Training course

Types of Training courses in France

Within the framework of professional training

An in-company training is an activity in the professional world making it possible to acquire new professional competences or to put pursuant to competences acquired in addition, for example in a Professional Training center in a school or an establishment of technical education.

The people carrying out a training course are called training and are often of young adults launching out in the professional life.

However the device of Vocational training for Adults accommodates, within the framework of full-time and remunerated training courses, of the people starting from 18 years, even 17 years for certain cycles of preformation, pre-professionalisation, orientation, insertion. There is not, indeed, of age limits to be " stagiaires" professional training. The network of Greta of State education proposes also formations for adults. The young people and adults accommodated there come to acquire a formation or a training.

They are often people without employment or having lost their employment which wish to find courses of formation personalized take into account and recognizing their assets former and leading on professional Titles or Diplomas (of necessary professional competences to together hold an identified employment) or to professional certificates of competences (together of professional competences allowing to exert part of an employment, i.e., one of the activities constitutive of this employment).

It is true that vis-a-vis the shortage of real job offers for the graduates, number of them are sometimes constrained to be registered for a noninitially desired formation in order to profit from a convention of training course attesting track records (although the training courses are not always regarded as an experiment by the recruiters).

The duration of a training course is variable, it can be of a few hours until several months.

The objectives of a training course can be:

the acquisition of a professional qualification leading to a Title or a Diploma attesting that the person acquired the whole of necessary competences to hold an identified employment;

the acquisition of a whole of competences allowing to exert one of the activities

constitutive of an employment (for example, certificates of professional competences);

validation of a diploma requiring one period of training course;

the discovery of the responsibilities and the professional obligations.

an in-company training is to be distinguished from a training course carried out full-time in a training center or a school (excluded periods of alternation or application, except establishment of formation, in company).

An in-company training must bring an advantage to the two parts: the trainee brings his knowledge, his knowledge and his labor force; the employer profits from a labor relatively qualified with the statute " fragile" the more so as conventions of training courses not obliging with remuneration, the very large majority of the periods of training courses are not remunerated.

What calls one " Accompaniment of the trainee in formation" ?

This expression (which often returns in the literature dedicated to the formation, the training courses, alternation in formation) indicates a teaching help brought to the trainee, exempted by a trainer or a tutor of the company throughout the course of formation. It is intended to facilitate the appropriation of knowledge and the transfer in situation of work. One of the functions of the trainer, the facilitation, aims at accompanying the trainee in his training, by providing him the elements most favorable for its advance towards the aim had according to its difficulties and modes of training.

Within the framework of Initial training

As of the college, the pupils must sometimes carry out a training course in company of two or three days in order to discover the trade which they would like to carry out. That enables them to better choose to them school Orientation. Because of the very short duration, these training courses are very seldom compensated and often more consist in observing to work indeed.

Other training courses are carried out during a student course. Indeed, of many diplomas require to have carried out a training course of several months in company, in the field concerned. These training courses are often very important for the student, because they often direct their future vocational guidance and are sometimes followed of a recruiting.

A studying trainee or schoolboy in company (to be distinguished from a trainee of Professional training which is remunerated and has social protections) is not regarded as a Salarié and does not have its rights (benefit of the collective agreement, contribution to the social contributions - retirement, Assedics, Social security, vacation, requirement of a remuneration).

However, an obligatory training course is always officially agreed. Thus a convention of training course is signed flexible the educational establishment, the company of reception and the trainee.

An obligatory or optional training course can proceed in the company signatory, or proceed remotely in certain quite precise, and well framed cases. This formula is standardized since 2002 by a French association (HEART) within the framework of international programs.

Obligatory training courses

An obligatory training course is that which lies within the scope of a formation and whose diploma is sanctioned by this training course. The convention of training course is obligatory. The legislation specifies that the duration must be to the maximum the one academic year (6 months). Minimum duration ago. The convention of training course is renewable in the case of several years in university. (source: charter of in-company trainings, 2nd paragraph)

At the time of the officially agreed obligatory training courses, the cover disease and industrial accident are that of the educational establishment.

Optional training courses

An optional training course is not obligatory in the course, the diploma does not depend on it. It must be obligatorily officially agreed. The duration of the training course cannot exceed 6 months. (source: Charter of in-company trainings)

The convention of training course is signed between the organization of reception, the trainee, and the training company. In certain cases, the signature of convention by the training company, can be replaced by an organization of insertion, an organization of recognized accompaniment. A training course, whose convention would not be tripartite (signed with a training company, or an approved organization), would be regarded by the French legislation as moonlighting disguised, and could open right to rectifications (tax, or social welfare)

The employer being responsible, the entirety of the law the labor could be applied to a training course without tripartite convention.

The optional training courses can be compensated or not. The legal requirement compensate a one duration training course of more than 3 months also applies for these training courses. it is however exceptional to see one remunerated period of training course. The loads are in the same way calculated that for the obligatory training courses.

Remuneration

Allowance of training course

Starting from July 1st, 2006 (decree on enforcement of a law of the 6/30/06), one duration the officially agreed training course of more than 3 months consecutive must be gratifié of an amount fixed by conventions of branch, or extended professional agreement, or, failing this, by decree. For the moment no decree specified the amount.

