Restructuring legislation

Professional drivers holding a driving licence of category C/C1 and D need to undertake training every five years after they have gained their basic qualification. The training covers a minimum of 35 hours (5 days of 7 hours), including courses on technology, modern driving and petrol-saving, social regulations and health and cargo securing. In category D, 42 hours (6 days of 7 hours) are compulsory. The training requires full attendance. After the training is completed the code '95' is entered in the driver's licence.

The royal decree of 9 March 2006 introduced the system of 'reconversion cells'. The goal of the cell is to aid employees dismissed because of restructuring in finding a new job. The employee receives coaching by third party providers that can vary from administrative information to psychological counselling to certain trainings. The cells are organised separately for the Flemish, Walloon, Brussels and German speaking regions. Several permanent cells are active on the regional level. There is the possibility to create a new one specifically for the restructuring company or for several companies together as well. In this case at least one employer is involved and at least one trade union, on top of that the regional service for labour mediation participates as well and functions as a manager for the reconversion cell. The costs of these cells are covered by either the former employer or a specific sectoral fund (if present).

The employer is responsible for providing the employees with a reconversion cell. Originally the measure was intended to be used in case of restructuring within a company that wanted to apply the lowered retirement age system. The instrument now concerns all companies announcing a collective redundancy (at least 10% of the workforce in enterprises with 100 employees or more, at least 10 employees in enterprises with more than 20 but fewer than 100 employees, at least 6 employees in enterprises with more than 11 but fewer than 20 employees, at least half of the employees in companies with at the most 11 employees). Employees on fixed-term contracts and temporary workers are also included.

Employees that are being dismissed in the context of collective dismissals are obliged to sign up for the reconversion cell. If they refuse to do so they will be penalised by having their unemployment benefits suspended for a period of four up to 52 weeks. The minimum duration of the programme depends on the age of the employee:

• Employees older than 45 that are being dismissed have to participate in the reconversion cell for at least six months; and
• Employees younger than 45  and facing dismissal are obliged to participate for at least three months. While employees are enrolled in the cell, they have to actively participate in the programme. This means that they have to accept and enrol in each form of training proposed (in)directly by the reconversion cell. Refusing to do so could imply the loss of their employment benefits.

Employees are obliged to take part in the forms of training organised or financed by their employer for maintaining and improving professional qualifications and skills, and also to make efforts to improve their qualification levels in compliance with the performed work.

The Labour Code settles obligations from both sides - for the employer (228a) and employee (228b) for improving professional qualification and skills. The employer is obliged to organise and finance such training courses, the employee is obliged to participate.

An unemployed person, who rejects or omits without a justifiable reason to undertake vocational training on the instruction of the Director of the Social Insurance Services may be deprived of his/her right to receive unemployment benefit for a period of up to six weeks.

Improvement of qualification implies ongoing update of qualification, without a substantial change of the nature of the qualification itself (for instance by acquiring new skills). An employee is obliged to improve his/her qualification to perform an agreed type of work. The employer may require an employee to take part in courses or training, or similar initiatives. An employee's participation in such activities shall be considered as working time for which the employee is entitled to his/her wage or salary. The employer shall bear the costs connected with updating of qualification.

Qualification upgrade shall mean a change in the level of qualification, for example a secretary upgrading her qualification to payroll accountant. Qualification upgrade shall include studies, training and other forms of education for the purpose of attaining higher level education (qualification) provided that this conforms to the needs of the employer. An employee who upgrades his or her qualification in the interest of the employer is entitled to compensatory wage which covers the necessary time to attend lessons, courses of instruction or training and examinations within a study. The employer is not obliged to allow upgrading of qualification during working hours, nor to cover the associated costs. An employee shall not be forced by the employer to upgrade his or her qualification.

One of the obligations of the employee is to participate in training for improvement of vocational knowledge and skills. However, no specific conditions are provided in the law.

In Italy, employees' obligation to undertake training is connected to the reception of social shock absorber instruments, both within a still existing employment relationship (that is the Ordinary Wage Guarantee Fund, Cassa integrazione guadagni ordinaria, CIGO; the Extraordinary Wage Guarantee Fund (Cassa integrazione guadagni straordinaria (CIGS); solidarity contracts; solidarity funds) and in case of unemployment (NaSPI and citizenship income).

Orientation activities are available to workers suspended from the work activity and beneficiary of an income support instrument within a still existing employment relationship or to the unemployed beneficiary of the New Social Insurance for Employment (NASpI). These activities are defined by the public employment centres in a personalised agreement, which might also include training activities. Beneficiaries could lose the right to the benefit if they do not attend orientation initiatives without a justified reason. Failure to comply with these obligations entails proportional sanctions, ranging from the deduction of a fraction or an entire month of the benefit, up to the lapse of the same.

According to Decree law n. 4/2019, within 30 days of the recognition of the benefit, the beneficiaries of the citizenship income which are able to work are summoned by the public employment centres to stipulate an employment agreement, i.e. a personalised programme aiming at reintroducing the beneficiary into the labour market. The employment pact might also include professional requalification and completion of studies. The beneficiary must abide with the commitments set forth in the employment pact, under penalty of revocation of the benefit.

From December 31, 2021, there are new enhanced training requirements whereby workers receiving wage integration benefits must participate in training or requalification initiatives to maintain or develop skills in connection with labour market demand in their territory, with initiatives deliverable through inter-professional funds and eligible for regional co-financing. The replacement provision also introduces a sanctions regime where non-participation without justified reason results in sanctions ranging from deduction of one month's wage integration benefit to complete termination of benefits.

