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Professional Contract

Verified 01 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)

The contract of professionalisation is a contract of work alternately between a private sector employer and an employee meeting certain criteria. It enables the acquisition of a professional qualification in the context of continuing education. The contract of professionalisation must be written and may be fixed term (CDD) or indefinite term (CDI). The employee has the support of a guardian.

Before 26

The contract of professionalisation is a contract of employment alternating. This principle allows for the association of education in a continuing education organisation and periods of practice within one or more companies.

It shall aim to obtain qualifications or diplomas corresponding to one of the following qualifications:

Experimentation that allows a "tailor-made" training course (not necessarily qualifying or certifying) is extended until December 23, 2023.

Employers and operators of skills may define themselves, in agreement with the employee, the skills to be acquired under the contract of professionalisation.

Persons concerned

The contract of professionalisation is addressed to the following persons:

Employers concerned

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Private Employer

Any private sector employer (company, association, mutual, cooperative).

Please note

the individual employer is excluded from the scheme.

Public Employer

Only Epic: titleContent and weapons companies.

Shape

The contract of professionalisation must be written and may be concluded under a fixed-term contract (CSD) or an indefinite contract (CDI). It shall be drawn up using form cerfa n°12434:

Professional Contract

Content

The contract shall designate a guardian and shall indicate the following information:

  • Nature of the contract (CDD or CDI)
  • Job
  • Working time
  • Salary
  • Professionalisation actions specifically envisaged

The contract may provide for test period.

It may not contain deviation clause.

FYI  

a detailed description of the associated training and training organisation concerned shall be annexed to the contract.

Validation

The contract must be sent to theOpco: titleContent within 5 days of signing.

TheOpco: titleContent has 20 days to object to and cancel the contract if he considers that the contract contains provisions that are illegal or not in accordance with collective agreements.

Convention with a host company

The employee may complete training in other companies for equipment or techniques not used by the employer. Hospitality within these companies shall not exceed half of the company training time provided for in the contract of professionalisation.

An agreement shall be concluded between the employer, the host companies and the employee in a contract of professionalisation. It shall specify in particular the following:

  • Title, diploma or certificate of professional qualification prepared
  • Duration of welcome period
  • Nature of the tasks assigned to the employee
  • Hours and places of work

Commitment of the parties

The employee undertakes to work on behalf of his or her employer and to undergo the training provided for in the contract.

The employer undertakes to provide training to the employee so that he can acquire a professional qualification. It also undertakes to provide the employee with a job in relation to his/her professional objective.

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CDD

Initial Duration and Extension

The contract can be concluded for a period of 6 to 12 months.

However, the duration of the CDD may be extended to 36 months for the following:

It can also be extended up to 24 months for other employees or where the qualification concerned so requires. Beneficiaries and the nature of qualifications must be defined by collective agreements.

Renewal

The contract may be renewed 1 time if the beneficiary who has obtained the qualification concerned prepares a higher or additional qualification.

The CSD may also be renewed if the beneficiary has not obtained the relevant qualification for one of the following reasons:

  • Failed to get qualification
  • Maternity or adoption
  • Disease
  • accident at work
  • Absence or insufficiency of courses provided by the training organisation

CDI

The contract includes training (professionalisation action) over a period of 6 to 12 months at the beginning of the contract.

However, the duration of this training period may be extended up to 36 months for the following:

It can also be extended up to 24 months for other employees or where the qualification concerned so requires. Beneficiaries and the nature of qualifications must be defined by agreements or conventions.

The extension takes place over the period of alternation. The contract of employment continued under the CDI.

The length of time worked varies according to the age of the employee.

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Major Employee

The duration of the working time must be mentioned in the contract.

The legal duration of work The staff is set at 35 hours per week. The time spent at the training centre is actual working time and is included in the work schedule.

The working time of the employee in a professional contract is identical to that of the other employees.

He can't work more than maximum permitted daily working time.

