Skills development plan: obligations and pitfalls to avoid
The skills development plan is the document through which the employer organises training actions for employees. All employers must ensure their employees adapt to their role and maintain their ability to hold a job. This obligation applies regardless of company size. The absence of a formal plan is not directly penalised, but it exposes the employer to risks in the event of an inspection or employment tribunal claim.
What is the skills development plan?
The skills development plan is the direct successor to the training plan, which it replaced following the 2018 vocational training reform (Law of 5 September 2018 for the freedom to choose one's professional future). It groups together all training actions the employer decides to implement for employees, whether mandatory or at the employer's initiative.
Two categories of actions coexist in the plan.
Mandatory training actions correspond to training that is a prerequisite for performing an activity or function, under an international agreement or statutory and regulatory provisions. They are carried out during working time and paid as such. The employer bears the full cost.
Non-mandatory training actions are those the employer chooses to fund to develop team skills, without being required to do so by a legal text. They may take place outside working time, under certain conditions and with the employee's agreement.
Who is concerned?
All companies, regardless of size or sector. The obligation to adapt and maintain employability is set out in Article L.6321-1 of the French Labour Code. It applies from the first employee.
In practice, companies with fewer than 50 employees are not required to consult their Works Council (CSE) on the plan, unlike companies with 50 or more employees, which must submit the plan to the Works Council each year. Thereafter, the Works Council is consulted annually.
What are the risks without a plan or training?
The absence of a formal plan is not a criminal offence in itself. However, the employer is exposed to three distinct types of risk.
Employment tribunal risk is the most common. An employee who is dismissed may invoke the employer's failure to meet its adaptation and employability obligation. Case law is abundant: an employer who cannot evidence training efforts over several years is regularly ordered to pay damages.
Risk during controls. The labour inspectorate or an OPCO (French vocational training funding body) audit may identify gaps in mandatory training traceability.
Reputational and HR risk. In a tight labour market, the absence of a visible skills development policy harms retention and employer branding.
How to secure the plan
Formalise it annually, even in a small organisation. Distinguish mandatory and non-mandatory actions. Ensure traceability skill by skill, not just attendance. Link it to professional development reviews so that training decisions are documented.