Loads, contributions & contributions

An employer does not pay loads if it less remunerates his trainee than 12,5% of the time ceiling of the social security. I.e. 379 € per month. If it wishes to compensate it more, it then pays loads starting from the 379 €. Example: a company compensates its trainee for 500€ per month, it will pay contributions on 121€ per month (500€-379€).

Income tax

The gratification poured with the trainee is subjected to the income tax, except if these four conditions are met:

the training course forms integral part of the program of the school or the studies;
the training course presents an obligatory character;
the duration of the training course does not exceed three months.
the training course is made in a French company

Abuse in company

The no payment is sometimes used by the employers to engage trainees on a work which could be accomplished by an employee with a traditional work contract.

When unemployment is important, the young people are sometimes tempted to carry out one or more training courses after the end of their studies, rather than to remain with the variation of the labor market too a long time, situation badly perceived by the recruiters. Moreover the multiplication of the higher private schools a strong provision of trainees for the companies involved. Certain companies built their profitability besides on the use of not remunerated trainees.

Gerard Larcher and François Goulard sign on April 26th, 2006 the “charter of the student training courses in company” (pdf), juridically nonconstraining, result of a collegial work. This text associates 4 employers' confederations, 3 representative organizations coeds, the collective precarious generation as well as the representatives of 3 conferences of higher education. Even if they took part in the development of the charter, the collective precarious generation and UNEF refused to sign this text.

This document positions the training course in a course of acquisition of knowledge which cannot be comparable with an employment. It states, for this reason, the guarantees making it possible the training course to fulfill its teaching function by more narrowly implying the company of reception and the establishment of higher education at the sides of the student. These guarantees will have to be detailed in the convention of standard training course appearing as an annexe, and which will be the decree object. No really constraining measure (thus financially) however was adopted.

Decree of August 29th, 2006

taken for the application of article 9 of the law n° 2006-396 of March 31st, 2006 for the equal opportunity

The Prime Minister,

On the report/ratio of the Minister for state education, higher education and research,

Considering the code of education, in particular its articles L. 611-2 and L. 611-3; Considering the labor regulation; Considering the code of the social security, in particular its article L. 412-8; Considering the law n° 2006-396 of March 31st, 2006 for the equal opportunity, in particular its article 9; Considering the opinion of the National council of higher education and research dated July 6th, 2006; Considering the opinion of the Superior council of education dated July 10th, 2006, Issues:

; Article 1: The educational establishments preparing with a diploma of the higher education whose students achieve in-company trainings envisaged in article 9 of the law of March 31st, 2006 referred to above work out, in dialog with the interested companies, of conventions of training course on the basis of standard convention.

; Article 2: Standard conventions are approved by the competent authorities of the establishments and are made public. This publicity can intervene by electronic way on Internet site of the establishments.

; Article 3: Standard conventions specify the clauses which conventions of training course to the number must imperatively comprise of which: ; #La definition of the activities entrusted to the trainee according to the objectives of formation; ; #Les start dates and of end of the training course; ; # maximum weekly duration of presence of the trainee in the company. The presence, if necessary, of the trainee in the company the night, Sunday or a bank holiday must be indicated; ; # the amount of the gratification poured with the trainee and methods of his payment; ; # the list of the advantages offered, if necessary, by the company with the trainee, in particular with regard to his restoration, its lodging or the refunding of the expenses which it engaged to carry out his training course; ; # the mode of social protection from which the trainee profits, including protection in the event of industrial accident in the respect of the article L. 412-8 of the code of the social security like, if necessary, obligation made to the trainee justify of an insurance covering its civil responsibility; ; # the conditions under which the persons in charge of the training course, one representing the establishment, the other the company, ensure the framing of the trainee; ; # conditions of delivery of a “certificate of training course” and, if necessary, methods of validation of the training course for obtaining the prepared diploma; ; # methods of suspension and cancellation of the training course; ; # the conditions under which the trainee is authorized to go away, in particular within the framework of obligations attested by the educational establishment; ; # clauses of the rules of procedure of the company applicable to the trainee, when there exists.

; Article 4: In the absence of standard convention, conventions of training course must comprise the clauses enumerated in article 3.

; Article 5: The convention of training course of April 26th, 2006, to which the “charter of the student training courses in company is annexed”, is signed by:

; # the representative of the establishment in which the trainee is registered. It mentions its quality, the name and the address of this establishment; ; # the representative of the company, which mentions its quality, the name and the address of the company; ; # the trainee, who mentions his address and the complete heading of his course or his formation; if the trainee is minor, convention is also signed by its legal representative.

; Article 6: No convention of training course can be concluded to replace an employee in the event of absence, of suspension of its work contract or dismissal, to carry out a regular task corresponding to a permanent work station, to face a temporary increase in line of business, to occupy a seasonal employment.

; Article 7: The Minister for employment, with social cohesion and housing, the Minister for state education, with higher education and research, the deputy secretary with employment, the work and the professional insertion of the young people and the minister of state with university education and research are charged, each one in what relates to it, of the execution of this decree, which will be published in the Journal officiel de la R3epublique fran1caise.

Fact in Paris, on August 29th, 2006.

References

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