The employee in a professional contract can work overtime. He or she may not refuse to perform these hours except for a valid reason (e.g., if this prevents him or her from attending the training centre).

The overtime shall be entitled to the same counterparties as other employees.

Minor

All employee under 18 has specific provisions on working hours, rest periods and public holidays.

Paid Leaves

The employee shall enjoy the same rights as other employees with regard to the acquisition of paid vacation. Training Centre periods are taken into account in calculating the accrual of paid leave.

Leave is taken outside of training periods. The employer can decide how long the employee takes his or her leave.

Please note

if the employee is under 21 years of age as of april 30 of the previous year, the employee may apply for additional leave without pay, up to 30 days business per year. The age requirement shall be assessed on 30 April of the year preceding the application.

Specific Leaves

The employee in a professional contract is entitled to the same leave as the other employees of the company.

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No seniority condition

Some absences are eligible for specific leave which, depending on the case, may be paid.

These include:

With seniority condition

Some absences are eligible for specific leave with seniority.

These include:

The training of an employee in a professional contract takes the form of assessment and support actions and general, professional and technological courses.

Who's training?

Training activities shall be carried out either by the company (if it has a training service) or by a public or private training body. Training is free.

Duration of training

Training time is at least 150 hours per year.

It shall also represent 15% and 25% of the total duration of the contract of professionalisation if it is fixed-term.

Minimum duration may exceed 25% by a branch or interbranch agreement, and for certain categories of employees, in particular in the following cases:

One national business card shall be issued by the training body or service. It allows you to benefit from reduced rates.

Warning  

the assessment and accompanying actions and general lessons must start within 2 months of the signing of the employment contract.

The employee in a professional contract is supported by a tutor within the company that employs it and the other companies that host it.

The guardian must be a qualified employee of the company and have at least 2 years of professional experience in relation to the qualification concerned.

It cannot handle more than 3 beneficiaries of professionalisation or apprenticeship contracts. If tutoring is provided by the employer, the maximum is 2.

The contract of professionalisation can be executed in part abroad for 1 year maximum. In this case, the duration of the contract may be increased to 24 months, of which at least 6 months are executed in France.

During this period, the host company or training organisation shall be solely responsible for the conditions of performance of the employee's work. These are determined by the legal and contractual provisions in force in the host country (remuneration, working hours, leave...).

An agreement may be concluded between the employee, the employer in France, the employer abroad, the training organisation in France and, possibly, the training organisation abroad.

Mobility Implementation Agreement Template

Model mobility implementation agreement of 4 weeks or less

The law imposes a minimum wage indexed to the Smic: titleContent for the holders of a professional contract. The minimum remuneration varies according to the age and level of qualification of the employee. It applies for the duration of the CSD or, in the case of a CDI, for the duration of the professionalisation action.

A more favourable remuneration for the employee may be provided for by contractual provisions or the contract of employment.

Minimum pay

A minimum basic remuneration applies to holders of a non-professional baccalaureate degree or diploma or diploma below baccalaureate.

It is increased if the young person holds a certificate or diploma for professional purposes equal to or greater than the bac level.

Increases relating to the transfer from one age group to another shall take effect from 1to day of the month following the alternate's birthday.

Tableau - Salary level for an employee under 26 years of age

Employee Age

Minimum basic salary (gross)

Increased minimum wage (gross)

Under 21

55% of the Smic €940.11

65% of the Smic €1,111.04

21 to 25 years inclusive

70% of the Smic €1,196.50

80% of the Smic €1,367.43

FYI  

the holder of a general baccalaureate who signs a contract of professionalisation benefits from the basic minimum wage.

In-kind benefit salary deduction

The in-kind benefits can be deducted from salary up to 75% deductions permitted for other company employees. However, the amount of these deductions may not exceed 3/4 of the minimum monthly remuneration applicable to the contract holder.

Transport costs

The employee shall be entitled to be paid freight to get from home to work.

