French Labour Code
In forceDEFINING THE MODELS OF CONTINUING VOCATIONAL TRAINING AGREEMENT PROVIDED FOR IN ARTICLES D. 6122-4 AND D. 6122-5
Vocational training agreement providing for State financial assistance for the running of courses
Between the (minister or regional prefect)
and the (name of the centre)
It is agreed as follows:
Article 1
This agreement is concluded pursuant to Books I and III of Part VI of the French Labour Code.
The provisions set out in the appendix mentioned in articles D. 6122-4 and D. 6122-5 of the French Labour Code are applicable to it, with the exception of articles 9 (2, c) and 11.
Article 2
Pursuant to this agreement, the centre undertakes to organise the training cycles provided for in the pedagogical appendix and under the conditions laid down in this appendix.
Article 3
Pursuant to articles L. 6341-1 et seq. of the French Labour Code, the French State will provide assistance towards the remuneration of trainees up to the number of trainees specified in the attached appendix,
or
. There is no provision for any State assistance towards the remuneration of trainees.
Article 4
The State shall provide the centre with the technical assistance provided for in article 9-1 of the appendix mentioned in articles D. 6122-4 and D. 6122-5 of the French Labour Code (specify if applicable).
The State provides the centre with financial assistance, under the conditions laid down by the regulations in force, the amount of which is set each year in a financial appendix.
Article 5
Educational, technical and financial control will be exercised by
Article 6
This agreement takes effect from
Vocational training agreement providing for State aid for the centre's equipment
Between (minister or regional prefect)
and (name of centre)
It is agreed as follows:
Article 1
This agreement is concluded in application of Books I and III of Part VI of the French Labour Code.
The provisions of articles 1, 2, 5, 8, 9 (2 c) and 11 of the appendix mentioned in articles D. 6122-4 and D. 6122-5 of the French Labour Code also apply to it.
Article 2
The centre will organise the training courses set out in the attached annex.
Article 3
The State will provide financial assistance for the construction and equipment of the centre under the conditions laid down in the regulations in force, to the value of
Article 4
Technical and financial control will be exercised by
PROVISIONS COMMON TO ALL VOCATIONAL TRAINING AGREEMENTS INVOLVING STATE AID
I.- Purpose and organisation of the centre and training courses
Article 1
In order to receive State aid, the centre must organise one or more vocational training courses that meet the priority guidelines and intervention criteria defined by the vocational training authorities.
Article 2
The centre council
The training centre has a board in which employers and employees appointed by the professional bodies or organisations or, where applicable, by the companies and workers concerned, participate.
Under conditions set by the Board, trainee representatives will be invited to attend Board meetings.
Where an agreement concluded between employers' and employees' organisations provides for the composition and operating procedures of this council, the provisions of this agreement shall apply.
When the centre is managed by a company or group of companies with fifty or more employees, the social and economic committee or committees concerned exercise the powers conferred on them by the regulations in force. In particular, they must have deliberated on the company's own problems relating to continuing vocational training and on the actions for which State aid is granted.
Article 3
Organisation of cycles
Training is provided by the centre by means of training cycles which may comprise full-time or part-time work placements, as well as courses of various types.
The purpose of the cycle, the types of training course, the location, the duration, the number of trainees expected, the level of training provided and the expected outcome are defined for each cycle in a pedagogical appendix attached to the agreement.
Specific rules for courses that may be set up at a later date are set out in an additional agreement.
The parties may request modifications under the conditions set out in article 12 below.
For courses aimed at trainees with an employment contract, part-time training is, in principle, given during normal working hours. However, the organisation of part-time training courses may take account of specific situations relating to working conditions and hours, the nature of the training provided and the trainees' situation with regard to entitlement to training leave.
Article 4
Centre staff
The staff providing teaching at the centre may include full-time and part-time staff.
These staff are selected by the head of the centre, on the advice of the centre council.
The remuneration of the staff teaching at the centre, as well as that of the management and administrative staff, is paid by the centre.
II - Trainees
Article 5
Recruitment
Trainees are recruited from among the candidates who apply individually for admission to the centre, and in particular those to whom the relevant employment services and information and guidance bodies can provide assistance, or from among the candidates put forward by companies or professional and trade union organisations.
Trainees are selected on the basis of criteria and under conditions agreed with the co-signing authority.
When trainees are sent by their company, they must not be asked to make any financial contribution.
Article 6
Remuneration
Trainees who are referred to the centre by their employer will receive the same remuneration from their employer as they were receiving before they started their training period. Where the conditions laid down by current legislation are met, the State may pay part of the remuneration maintained.
Other trainees may benefit from the payment of remuneration provided for in articles L. 6341-1 et seq. of the French Labour Code, provided they meet the conditions laid down.
