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Learning in the public service: what are the rules?
Verified 01 May 2023 - Legal and Administrative Information Directorate (Prime Minister)
What applies to you ?
Contract concluded from 1 April 2020
The apprenticeship contract is a written contract of employment of limited duration (CDL).
It allows the apprentice to undergo hands-on company training under the responsibility of an apprenticeship master.
In addition to this training, the apprentice undergoes general and technical training in an apprenticeship training center (AFC) for a period ranging from 6 months to 3 years.
Age
The apprentice must be old at minimum of 16 yrs.
However, it is possible to be an apprentice at 15 years if the age is reached between the start of the school year and 31 December of calendar year.
The young person must have completed his year of 3e.
The maximum age is 29 years (30 years minus 1 day).
The maximum age may be raised to 34 years (35 years minus 1 day) in the following cases:
- Apprentice signing a new contract to access a higher level of diploma than that already obtained
- Previous contract of the apprentice who has been terminated for reasons beyond his control
- Previous broken apprentice contract for physical and temporary incapacity
In these cases, it should not take more than 1 year between the 2 contracts.
There's no no maximum age in the following cases:
- Recognized apprentice handicapped worker
- Apprentice considering starting or resuming a company with a degree
- Apprentice registered as a high-performance athlete
If the apprentice does not obtain the relevant diploma or professional title, the apprenticeship can be extended for a maximum of 1 year with a new contract with another employer.
The apprenticeship contract concluded in an administration is a private law contract of limited duration (CDL).
The contract is signed by the employer and the apprentice (and his/her legal representative, if the apprentice is a minor).
One copy is given to the apprentice, the other is kept by the employer.
An agreement between the Apprenticeship Training Center (ATC), the employer and the apprentice or his legal representative, fixing the duration of the contract, shall be annexed to it.
Any modification of an essential element of the contract shall be the subject of an amendment forwarded to the DDETS: titleContent.
Some points of the private sector apprenticeship contract do not apply. For example:
- The apprenticeship contract may not be replaced by a declaration made by the employer where the minor apprentice is employed by a ascendant.
- There is no signing of an apprenticeship contract DTA: titleContent.
- Similarly, the apprenticeship contract is not forwarded to the skills operator.
Within 5 working days after the start of the apprenticeship contract, the employer shall forward the contract to the DDETS: titleContent or to the DDETSPP: titleContent.
This transmission is done by dematerialized means using the platform for dematerialization of public service learning contracts.
This platform allows public employers to enter and generate the cerfa, and then transmit the contract directly to the DDETS: titleContent or to the DDETSPP: titleContent.
Conclusion and transmission of the apprenticeship contract in the public service
The DDETS: titleContent or the DDETSPP: titleContent has 20 days to decide on the taking over of the contract. If the Commission does not reply within that period, the request shall be accepted.
Please note
one mediator shall be appointed in the event of a dispute between the employer and the apprentice or his legal representative concerning the performance or termination of the apprenticeship contract.
An apprentice in a public administration receives training in an apprenticeship training center (CFA) or a vocational high school apprenticeship section.
However, a CFA may enter into an agreement with one or more CFAs managed by one of the public employers.
When learning takes place in a local authority or one of its public administrative establishments, an agreement may be concluded with the CNFPT: titleContent.
FYI
the agreement must specify how the employer is to bear the costs of transport and accommodation during practical training.
The apprentice must start training within 3 months of the start of the apprenticeship contract.
One national trades card is issued to the apprentice by the CFA. It allows it to benefit from reduced rates.
What is the role of the Learning Master?
The apprenticeship teacher is directly responsible for the apprentice's training and performs the function of guardian.
He accompanies the apprentice in his work to obtain the title or diploma prepared, in liaison with the CFA.
The employer must ensure that the apprentice teacher receives training to enable him to carry out his duties.
The apprenticeship teacher must ensure that the training given to the apprentice has not changed. It must also ensure that the acquisition of the training required to obtain the diploma is respected.
FYI
Since 1er january 2022, the learning master shall be provided with annual flat-rate allowance of €500.