At time of hiring

The employer must organise a information and prevention visit or a medical examination of suitability for recruitment.

Other medical examinations

The employee also benefits from periodic visits and recovery visit after a work stoppage.

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CDD

The fixed-term contract (fixed-term contract) is terminated either because it is coming to an end or because it is subject to an early breach.

The professionalisation contract is subject to the CDD break.

FYI  

no termination compensation (or precarious allowance) is due.

CDI

The contract may be terminated under the terms of the CDI: break at the initiative of the employer or employee or conventional break.

The employer must provide you with all of the following documents:

From 26 years

The contract of professionalisation is a contract of employment alternating. This principle allows for the association of education in a continuing education organisation and periods of practice within one or more companies.

It shall aim to obtain qualifications or diplomas corresponding to one of the following qualifications:

Experimentation that allows a "tailor-made" training course (not necessarily qualifying or certifying) is extended until December 23, 2023.

Employers and operators of skills may define themselves, in agreement with the employee, the skills to be acquired under the contract of professionalisation.

Persons concerned

The contract of professionalisation is addressed to the following persons:

Employers concerned

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Private Employer

Any private sector employer (company, association, mutual, cooperative).

Please note

the individual employer is excluded from the scheme.

Public Employer

Only Epic: titleContent and weapons companies.

Shape

The contract of professionalisation must be written and may be concluded under a fixed-term contract (CSD) or an indefinite contract (CDI). It shall be drawn up using form cerfa n°12434:

Professional Contract

Content

The contract shall designate a guardian and shall indicate the following information:

  • Nature of the contract (CDD or CDI)
  • Job
  • Working time
  • Salary
  • Professionalisation actions specifically envisaged

The contract may provide for test period.

It may not contain deviation clause.

FYI  

a detailed description of the associated training and training organisation concerned shall be annexed to the contract.

Validation

The contract must be sent to theOpco: titleContent within 5 days of signing.

TheOpco: titleContent has 20 days to object to and cancel the contract if he considers that the contract contains provisions that are illegal or not in accordance with collective agreements.

Convention with a host company

The employee may complete training in other companies for equipment or techniques not used by the employer. Hospitality within these companies shall not exceed half of the company training time provided for in the contract of professionalisation.

An agreement shall be concluded between the employer, the host companies and the employee in a contract of professionalisation. It shall specify in particular the following:

  • Title, diploma or certificate of professional qualification prepared
  • Duration of welcome period
  • Nature of the tasks assigned to the employee
  • Hours and places of work

Commitment of the parties

The employee undertakes to work on behalf of his or her employer and to undergo the training provided for in the contract.

The employer undertakes to provide training to the employee so that he can acquire a professional qualification. It also undertakes to provide the employee with a job in relation to his/her professional objective.

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CDD

Initial Duration and Extension

The contract can be concluded for a period of 6 to 12 months.

However, the duration of the CDD may be extended to 36 months for the following:

It can also be extended up to 24 months for other employees or where the qualification concerned so requires. Beneficiaries and the nature of qualifications must be defined by collective agreements.

Renewal

The contract may be renewed 1 time if the beneficiary who has obtained the qualification concerned prepares a higher or additional qualification.

The CSD may also be renewed if the beneficiary has not obtained the relevant qualification for one of the following reasons:

  • Failed to get qualification
  • Maternity or adoption
  • Disease
  • accident at work
  • Absence or insufficiency of courses provided by the training organisation

CDI

The contract includes training (professionalisation action) over a period of 6 to 12 months at the beginning of the contract.

However, the duration of this training period may be extended up to 36 months for the following:

It can also be extended up to 24 months for other employees or where the qualification concerned so requires. Beneficiaries and the nature of qualifications must be defined by agreements or conventions.

The extension takes place over the period of alternation. The contract of employment continued under the CDI.

The duration of the working time must be mentioned in the contract.