In all cases, State aid may only be granted if it is expressly provided for in the agreement or in an amendment to the agreement.
Article 7
Social protection
The centre shall ensure that trainees benefit from social protection.
It shall take the appropriate steps to ensure that social risks, and in particular accidents at work, are covered for trainees who are not covered by the regulations in force.
Article 8
Recognition of acquired training
The centre undertakes to seek appropriate arrangements with interested employers to ensure that the training acquired by the centre's trainees is recognised.
III - State aid
Article 9
The State may provide:
1. Technical assistance:
a) Assistance with the training of staff called upon to teach at the centre;
b) Provision of premises and facilities;
c) Provision of technical and teaching documents;
d) Provision of teaching staff.
2. Financial assistance:
The State may pay the centre:
a) A grant to enable the various cycles to be developed;
b) A flat-rate operating grant.
The amount of this grant is calculated, for each financial year, in accordance with the conditions laid down by the Minister responsible for vocational training, after consultation with the National Council for Lifelong Vocational Training.
In all cases, separate accounts are kept for the cycles and trainees covered by the agreement.
In the event that the number of people actually present or the duration of the training courses is lower than forecast, the amount of the subsidy will be reduced accordingly.
If the amount of the various resources received for the courses covered by the agreement exceeds the amount of expenditure actually incurred in running these courses, this surplus must be deducted from the grant due for the following financial year or repaid to the Treasury.
c) A grant to cover part of the cost of building and equipping the centre.
The conditions for awarding this grant, as well as the methods for calculating it, are set by the Minister responsible for vocational training, after consultation with the National Council for Lifelong Vocational Training.
The amount of this subsidy may not be increased if the actual cost of the work carried out exceeds the amount of the provisional estimate, whether this is due to an underestimation of the cost of the work, an update of the price of the operation or a contractual price increase.
In the event that the training courses provided for in the agreement are terminated, or if the equipment provided is not used in accordance with the stipulations of the agreement, the centre receiving a capital grant is required to repay the grant received, in proportion to the number of years remaining on the depreciation periods: five years for equipment, ten years for property improvements, twenty years for constructions or purchases of buildings. Where State aid has been granted for the purchase of land, this contribution must be repaid in full.
Similarly, if the training capacity is less than that provided for in the agreement, the centre must reimburse the subsidy received in proportion to the number of places planned but not provided.
3. Technical and financial assistance:
The assistance provided for in 1 and 2 above may be combined.
In this case, the technical assistance is subject to a financial evaluation and is deducted from the grant.
IV - State control
Article 10
Operating aid
a) Educational and technical supervision.
The centre is subject to educational supervision by the competent departments and bodies designated by the co-signing authority. This control covers the purpose of the training, the methods, the programmes and the quality of the teaching provided. The Centre Council is consulted on the occasion of this control.
b) Financial control.
Each year, the head of the centre shall submit a report on the results of the training courses organised, a financial statement of the expenditure and resources actually recorded and an annual budget; these various documents shall be forwarded with the opinion of the centre council.
Without prejudice to the controls that the State may exercise by virtue of the regulations in force over organisations and companies receiving subsidies from public funds, the departments or bodies designated by the co-signing authority, which are competent to carry out administrative, financial and technical inspections, have access to the centre's premises. They may also ask to be provided with any documents required to monitor the centre's activity and trainee attendance, and in particular staffing levels and timetables.
Article 11
Equipment assistance
While the work is being carried out, the inspection department may check that it complies with the plans and specifications submitted.
Once the work has been completed or the equipment acquired, the co-signing authority may check at any time that the capacity created and the use of the equipment are in accordance with the purpose set out in the appendix to the agreement.
To this end, the departments designated by this authority will have access to the centre's premises and may obtain any information required to monitor its activity.
V.-Application and duration of the agreement
Article 12
Amendment of the agreement
The co-signing authority may, at any time, immediately terminate the agreement in the event that the control exercised over the centre reveals that the organisation of the training cycles or the conditions of its management do not meet the conditions defined in the agreement.
The co-signing authority may also ask the head of the centre at any time to modify the organisational or operational conditions of a current training cycle if these appear to be defective.
In both of these cases, the centre council is consulted.
Apart from these cases, each of the parties shall inform the other, at least two months in advance, of any changes it wishes to be made to the provisions of the agreement or its annexes.
This is particularly the case when it appears necessary to adapt the purpose of the courses or the training methods to new requirements or possibilities that may arise from changes in employment and existing training resources.
Changes agreed by mutual agreement and after consultation with the Centre Council will be the subject of an amendment.
Article 13
Termination of the agreement
The agreement may be terminated by either party giving three months' notice.
When the agreement is terminated, special arrangements shall be made, the Centre Board having been consulted to safeguard the interests of trainees in the course of their training.
