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[Introduction ]
[Educational leave schemes throughout Europe ]
Paid Educational leave
Updated competence in the workforce and in society in general is in the process of becoming the very key to a positive development both in Norway and internationally. Some of the reasons for this are the increasing globalisation of the economy, internationalisation, technological progress and the demands for greater adjustment of production and organisation in the workplace in general and in individual enterprises. There is growing concern in many countries about the widening gap between the need for and the availability of new knowledge in the workplace. This problem is due mainly to the speed with which changes are taking place in society and in the workplace and which is accelerated by the fact that the labour force is growing older. The basis for a competence reform is the need for competence in the workplace, society and by the individual. One of the reform measures is the right to leave of absence. Plans must be produced for a flexible organisation of competence building. Among other things it is important to develop and utilise the opportunities offered by using information and communication technology (ICT) in teaching. It is not the case however, that using ICT in this way will solve all problems and meet every need. It is also important to focus on the additional environments and the learning process itself. As far as possible both basic and continuing education for adults should be geared to demand; this education should be flexible, available and adapted to the needs of the individual and the enterprise. The necessary arrangements must be made and education must build on the individual's competence, both competence already documented through basic education and acquired through non-formal learning. Legal frameworkNorway has not ratified the ILO convention 140 on educational leave. The process of implementing a competence reform for adults in Norway started in 1999. The reform is based on a report from a Government Committee in 1997 and a White Paper presented in 1998 and debated by the Norwegian parliament in January 1999. An agreement between the Government and the social partners in connection with the wage settlement in 1999 is also an important basis for the reform.In November 1999 the Norwegian parliament adopted a legal amendment giving employees an individual right to study leave. Amendments to the Act have been included in a new chapter VIII A, § D in the Working Environment Act. This provision entered into force on 1 January 2001. Following intense negotiations between the social partners, it was decided not to introduce this as a system of paid educational leave. ObjectivesIn connection with the Storting's (Norwegian parliament's) request to the Government on 29 February 1996 to present a report to the Storting on a lifelong learning reform, it was stressed that the objective of a report should be to create a basis for a national plan of action for continuing education and training and adult education. The plan of action has been divided into eight areas of focus:
Basic primary and secondary education for adults who have not completed these levels. Work-related education and training including any continuing education or training relevant for the labour market. Training providersMuch of the training in the workplace will be provided by the workplace's own resources. Nonetheless, the public education system must play a central role in providing training, which meets the need for competence in the workplace. There will be a comprehensive development process throughout the public educational system, where existing rules, teaching methods, organisation and management are reviewed in order to adapt primary and lower secondary education, upper secondary education and higher education to the competence reform for adults. Giving more emphasis in the public education system to the development of competence for the workplace must not be done at the expense of basic education, but help to strengthen it. There must be better interaction between the providers of education and the workplace, with a view to allowing the employees to take as much part in developing competence as possible without taking them away from the workplace more than necessary. The state-run institutions of higher education have been given more freedom to establish and terminate courses of study up to 30 credits i.e. up to 1½ years. The institutions can also charge a fee for more comprehensive courses and undertake organisational and pedagogical projects. Target sector(s)The basis for the reform is the need for competence in the workplace, in society and by the individual. The reform will embrace all adults in and outside the labour market and it will have a broad, long-term perspective. The reform will be implemented as a process to which employers, employees and the government make an active contribution. Target group(s)The target group is the entire labour market, i.e. small and large private and public enterprises, one-man businesses and freelancers, both centrally and locally Eligibility criteriaAThe amendments to the Working Environment Act states that employees who have been working at least three years, and who have been employed by the same employer for the last two years, shall have a right to full time or part time study leave up to three years to participate in organised education and training leading to a documented competence. Education beyond primary and secondary level must be work related to give a right to study leave. Work-related education comprises all types of continuing education and training relevant for the labour market. Employees cannot claim the right to leave of absence if it interferes with the employer's opportunity to plan production and organise personnel. Stipulations for participantsEmployees having had educational leave are not entitled to a new leave until after the double duration of the previous leave. However, one full year must pass before a new leave can be achieved. For employees on leave for a duration of less than a month the requirement of one year's break does not apply. Duration of trainingEmployees who have been working at least three years, and who have been employed by the same employer for the last two years, shall have a right to full-time or part-time study leave up to three years to participate in organised education and training leading to a documented competence. Status of participantsThe Main Agreement between the social partners, part A: § 10-11, states that an employee who returns to the enterprises after a maximum of 2 years educational leave, has the right, whenever this is practicable, to a similar or equivalent type of work. In cases where the duration is longer than two years, a special agreement is entered as to what kind of work the employee shall return to. Application procedureEmployees wanting to take advantage of this legal right must notify his/her employer in writing. This notification must contain information of content and duration and possible enrollment in an educational institute. In case of education beyond primary and secondary level, the vocational relevance must be proved. Regulation, control and monitoring proceduresIf postponement of leave occurs due to inconvenience to the employer, i.e. staff situation or production planning, the employee must be given written noticification as soon as possible and no less than 6 months prior to commencement. For shorter leave this period is reduced. In connection with the entry into force of the provision concerning the right to study leave, the Ministry of Local Government and Regional Development will establish a board of arbitration in order to solve disputes concerning study leave. Funding mechanismsThe Government believes as a matter of principle that compensation for the expense of subsistence during study leave is a matter to be decided upon between the employer and the employee. The employer retains his primary responsibility for meeting the need of the enterprise to build up new competence. The Government emphasises the importance of basing educational funding on equal treatment of the different groups. Public funding of subsistence in the case of basic education at university and college level and on completing primary and lower secondary and upper secondary education for adults, should therefore be based on established funding schemes managed by the State Educational Loan Fund. Financial assistance is available through these schemes for most educational purposes. A committee has reviewed the general rules for educational funding with the purpose of adapting the rules more closely to continuing education and training for adults. Based on the committee's report the parliament has decided to raise the limit of monthly income that students can have without reducing the funding from the State Educational Loan Fund. New guidelines have been adopted for the treatment of employer-financed education for tax purposes. From 1999 onwards there is no tax on education paid for by the employer. Overall funding levelIn connection with the wage settlement in 1999 the Government agreed to co-finance a competence-building programme. A total of EURO 49 707 966 will be allocated to this programme over 2-3 years, starting with EURO 6 213 496 in 2000. The planning of the programme started in the autumn of 1999 in close co-operation with the social partners. The aim is to create new possibilities and develop the market for continuing education and training. Projects can be initiated by enterprises, networks of enterprises, local districts (municipalities), branch organisations, social partners etc. Projects involving primary and secondary education for adults can be financed this way. Use of ICT and multimedia will be an important element in these projects. Payment to persons on leaveA government committee (The Aamodt Committee) has investigated the educational funding scheme administered by the State Educational Loan Fund in the light of the requirements and challenges facing the funding system. The committee presented its recommendations on 15 December 1999 - NOU 1999:33 Nyttige l?repenger. It has been decided to raise the amount one may earn without having one's grant reduced, from EURO 441 to EURO 621 per month. In addition, it has been decided to raise the level for means testing of the family allowance supplement against the spouse's/partner's income, from EURO 1558 to EURO 2075. These changes will apply from the year 2000/2001. The Norwegian Storting has adopted an amendment to the Taxation Act, which provides tax exemption for education in connection with one's work. The Ministry of Finance has prepared new regulations effective from the 1999 financial year. StatisticsThere are no statistics yet available for the Competence Reform for the measure right to leave of absence, valid from 1 January 2001.
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