The legal duration of work The staff is set at 35 hours per week. The time spent at the training centre is actual working time and is included in the work schedule.

The working time of the employee in a professional contract is identical to that of the other employees.

He can't work more than maximum permitted daily working time.

The employee in a professional contract can work overtime. He or she may not refuse to perform these hours except for a valid reason (e.g., if this prevents him or her from attending the training centre).

The overtime shall be entitled to the same counterparties as other employees.

Paid Leaves

The employee shall enjoy the same rights as other employees with regard to the acquisition of paid vacation. Training Centre periods are taken into account in calculating the accrual of paid leave.

Leave is taken outside of training periods. The employer can decide how long the employee takes his or her leave.

Specific Leaves

The employee in a professional contract is entitled to the same leave as the other employees of the company.

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No seniority condition

Some absences are eligible for specific leave which, depending on the case, may be paid.

These include:

With seniority condition

Some absences are eligible for specific leave with seniority.

These include:

The training of an employee in a professional contract takes the form of assessment and support actions and general, professional and technological courses.

Who's training?

Training activities shall be carried out either by the company (if it has a training service) or by a public or private training body. Training is free.

Duration of training

Training time is at least 150 hours per year.

It shall also represent 15% and 25% of the total duration of the contract of professionalisation if it is fixed-term.

Minimum duration may exceed 25% by a branch or interbranch agreement, and for certain categories of employees, in particular in the following cases:

Warning  

the assessment and accompanying actions and general lessons must start within 2 months of the signing of the employment contract.

The employee in a professional contract is supported by a tutor within the company that employs it and the other companies that host it.

The guardian must be a qualified employee of the company and have at least 2 years of professional experience in relation to the qualification concerned.

It cannot handle more than 3 beneficiaries of professionalisation or apprenticeship contracts. If tutoring is provided by the employer, the maximum is 2.

The contract of professionalisation can be executed in part abroad for 1 year maximum. In this case, the duration of the contract may be increased to 24 months, of which at least 6 months are executed in France.

During this period, the host company or training organisation shall be solely responsible for the conditions of performance of the employee's work. These are determined by the legal and contractual provisions in force in the host country (remuneration, working hours, leave...).

An agreement may be concluded between the employee, the employer in France, the employer abroad, the training organisation in France and, possibly, the training organisation abroad.

Mobility Implementation Agreement Template

Model mobility implementation agreement of 4 weeks or less

The contract of professionalisation may be executed in part abroad for a period not to exceed 1 year.

During this period, the host company or training organisation shall be solely responsible for the conditions of performance of the employee's work. These are determined by the legal and contractual provisions in force in the host country (remuneration, working hours, etc.).

An agreement may be concluded between the employee, the employer in France, the employer abroad, the training organisation in France and, possibly, the training organisation abroad.

Minimum pay

The (gross) remuneration of an employee aged 26 or over may not be less than the minimum wage (€1,709.28 monthly), or 85% of the minimum remuneration provided for in the company's applicable contractual arrangements.

A more favourable remuneration for the employee may be provided for by contractual provisions or the employment contract.

In-kind benefit salary deduction

The in-kind benefits can be deducted from salary up to 75% deductions permitted for other company employees. However, the amount of these deductions may not exceed 3/4 of the minimum monthly remuneration applicable to the contract holder.

Transport costs

The employee shall be entitled to be paid freight to get from home to work.

At time of hiring

The employer must organise a information and prevention visit or medical examination for fitness for employment.

Other medical examinations

The employee also benefits from periodic visits and recovery visit after a work stoppage.

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CDD

The fixed-term contract (fixed-term contract) is terminated either because it is coming to an end or because it is subject to an early breach.

The professionalisation contract is subject to the CDD break.

FYI  

no termination compensation (or precarious allowance) is due.

CDI

The contract may be terminated under the terms of the CDI: break at the initiative of the employer or employee or conventional break.

The employer must provide you with all of the following documents:

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