Law no. 48/2023 introduces the Support for Training and Work program in Italy, effective from September 1, 2023. This initiative is designed to enhance employment opportunities and skills development among individuals aged 18 to 59. Participants in this program, who engage in active employment projects such as universal civil service and community-beneficial activities, are eligible for a monthly allowance of €350. The program is specifically tailored to support involvement in vocational training and socially valuable work, aiming to boost employability and contribute positively to the community.

The employer has to cover expenditures associated with occupational training or the increase of qualifications as well as to retain the post of employees if he/she decides to engage in training.

If occupational training or measures to increase qualifications are regarded to be related to the work performed by the employee but do not have a decisive role in the performance of given work (i.e. rather initiated by the employee), the employer and the employee may enter into a specific agreement on the training and cost coverage. An agreement between an employer and an employee on training or measures to increase qualifications is admissible only if it presents features described in the labour law, regarding employees' consent to participate in such measures, the maximum term of agreement, the proportionality principle of restrictive conditions set by an employer and the conditions of reimbursement of the expenses. If the employee decides to quit their job during the period of agreement or if the employer gives an employee notice of termination because of specific reasons (the employee has violated the employment contract, the employee has acted against law or against good virtue in the performance of work, the employee has been in a state of alcohol, drug or toxic intoxication while performing the work, the employee has grossly violated labour protection regulations and endangered the safety and health of other persons), the employer can claim back any expenses the employer has paid for.

If the employee rejects any proposed training, this cannot serve as the reason for dismissal or other restriction of any employment rights.

Compliance with health and safety (OSH) regulations and rules is a fundamental duty of every employee. For non-compliance with those regulations, as well as with the order of work, an employer can apply a reprimand or a warning. It is a responsibility of an employer to provide OSH training to the employees, and employees are required to participate in such trainings.

Employees' obligation to participate in the OHS training is governed by Article 211.1 of the Labour Code, which states that they are required to be familiar with OSH regulations and principles, participate in training and instruction in this area, and undergo the required proficiency examinations. The following points under this Article (2-7) regulate other employees' obligations concerning OSH and the order of work.

On the side of the employer, employees' training obligations is regulated in Article 237 of the Labour Code. Under Article 237³ §1 of the Labour Code, an employer is prohibited from allowing an employee to perform work if the employee: * lacks the required qualifications, * does not possess the necessary skills, * or does not have sufficient knowledge of OSH regulations.

In accordance with §2, the employer is obliged to provide initial OSH training prior to the commencement of employment and to ensure periodic training thereafter. All OSH training, as stated in §3, must be conducted during working hours and is fully financed by the employer.

Article 237⁴ further outlines the employer’s responsibilities: * §1: The employer must ensure that employees are familiarised with the OSH regulations relevant to their work. * §2: Detailed instructions and guidelines concerning health and safety must be issued for each workplace. * §3: Employees are required to confirm in writing that they have read and understood these regulations.

Regulation of the Minister of Economy and Labour on training in the field of occupational health and safety entered into force on July 1, 2005, and specifies detailed rules for training in OSH, the scope of such training, requirements for the content and implementation of training programmes, the method of documenting training, and cases in which employers or employees may be exempt from certain types of training.

• According to §2, the employer is obliged to ensure that the employee receives training appropriate to the type of work performed.

• As outlined in §3, the training must equip the employee with knowledge of hazards, including awareness of environmental factors that may pose risks to health and safety at work, as well as preventive measures. It must also provide knowledge of legal duties, ensuring the employee understands the OSH regulations and obligations necessary to perform their job safely. Furthermore, the training must develop skills, enabling the employee to work safely, respond appropriately in emergency situations, and administer aid to individuals injured in workplace accidents.

• Under §4, training may be organised directly by the employer or by specialised training organisations contracted by the employer.

• §9 specifies the content of general and on-the-job instruction.

Employees have the duty to participate diligently in vocational training given by the employer.

In the Labour Code vocational training is framed as an employer's duty and an employee's right, rather than as an obligation of the employee. As a consequence, refusal of participation in professional training cannot be sanctioned and cannot directly lead to dismissal. However, the refusal to participate in professional training may be reflected in the employee's periodic assessment results, which may indirectly lead to dismissal on grounds of professional inadequacy (Article 61 (d) of the Labour Code). Such a dismissal can only be carried out after a preliminary assessment of the worker's competence.

According to Article 193 of the Labour Code, the modalities of training are the following:

• attendance of courses organised by the employer or vocational training service providers in Romania or abroad;
• internships for vocational adjustment to the requirements of the job or of the workplace;
• internships for practical training and specialisation in Romania and abroad;
• apprenticeship;
• individualised training;
• other forms of training agreed upon between the employer and the employee.

A worker has the right to and the obligation of ongoing education, training and further training in accordance with the requirements of the working process with the purpose of maintaining and/or improving the skills to perform the work under the employment contract, to keep employment and increase employability.

The duration and the course of education and the rights of the contracting parties during and after the education are to be laid down in a contract on education and/or a collective agreement. A worker who is undergoing education or training in the interest of the employer or in his/her own interest has the right to absence from work to prepare for or take exams. If there is no agreement whatsoever, the worker has the right to absence from work on the days on which he/she takes exams for the first time and the right to paid absence from work.