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Professionalisation contract
Verified 01 mai 2022 - Legal and Administrative Information Directorate (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 is supported by 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:
- Qualification of the National Professional Certification Register (NCCPR)
- Qualification recognised in the classifications of a national branch collective agreement
- Qualification on the list of candidates eligible for a certificate of professional qualification
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
The contract of professionalisation is addressed to the following persons:
- Youth aged 16 to 25 years (26 years less a day) to complete their initial training
- Recipient RSA
- Recipient of specific solidarity allowance (SSA)
- Recipient of Adult Disability Allowance (AAH)
- Person leaving a Single Insertion Contract (CUI)
Employers concerned
Private Employer
Any private sector employer (company, association, mutual, cooperative).
Please note : the individual employer is excluded from the scheme.
Public Employer
Only Epic 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:
Professionalisation contract
Cerfa n° 12434*03 - Ministry of Labour
Other number :
EJ 20
Content
The contract shall designate a guardian and shall indicate the following information:
- Nature of contract (CDD or CDI)
- Job
- Working time
- Salary
- Professionalisation actions specifically envisaged
The contract may provide for test period.
It may not contain exception 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 within 5 days of signing.
TheOpco 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 professional contract.
An agreement shall be concluded between the employer, the host companies and the employee in a contract of professionalisation. It shall specify in particular:
- Title, diploma or certificate of professional qualification prepared
- Duration of welcome period
- Nature of the tasks assigned to the employee
- Schedules and workplaces
Engagement of 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 to acquire a professional qualification. It also undertakes to provide the employee with a job in relation to his/her professional objective.
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:
- Youth 16 to 25 years out of the school system without qualifications
- Youth aged 16 to 25 years to complete initial training and registered for more than one year in Pôle emploi
- Recipient active solidarity income (RSA), specific solidarity allowance (SSA) or Adult Disability Allowance (AAH)
- Person leaving a Single Insertion Contract (CUI)
It can also be extended 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 to 36 months for:
- Youth 16 to 25 years out of the school system without qualifications
- Youth aged 16 to 25 years to complete initial training and registered for more than one year in Pôle emploi
- Recipient active solidarity income (RSA), specific solidarity allowance (SSA) or Adult Disability Allowance (AAH)
- Person leaving a Single Insertion Contract (CUI)
It can also be extended 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.
Working time
Major
The duration of the working time must be mentioned in the contract.
The legal working time The staff is set at 35 hours per week. The time spent at the training centre is actual working time and counts in the work schedule.
The employee's working time under a professional contract is identical to that of other employees.
He can't work more than maximum permitted daily working time.
The employee in a professional contract can work overtime. He may not refuse to perform these hours except for a valid reason (e.g.: if this prevents him from taking courses at 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 time, rest and public holidays.
Paid Leave
The employee shall enjoy the same rights as other employees in 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 the age of 21 on april 30 of the previous year, the employee may apply for additional leave without pay, within 30 days business per year. The age requirement is assessed on April 30 of the year preceding the application.
Specific Leave
The employee in a professional contract is entitled to the same leave as the other employees of the company.
No seniority
Some absences are eligible for specific leave which, depending on the case, may be paid.
These include:
- Family event leave (Civil partnerships, marriage, birth of a child or arrival of a child for adoption, death of close relative, announcement of occurrence of disability in child)
- Leave for arrival of a child at home (absence for medical examinations during pregnancy, maternity leave, adoption, paternity)
- Sick and disabled leave (absence for sick or parental leave)
- Severe illness leave (family solidarity leave or caregiver leave)
With seniority
Some absences allow 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:
- Youth 16 to 25 years out of the school system without qualifications
- Youth aged 16 to 25 years to complete initial training and registered for more than one year in Pôle emploi
- Recipient active solidarity income (RSA), specific solidarity allowance (SSA) or Adult Disability Allowance (AAH)
- Person leaving a Single Insertion Contract (CUI)
One national business card [application/pdf - 242.4 KB] is issued by the training body or service. It offers reduced rates.
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 professionalisation contract can be executed in part at the foreigner for up to 1 year. In this case, the duration of the contract may be increased to 24 months, including a minimum of 6 months 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 at the foreigner, the training organisation in France and, possibly, the foreigner training organisation.
Mobility Implementation Agreement Template
Ministry of Labour
Model mobility implementation agreement of 4 weeks or less
Ministry of Labour
The law imposes a minimum wage indexed to Smic for 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 employment contract.
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 professional title or diploma 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.
