Can my company force me to take a training course? Rights, obligations and regulations

Many employees wonder whether their employer can force them to attend certain courses, especially when these are scheduled outside working hours or involve travel. As a labour lawyer, I can say that this is a common question, and the reason is simple: the regulations are not always intuitive. The line between compulsory and voluntary training is not always clear, and it is often difficult to know which category each course falls into.

In this article, we will analyse when training is compulsory, when it is voluntary, and what rights and obligations apply in each case.

1. Training is compulsory when it is directly related to the job

If a course is necessary to perform the job properly (learning new software, adapting to a change in regulations, following a new internal process, etc.), the training is compulsory.

This means that:

• The time spent is considered effective working time.
• It is preferable to schedule it during working hours.
• If it is carried out outside working hours, the company must compensate or remunerate that time.

This type of training is not an extra, but a natural part of adapting the workplace to the needs of the company.

2. Training in occupational health and safety: compulsory and always paid for by the employer.

The law is very clear on this point. Article 19 of the Occupational Risk Prevention Act establishes that training in health and safety:

• Is mandatory for all workers.
• Is free of charge for the worker.
• Must be provided during working hours, whenever possible.
• If it is provided outside these hours, the time spent must also be compensated.

Therefore, training on specific risks, emergency protocols, ergonomics or first aid is compulsory and is paid for in full by the company.

3. When training is voluntary and cannot be imposed

Many companies offer courses which, although useful from a professional point of view, are not essential for the specific role of the worker: languages, leadership, communication skills, etc.

In these cases:

• Participation is completely voluntary.
• The company cannot require attendance.
• The employee cannot be penalised or disadvantaged if they decide not to participate.
• If scheduled outside working hours, they are not considered working time, as attendance is voluntary.

These courses are an opportunity, not an obligation.

4. Training outside working hours

Training outside working hours is probably the scenario that generates the most conflict. The key is to distinguish between two situations:

4.1. Voluntary training outside working hours

When the course is not essential for work:

• The employee is free to choose whether or not to attend.
• They cannot be forced to use their personal time.
• Under no circumstances is this time considered working time.

This includes general improvement training, languages, communication, leadership, etc.

4.2. Compulsory training outside working hours

When the course is necessary for the employee to continue performing their job, for example, to learn a new essential application or to adapt to a new work system:

• Participation may be compulsory, even if it takes place outside normal working hours.
• The time spent always counts as working time.
• The company must pay or compensate for these hours.

In other words: if the company requires the course for the proper functioning of the job, the time and cost are the responsibility of the company, not the employee.

5. Training during annual leave or days off: absolute legal limit

No company may schedule compulsory training during:

• Annual leave.
• Weekends or non-working public holidays.
• Compensatory rest days.
• Personal leave or sick leave.

Annual leave and weekly rest days are untouchable.

If the course is necessary, it must be rescheduled; and if it is voluntary, the employee may refuse to attend without any consequences.

6. When training involves travel: rights and obligations

If the course is held in another city, at a different workplace or at the head office, the Workers' Statute establishes that the time spent on compulsory training is considered working time.

However, the payment of travel expenses, subsistence allowances and accommodation is not expressly regulated in the Workers' Statute, but depends on the applicable collective agreement or the company's internal policies.

7. What happens if an employee refuses to attend a compulsory course?

If the course is compulsory and justified, and the company:

• has given advance notice,
• has scheduled the timetable correctly,
• has compensated the hours accordingly,

an unjustified refusal may be considered insubordination and lead to disciplinary measures.

However, it is advisable to discuss this in advance: many refusals are due to a lack of information, personal difficulties or poor internal communication. When the reason for the training is clearly explained, the conflict is usually resolved without any problems.

Summary table: when can the company oblige you to attend training and when not?