Ask a Lawyer: Who Has to Pay for Vocational Training – You or Your Employer?
Illya Kostin, partner at Legal Alliance Company
Maryna Mkrtycheva, associate at Legal Alliance Company
Kinds of vocational training
Under Article 201 of the Labour Code of Ukraine, to provide vocational training and advanced training of employees, especially the youth, an owner or his authorized body arranges for individual, team, course and other job training at the expense of the enterprise, organization, institution.
Pursuant to the Law of Ukraine “On Employee Professional Development”, vocational training is a process of targeted gaining by the employees of special knowledge, development of necessary skills which allow increasing labour productivity, performing functions in the best possible way, learning new types of professional activities, including primary vocational training, re-training and advanced training as demanded by the manufacture.
Thus, vocational training of employees is the employer’s obligation.
In 2017 an obligation for students whose studies were funded by an employer, to work for such an employer for three years upon graduation, was cancelled.
The Law of Ukraine “On Employee Professional Development” specifies that employers may provide formal and informal vocational training for employees, and the training may be voluntary or compulsory.
Formal vocational teaching service jobs to workers includes primary vocational training, re-training and advanced training of workers, and can be provided directly from the employer or organized on contractual terms in vocational schools, enterprises, institutions, organizations. Workers within the categories of managers, professionals and specialists can get retraining, internship, specialization and advanced training that can be organized on contract terms in higher educational institutions.
Based on the results of formal vocational training, an employee is given an education document of the established form.
Vocational training of employees takes place full time, in evening (shift) form, full-time and by correspondence, distance, external form, on-the-job and out-of-job and with individual curricula. Vocational training of workers of service jobs is provided by:
• course training which provides for formation of study groups and takes place in classrooms
• individual training, which provides for training on the working place under guidance of qualified workers – instructors of industrial training.
Vocational training of the employee can be carried out at his own request for his own funds or funds of other individuals or legal entities.
Training at the expense of the employer
Thus, the Model Agreement on the Provision of Educational Services between a Higher Educational Institution and a Natural (Legal) Person (approved by Order of the Cabinet of Ministers of Ukraine No. 634 as of 19.08.2015) stipulates that a higher educational establishment can provide educational services to a student (in our case, an employee) for payment by natural(legal) of persons (employer).
In 2017 for students who studied at the expense of the employer, the duty to work for such an employer for three years after graduation was cancelled.
Vocational training of employees at the employer’s premises is carried out by teachers, masters of industrial training, instructors of industrial training, who work based on a contract for the provision of educational services.
Advanced training is the responsibility of the employer in the cases expressly provided by law, and depends on the profession and position the employee occupies.
Advanced training of employees at the employer’s premises or in educational institutions, as a rule, takes place no less than one time every five years (Article 4 of the Law of Ukraine “On Employee Professional Development”).
For example, the training of civil servants and local government officials takes place at least one time every three years (Order of the National Agency of Ukraine for Civil Service Affairs "On Approval of the Procedure for the Organization of Training of Civil Servants and Local Government Officials in Educational Institutions upon the Public Order of the National Agency Ukraine on Civil Service Affairs” No. 86 dated April 19th, 2017). Police officers are sent for advanced training if necessary, but at least one time every three years (Order of the Ministry of Internal Affairs of Ukraine “On Approval of the Regulation on the Organization of Postgraduate Education of Employees of the National Police” No. 1625 as of December 24th, 2015).
Frequency of training at courses of advanced training is, as a rule, not less than one time in five years. Frequency of advanced training, internships of managers, professionals and specialists depends on the production need, but not less than one time in five years. Teachers from among leaders, professionals and employer’s specialists, instructors of industrial training, who carry out professional training of workers at the employer’s premises, also take course on advanced training of employees no less than one time every five years (Order of the Ministry of Labor and Social Policy jointly with the Ministry of Education and Science of Ukraine "On Approval of the Regulation on the Vocational Training of Workers in the Workplace" No. 127/115 as of March 26th, 2001).
The employer has the right to require that the employee work out the time spent on participation in such an event (in case such an event was held during working hours).
Does the employer have to pay for seminars, courses and workshops?
Payment for seminars, courses and workshops upon which the employee does not receive an education certificate of a standard form and which are not accredited, is not the employer's responsibility, since such events are informational and consultative in nature. It is also worth noting that the employer may require that the employee work out the time spent for participation in such an event (in case such an event was held during working hours).
The employer may pay for seminars, courses and workshops (upon which the employee does not receive an education certificate of a standard form and which are not accredited) in the event of concluding a service agreement between the employer and the person who organizes the information and consulting event. The performance of such an agreement, settlements on it and confirmation of its performance take place on general grounds. In this case, the employer has the right to require that the employee work out the time spent on participation in such an event (in case such an event was held during working hours). Employee participation in seminars, courses and workshop can be regarded as informal vocational training.
Informal vocational training of employees takes place upon their consent at the employer’s premises and at the expense of the employer. In this case, the employer is free to choose the forms and methods for ensuring the professional development of employees, taking into account the specifics of their work.
Confirmation of the results of informal vocational training is possible for service jobs (cook, welder, security guard, electric welder of manual welding, non-food goods seller, repairman) in accordance with Resolution of the Cabinet of Ministers of Ukraine "On Approving the Procedure for Confirming the Results of Informal Vocational Training of Individuals of Service Jobs" No. 340 as of May 15th, 2013.
Confirmation that a person took informal vocational training for workers of other professions is not regulated. However, since the curriculum, form and methods of training are determined by the employer, the employee can ask the employer to provide an appropriate certificate on informal vocational training of certain subjects. Also, an employee can obtain such a confirming document from the entity that organized the information and consulting event, and which the employee attended.
Contact Illya Kostin, partner at Legal Alliance Company, firstname.lastname@example.org