Employee Age | Minimum basic salary (gross) | Increased minimum wage (gross) |
|---|---|---|
Under 21 | 55% of the Smic €905.08 | 65% of the Smic €1,069.63 |
21 to 25 years | 70% of the Smic €1,151.91 | 80% of the Smic €1,316.47 |
FYI : the holder of a general baccalaureate who signs a professional contract receives 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 employees of the company. 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 the 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.
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 the employee with all of the following documents:
- Work Certificate
- Pôle emploi Attestation
- Balance of any account
- Participation schemes, incentive schemes, wage savings schemes within the company, summary of all amounts and securities saved
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:
- Qualification of the National Professional Certification Register (NCCPR)
- Qualification recognised in the classifications of a national branch collective agreement
- Qualification on the list of candidates eligible for a certificate of professional qualification
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
The contract of professionalisation is addressed to the following persons:
- 26 or older job applicant
- Recipient RSA
- Recipient of specific solidarity allowance (SSA)
- Recipient of Adult Disability Allowance (AAH)
- Person leaving a Single Insertion Contract (CUI)
Employers concerned
Private Employer
Any private sector employer (company, association, mutual, cooperative).
Please note : the individual employer is excluded from the scheme.
Public Employer
Only Epic 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:
Professionalisation contract
Cerfa n° 12434*03 - Ministry of Labour
Other number :
EJ 20
Content
The contract shall designate a guardian and shall indicate the following information:
- Nature of contract (CDD or CDI)
- Job
- Working time
- Salary
- Professionalisation actions specifically envisaged
The contract may provide for test period.
It may not contain exception 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 within 5 days of signing.
TheOpco 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 professional contract.
An agreement shall be concluded between the employer, the host companies and the employee in a contract of professionalisation. It shall specify in particular:
- Title, diploma or certificate of professional qualification prepared
- Duration of welcome period
- Nature of the tasks assigned to the employee
- Schedules and workplaces
Engagement of 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 to acquire a professional qualification. It also undertakes to provide the employee with a job in relation to his/her professional objective.
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:
- Claimant 26 years and older registered for more than one year in Pôle emploi
- Recipient active solidarity income (RSA), specific solidarity allowance (SSA) or Adult Disability Allowance (AAH)
- Person leaving a Single Insertion Contract (CUI)
It can also be extended 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 to 36 months for:
- Claimant 26 years and older registered for more than one year in Pôle emploi
- Recipient active solidarity income (RSA), specific solidarity allowance (SSA) or Adult Disability Allowance (AAH)
- Person leaving a Single Insertion Contract (CUI)
It can also be extended 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 working time The staff is set at 35 hours per week. The time spent at the training centre is actual working time and counts in the work schedule.
The employee's working time under a professional contract is identical to that of other employees.
He can't work more than maximum permitted daily working time.
The employee in a professional contract can work overtime. He may not refuse to perform these hours except for a valid reason (e.g.: if this prevents him from taking courses at the training centre).
The overtime shall be entitled to the same counterparties as other employees.
Paid Leave
The employee shall enjoy the same rights as other employees in 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 Leave
The employee in a professional contract is entitled to the same leave as the other employees of the company.
No seniority
Some absences are eligible for specific leave which, depending on the case, may be paid.
These include:
- Family event leave (Civil partnerships, marriage, birth of a child or arrival of a child for adoption, death of close relative, announcement of occurrence of disability in child)
- Leave for arrival of a child at home (absence for medical examinations during pregnancy, maternity leave, adoption, paternity)
- Sick and disabled leave (absence for sick or parental leave)
- Severe illness leave (family solidarity leave or caregiver leave)
With seniority
Some absences allow 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:
- Claimant 26 years of age and over, registered for more than one year in Pôle emploi
- Recipient active solidarity income (RSA), specific solidarity allowance (SSA), Adult Disability Allowance (AAH)
- Person leaving a Single Insertion Contract (CUI)
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 professionalisation contract can be executed in part at the foreigner for up to 1 year. In this case, the duration of the contract may be increased to 24 months, including a minimum of 6 months 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 at the foreigner, the training organisation in France and, possibly, the foreigner training organisation.
Mobility Implementation Agreement Template
Ministry of Labour
Model mobility implementation agreement of 4 weeks or less
Ministry of Labour
The contract of professionalisation can be executed in part at the foreigner 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 at the foreigner, the training organisation in France and, possibly, the foreigner training organisation.
Minimum pay
The (gross) remuneration of an employee aged 26 or over may not be less than the minimum wage (€1,645.58 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 employees of the company. 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 the 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.
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 the employee with all of the following documents:
- Work Certificate
- Pôle emploi Attestation
- Balance of any account
- Participation schemes, incentive schemes, wage savings schemes within the company, summary of all amounts and securities saved