate in writing to the worker their obligation to attend the course, indicating that refusing to do so constitutes an act of indiscipline.

• Thus, if the worker disobeys and does not attend on the scheduled day, the company may prove that it had summoned them and has acted in good faith at all times.

If it is a training activity that the worker intends to pursue out of their own interest – without their company having obligated them – the time spent on such training will not be considered working time, even if the course is related to the activities carried out in the company.

Our professionals will provide you with information on any doubts you may have regarding staff training.