Who can be a master of learning?
The learning master must be voluntary and major. It must also offer every guarantee of morality and possess pedagogical and professional skills.
Professional competence of the apprenticeship teacher
The professional competence requirements for being a master of apprenticeship differ according to the title or diploma held.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Graduated or titled master of apprenticeship
The apprenticeship teacher must have a diploma or a professional qualification in the same field as that prepared by the apprentice. He must justify1 year of professional practice in relation to the qualification prepared by the apprentice.
Traineeships and periods of professionalization or apprenticeship are not taken into account in the calculation of the length of experience required.
Master of apprenticeship without diploma or qualification
The apprenticeship teacher must provide proof of 2 years of professional practice in relation to the qualification prepared by the apprentice.
Traineeships and periods of professionalization or apprenticeship are not taken into account in the calculation of the length of experience required.
Working time is the same as that of other staff in the public sector.
Training time is actual working time and counts as part of the working hours.
Minimum Wage
The apprentice receives a remuneration corresponding to a percentage of the Smic: titleContent.
Situation | 16 to 17 years | 18-20 years | 21-25 years | 26 years and older |
|---|---|---|---|---|
1re year | 27% of the Smic, or €471.74 | 43% of the Smic, or €751.30 | 53% of the Smic, or €926.02 | 100% of the Smic, or €1,747.20 |
2e year | 39% of the Smic, or €681.41 | 51% of the Smic, or €891.07 | 61% of the Smic, or €1,065.79 | 100% of the Smic, or €1,747.20 |
3e year | 55% of the Smic, or €960.96 | 67% of the Smic, or €1,170.62 | 78% of the Smic, or €1,362.82 | 100% of the Smic, or €1,747.20 |
Apprentices preparing a professional license in 1 year receive a remuneration corresponding to a 2e contract year.
Deductions for benefits in kind (food or accommodation) provided for in the apprenticeship contract may be made up to 75% salary.
Wage increase
The apprentice's salary percentage is increased by 15 points if the following 3 conditions are met:
- The contract is concluded for a period of up to 1 year
- The apprentice is preparing a diploma or diploma of the same level as the one previously obtained
- The qualification sought is directly related to that resulting from the diploma or qualification previously obtained.
The salary increases connected with the transition from one age group to another shall take effect from 1er the day of the month following the apprentice's birthday.
Please note
for contracts concluded as of 27 april 2020, public employers have the option to increase the rates of pay by 10 points or 20 points.
A worker with a disability who has an apprenticeship contract may be granted tenure in a body or in a public service job.
This scheme applies to persons whose apprenticeship contract ends after 1er June 2020 and until August 6, 2025.
Tenure is proposed subject to the conditions of access to the body concerned and after verification of professional competence by a tenure commission.
In image
How to break the apprenticeship contract?
Within the first 45 days
The contract may be terminated in writing by the employer or the apprentice.
This break must occur before the end of the first 45 days of practical training in the company, even if they are not consecutive.
After 45 days
The contract may be terminated in any of the following cases:
- By mutual agreement between employer and apprentice
- By the apprentice who must grasp the mediator. He shall then inform his employer after a minimum period of 5 calendar days. The termination of the contract shall take place after a minimum period of 7 calendar days after the employer has been informed.
- By the apprentice who obtains his diploma before the time initially fixed provided that he informs his employer in writing 1 month in advance
- By the employer for serious misconduct, incapacity, force majeure and the permanent exclusion of the apprentice from the CFA, in accordance with the dismissal on personal grounds
Following the termination of his contract, the apprentice who has not found a new employer can continue his theoretical training for 6 months in CFA. In this case, he shall have the status of trainee for vocational training. He retains his social rights.
The apprentice is insured under the general social security scheme and the supplementary pension scheme (Ircantec) non-permanent public officials.
In the event of unemployment, the apprentice shall be entitled to compensation in the same special conditions only a public official.
If the apprentice continues to work in the administration after the end of his contract, the time spent in apprenticeship is not taken into account in calculating his seniority.
