Vocational training at work is a right, but it can also become an obligation. The key lies in whether the course is linked to the job and when it is taught.
Not all courses offered by a company are mandatory for its employees. The law distinguishes between necessary, voluntary, and preventive training, and each has different consequences.
At our office, we have been fielding questions for weeks about training courses organized by companies. Many of you ask us the same questions: “Can we force employees to attend?” “What if the course takes place outside working hours?”
These are normal questions, because the rules are not always understood in the same way on paper as they are in practice.
We will try to explain it in a simple way so that our clients can understand.
When the course is work-related
If the training is directly related to the job—for example, a new tool that the employee will have to use, or a change in regulations that affects their daily work—attendance is mandatory. What’s more, that time counts as work.
The reason is simple: the employee is not doing something unrelated to their job, but rather fulfilling their duties. The company has the right to require it, and the employee must attend, just as they would attend a meeting or perform a day-to-day task.
However, it must be done during working hours. If it is organized outside of working hours, the company must pay or compensate for that time. Otherwise, it would not be considered properly managed.
Risk prevention training
There is no debate here. It is mandatory, always. Furthermore, the law clearly states that it cannot involve any cost to the worker. Neither in money nor in time.
Article 19 of the Occupational Risk Prevention Law establishes that this training must be carried out during working hours or, if this is not possible, outside working hours, but with compensation for the time lost.
Therefore, if a session on safety, first aid, or specific risks is organized, all employees must attend, and the cost and time must be covered by the company.
When the company offers training outside working hours
This is where problems often begin. There are courses that the company offers because it considers them to be useful, for example, languages, time management, or leadership, but which are not essential for the job. In this case, the worker can decide whether to attend. There is no obligation.
However, if the company decides that the course is mandatory because it directly affects performance (for example, the use of a new application or the implementation of a sales system), even if it is outside working hours, it must pay for it or compensate the employee.
Common sense prevails: if the course is required by the company, the time is working time.
If it is offered as an opportunity, it is voluntary.
Courses on days off or during vacations
This must be made clear: no one can be forced to attend a course on their day off or during their vacation. Time off is untouchable. Not even for a meeting or training session.
If the course is mandatory, it must be scheduled during working hours or compensated.
And if it is not mandatory, the employee can refuse without suffering any negative consequences.
Sometimes companies do this with good intentions – “since they are off, they should make the most of it” – but legally it does not hold water. Vacations cannot be moved or interrupted.
Training involving travel
We have also been asked: what happens if the course is held in another city or at the head office? In this case, the Workers’ Statute is clear: the company must cover travel, subsistence, and accommodation expenses, and must give reasonable advance notice.
Meanwhile, the employee retains all their rights, and the time spent counts as working hours.
In other words, if the course lasts four days away, that’s four days of work, and all costs are borne by the company.
When the employee refuses to attend
If the training is mandatory and the company has complied with all requirements (notice, justification, and reasonable schedule), refusal may have consequences. It would be considered insubordination, which may be punishable.
However, it is important to act sensibly. Before imposing anything, it is necessary to discuss it.
Sometimes refusal stems from miscommunication or personal problems. When the real reason for the course is explained and leeway is given, it can almost always be resolved without conflict.
Things to keep in mind...
- If the course is work-related, it is mandatory.
- If it is for prevention, it is also mandatory, and the company pays for it.
- If it takes place outside working hours, compensation or payment must be provided.
- If it coincides with holidays or days off, it cannot be imposed.
- If travel is involved, the expenses are paid by the company.
For further information, please consult your labor advisor.
