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Coronavirus outbreak (COVID-19)
Covid-19: What provisions for apprenticeship and professionalization contracts?
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
Can the apprentice benefit from short-time work? What are the planned allowances? What happens if he can't start his training? To reflect the suspension of apprentices and trainees from training centers, apprenticeship and professionalization contracts that are in place as of March 12, 2020, may be extended during the outbreak. The partial activity allowances have also been specified in an order, published in the Official Journal of 16 april 2020
What compensation?
As an employee, the apprentice may be placed in partial employment by the company.
In the case of partial activity, there is no distinction between period in company and period in CFA. Whether the training continues during the period of confinement or not, the apprentice placed in partial employment is placed in the course of his usual working time (which therefore includes the training time). However, it is in the apprentice's best interest to take the courses remotely, if they have the tools to do so and if the CFA offers it, to maintain their chances of passing the exam.
An apprentice placed in partial employment no longer receives remuneration from his employer, but compensation, like other employees.
Compensation varies according to the previous remuneration of apprentices and employees under a professional contract.
- for remuneration below the Smic: the partial activity allowance will be equal to their previous remuneration (the compensation paid covers both the remuneration applicable under the provisions of the Labor Code and the contractual part).
- for remuneration equal to or greater than the Smic: the employer shall pay an allowance equivalent to 70% previous gross hourly earnings (either 84% of the net salary), which may not be less than €8.03 (i.e. the Smic).
What are the possible extensions of the contract?
The fact of being placed in partial employment does not automatically lead to the extension of the employee's contract. In fact, the procedures for carrying out distance training are facilitated in order to allow, as far as possible, the continuation of the training according to the timetable initially planned. However, if the training session is postponed or if the entire training could not be carried out remotely or even the examination staggered, the contract may be extended. The usual provisions relating to the duration of contracts, the maximum age of the beneficiary (25 years and 26 years for jobseekers) and the duration of training may be waived.
Apprentices whose apprenticeship contracts are in progress have the option of not starting their training within the maximum period of 3 months in view of the difficulties associated with the state of health emergency. They shall be given an additional period of three months.
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