This period of apprenticeship is not taken into account to access internal competitions, so the apprentice must pass the competition external. It does not contribute to special pension plans.
However, the apprenticeship contract shall be taken into account in calculating the length of service required for the 3e competition.
Contract concluded from 8 August 2019 until 31 March 2020
The apprenticeship contract is a written contract of employment of limited duration (CDL).
It allows the apprentice to take part in work-linked training in company, under the responsibility of a master apprentice and in an apprenticeship training center (CFA) for 1 to 3 years.
The apprentice must be between the ages of 16 and 30.
Age
The apprentice must be old at minimum of 16 yrs.
However, it is possible to be an apprentice at 15 years if the age is reached between the start of the school year and 31 December of calendar year.
The young person must have completed his year of 3e.
The maximum age is 29 years (30 years minus 1 day).
The maximum age may be raised to 34 years (35 years minus 1 day) in the following cases:
- Apprentice signing a new contract to access a higher level of diploma than that already obtained
- Previous contract of the apprentice who has been terminated for reasons beyond his control
- Previous broken apprentice contract for physical and temporary incapacity
In these cases, it should not take more than 1 year between the 2 contracts.
There's no no maximum age in the following cases:
- Recognized apprentice handicapped worker
- Apprentice considering starting or resuming a company with a degree
- Apprentice registered as a high-performance athlete
The apprentice does not obtain the relevant diploma or professional title. In this case, the apprenticeship can be extended for up to 1 year with a new contract with another employer.
The apprenticeship contract concluded in an administration is a private law contract of limited duration (CDL).
The contract is signed by the employer and the apprentice (and his/her legal representative, if the apprentice is a minor).
One copy is given to the apprentice, the other is kept by the employer.
An agreement between the Apprenticeship Training Center (ATC), the employer and the apprentice or his legal representativefixing the duration of the contract shall be annexed to it.
Any modification of an essential element of the contract shall be the subject of an amendment forwarded to the DDETS: titleContent.
Some points of the private sector apprenticeship contract do not apply. For example:
- The apprenticeship contract may not be replaced by a declaration made by the employer where the minor apprentice is employed by a ascendant.
- There is no signing of an apprenticeship contract DTA: titleContent.
- The apprenticeship contract shall not be forwarded to the skills operator.
The employer shall forward the contract to the DDETS: titleContent no later than 5 working days after the start of the apprenticeship contract.
This transmission can be done by dematerialized means. DDETS has 20 days to decide on the assumption of the contract.
If the Commission does not reply within that period, the request shall be accepted.
Please note
one mediator shall be appointed in the event of a dispute between the employer and the apprentice or his legal representative concerning the performance or termination of the apprenticeship contract.
An apprentice in a public administration receives training in an apprenticeship training center (CFA) or a vocational high school apprenticeship section.
However, a CFA may enter into an agreement with one or more CFAs managed by one of the public employers.
When learning takes place in a local authority or one of its public administrative establishments, an agreement may be concluded with the CNFPT: titleContent.
FYI
the agreement must specify how the employer is to bear the costs of transport and accommodation during practical training.
The apprentice must start training within 3 months of the start of the apprenticeship contract.
One national trades card is issued to the apprentice by the CFA. It allows it to benefit from reduced rates.
What is the role of the Learning Master?
The apprenticeship teacher is directly responsible for the apprentice's training and performs the function of guardian.
He accompanies the apprentice in his work to obtain the title or diploma prepared, in liaison with the CFA.
The employer must ensure that the apprentice teacher receives training to enable him to carry out his duties.
The apprenticeship teacher must ensure that the training given to the apprentice has not changed. It must also ensure that the acquisition of the training required to obtain the diploma is respected.
Who can be a master of learning?
The learning master must be voluntary and major. It must also offer every guarantee of morality and possess pedagogical and professional skills.
Professional competence of the apprenticeship teacher
The professional competence requirements for being a master of apprenticeship differ according to the title or diploma held.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Graduated or titled master of apprenticeship
The apprenticeship teacher must have a diploma or a professional qualification in the same field as that prepared by the apprentice. He must justify1 year of professional practice in relation to the qualification prepared by the apprentice.
