Leave to train a labor counselor

Verified 03 September 2024 - Directorate for Legal and Administrative Information (Prime Minister)

You are designated a prud'homal advisor and you wonder how the training is organized to perform this function? You have absence permission for this training. The employer can't refuse you. During this absence, your rights concerning your remuneration, the determination of paid leave, your seniority, your social security cover are fully maintained. We present you with the information you need to know.

A Prud'homal counselor is a lay magistrate. Its mission is to settle individual disputes between employer and employee in the prud'homme council. Such disputes may arise in connection with any employment contract.

To benefit from this training, you must complete 2 cumulative conditions :

  • To be employed
  • And be appointed as a member of a labor board.

FYI  

The Ministry of Justice has posted a information portal on the appointment of labor councilors.

Yes, in order to take the training of labor counselor, an application for leave of absence must be made to your employer.

The rules depend on how many days you are away from work.

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Absence equal to or greater than 3 consecutive working days

You can to request leave of absence :

  • As soon as you are appointed
  • And before sitting as a member of a labor council.

You must make the request to your employer by any means that gives him a certain date (example: registered letter with acknowledgement of receipt).

This letter must specify all of the following:

  • Date, Duration, Training Schedule
  • Name of the institution responsible for providing the training.

The letter must reach your employer 30 days in advance.

Absence of less than 3 consecutive working days

You can to request leave of absence :

  • As soon as you are appointed
  • And before sitting as a member of a labor council.

You must make the request to your employer by any means that gives him a certain date (example: registered letter with acknowledgement of receipt).

This letter must specify all of the following:

  • Date, Duration, Training Schedule
  • Name of the institution responsible for providing the training.

The letter must reach your employer at least 15 days in advance.

No, the employer is obliged to accept your request for training.

The duration of training varies according to whether the training is initial or continuing.

Initial training

You are trained 5 days :

  • If you are a new councilor and have never held a labor office
  • Or if you did not fulfill this obligation during a previous mandate.

This training is organized by the National School of Judiciary (ENM).

Warning  

If you have not completed this training within 15 months as of 1er day of 2e months after your appointment, you are considered to have resigned.

Continuing education

During your term of office, you benefit from Maximum 6 weeks of training.

This absence may be fragmented but may not exceed 2 weeks in one calendar year.

This training is organized by recognized organizations.

FYI  

These trainings cannot take place during paid holidays. Training times more than normal working hours shall not be regarded as actual working time and shall therefore not be entitled to overtime payments.

Training leave shall be treated as a actual working time.

Thus, you retain your rights related to:

  • To your remuneration
  • The determination of paid leave
  • At your seniority
  • And your social security coverage.

FYI  

Arrangements exist for the partial or total payment of your travel and subsistence expenses during initial training. These arrangements are modeled on those applicable to public servants.

You have to distinguish between initial and continuing training.

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Initial training

The National School of the Judiciary (ENM) gives you a individual training certificate provided that you have taken this training.

You hand it over:

  • To the President of the Labor Council
  • And to your employer.

Continuing education

TO your return to the company, you must provide your employer with proof that you have actually completed the training.

This certificate shall be issued by the body responsible for training.