Traineeships and periods of professionalization or apprenticeship are not taken into account in the calculation of the length of experience required.
Master of apprenticeship without diploma or qualification
The apprenticeship teacher must provide proof of 2 years of professional practice in relation to the qualification prepared by the apprentice.
Traineeships and periods of professionalization or apprenticeship are not taken into account in the calculation of the length of experience required.
Working time is the same as that of other staff in the public sector.
Training time is actual working time and counts as part of the working hours.
The apprentice's remuneration is calculated on the basis of the Smic: titleContent.
The ratio between the minimum wage and the minimum wage of an apprentice is fixed on the basis of a full-time period of 151.67 hours.
Situation | 16-17 years | 18-20 years | 21-25 years | 26 years and older |
|---|---|---|---|---|
1re year | Not applicable | Not applicable | Not applicable | Not applicable |
2e year | Not applicable | Not applicable | Not applicable | Not applicable |
3e year | Not applicable | 67% of the Smic, or €1,170.62 | 78% of the Smic, or €1,362.82 | 100% of the Smic (€1,747.20) |
A worker with a disability who has an apprenticeship contract may be granted tenure in a body or in a public service job.
This scheme applies to persons whose apprenticeship contract ends after 1er June 2020 and until August 6, 2025.
Tenure is proposed subject to the conditions of access to the body concerned and after verification of professional competence by a tenure commission.
Within the first 45 days
The contract may be terminated in writing by the employer or the apprentice.
This break must occur before the end of the first 45 days of practical training in the company, even if they are not consecutive.
After 45 days
The contract may be terminated in any of the following cases:
- By mutual agreement between employer and apprentice
- By the apprentice who must grasp the mediator. He shall then inform his employer after a minimum period of 5 calendar days. The termination of the contract shall take place after a minimum period of 7 calendar days after the employer has been informed.
- By the apprentice who obtains his diploma before the time initially fixed provided that he informs his employer in writing 1 month in advance
- By the employer for serious misconduct, incapacity, force majeure and the permanent exclusion of the apprentice from the CFA, in accordance with the dismissal on personal grounds
Following the termination of his contract, the apprentice who has not found a new employer can continue his theoretical training for 6 months in CFA. In this case, he shall have the status of trainee for vocational training. He retains his social rights.
The apprentice is insured under the general social security scheme and the supplementary pension scheme (Ircantec) non-permanent public officials.
In the event of unemployment, the apprentice shall be entitled to compensation in the same special conditions only a public official.
If the apprentice continues to work in the administration after the end of his contract, the time spent in apprenticeship is not taken into account in calculating his seniority.
This period of apprenticeship is not taken into account to access internal competitions, so the apprentice must pass the competition external. It does not contribute to special pension plans.
However, the apprenticeship contract shall be taken into account in calculating the length of service required for the 3e competition.
- Civil Service Code: Article L424-1
- Labor Code: Articles L6227-1 to L6227-12Learning development in the non-industrial and commercial public sector
- Labor Code: Articles D6271-1 to D6271-3Agreement on apprenticeship with a legal person governed by public law
- Labor Code: Articles D6222-26 to D6222-33Reference rate in relation to the Smic
- Decree No. 2020-530 of 5 May 2020 establishing tenure in the public service for disabled workers following an apprenticeship contract
- Labor Code: Article D6273-1Master of Learning
- Labor Code: Article D6274-1Appointment of a mediator
- Labor Code: Articles D6272-1 to D6272-2Remuneration of apprentices in the non-industrial and commercial public sector
- Labor Code: Articles D6275-1 to D6275-5Contract filing in the non-industrial and commercial public sector
- Apprenticeship contractService-Public.fr
- Learning in the Public ServiceMinistry of Public Service
- Learning Guide 2020 in the State Public ServiceMinistry of Public Service
- LearningMinistry of Labor
- CFA: what you need to knowMinistry of Education
- Precise learningMinistry of Labor
- Trades student card (PDF - 242.4 KB)Ministry of Vocational Training