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Learning in the Public Service: What are the rules?
Verified 01 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)
What applies to you ?
Contract concluded from 1 April 2020
The apprenticeship contract is a short-term written employment contract (LDC).
It allows the apprentice to take a hands-on company training under the responsibility of a master apprentice.
In addition to this training, the apprentice undertakes general and technical training in an apprenticeship training centre (CFA) for a period of up to 6 months to 3 years.
Age
The apprentice must be old at minimum of 16 years.
However, it is possible to be an apprentice 15 years if the age is reached between the beginning of the school year and 31 December calendar year.
The youth must have completed their year of 3e.
The maximum age is 29 years (30 years minus 1 day).
The maximum age may be increased 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 already obtained
- Previous contract of the apprentice broken for reasons beyond his control
- Previous contract of the apprentice broken for physical and temporary incompetence
In these cases, the period between the 2 contracts shall not exceed 1 year.
There is no maximum age in the following cases:
- Apprentice recognised disabled worker
- Apprentice considering starting or resuming a company with a diploma
- Apprentice enrolled as a high-level athlete
If the apprentice does not obtain the relevant diploma or professional designation, the apprenticeship may be extended for a maximum of 1 year with a new contract with another employer.
The apprenticeship contract concluded in a jurisdiction is a private law contract of limited duration (CDL).
The contract is signed by the employer and the apprentice (and by his legal representative, if the apprentice is a minor).
1 copy is given to the apprentice, the other is kept by the employer.
An agreement between the Apprenticeship Training Centre (APC), the employer and the apprentice or his legal representative, setting out the duration of the contract is annexed to the contract.
Any amendment to an essential part of the contract shall be subject to an amendment sent to the DDETS: titleContent.
Certain points of the private sector apprenticeship contract do not apply. For example:
- The apprenticeship contract cannot be replaced by a declaration signed by the employer when the apprentice minor is employed by a ascending.
- There is no signing of an apprenticeship contract CDI: titleContent.
- Similarly, the apprenticeship contract is not transmitted to Competency Operator.
In 5 business days following the commencement of the performance of the apprenticeship contract, the employer shall forward the contract to the DDETS: titleContent or DDETSPP: titleContent.
This transmission is done by dematerialisation using the dematerialisation platform of public service learning contracts.
This platform allows public employers to enter and generate the cerfa and then forward the contract directly to the DDETS: titleContent or DDETSPP: titleContent.
Conclusion and Transmission of the Public Service Apprenticeship Contract
The DDETS: titleContent or DDETSPP: titleContent has 20 days to decide on the assumption of the contract. Without a reply from the Commission within that period, the application shall be accepted.
Please note
one mediator shall be designated in the event of a dispute between the employer and the apprentice or his legal representative concerning the performance or breach of the apprenticeship contract.
The apprentice of a public administration receives his training in an apprenticeship training centre (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 occurs in a territorial community or one of its public administrative institutions, an agreement may be concluded with the CNFPT: titleContent.
FYI
the agreement must specify the method by which the employer pays for the transportation and accommodation costs during the practical training.
The apprentice must enter training within 3 months of the start of the apprenticeship contract.
One national business card is issued to the apprentice by the CFA. It allows it to benefit from reduced rates.
Working time is the same as that of other staff in the public community.
Training time is actual working time and is included in the work schedule.
Minimum pay
The apprentice shall receive a percentage of the Smic: titleContent.
Situation | 16 to 17 years | 18-20 years | 21-25 years | 26+ |
|---|---|---|---|---|
1re year | 27% of the Smic €461.51 | 43% of the Smic €734.99 | 53% of the Smic €905.92 | 100% of the Smic €1,709.28 |
2e year | 39% of the Smic €666.62 | 51% of the Smic €871.73 | 61% of the Smic €1,042.66 | 100% of the Smic €1,709.28 |
3e year | 55% of the Smic €940.11 | 67% of the Smic €1,145.22 | 78% of the Smic €1,333.24 | 100% of the Smic €1,709.28 |
Apprentice who prepares a professional licence in 1 year shall be paid a 2e contract year.
Deductions for benefits in kind (food or lodging) provided for in the apprenticeship contract may be made up to 75% pay.
Salary increase
The apprentice's percentage of pay is increased by 15 points if the following 3 conditions are met:
- The contract shall be concluded for a period of not more than 1 year
- The apprentice prepares a diploma or title at the same level as the one previously obtained
- The qualification sought is directly related to that resulting from the diploma or title previously obtained.
The salary increments relating to the transition from one age bracket to another shall take effect from 1to day of the month following the apprentice's birthday.
Please note
for contracts entered into on or after april 27, 2020, public employers have the option to increase rates of pay by 10 points or 20 points.
A worker with a disability who has a learning contract may be granted tenure in a public service body or in a public service job.
This applies to persons whose apprenticeship contract ends after 1to June 2020 and until August 6, 2025.
Authorisation is proposed subject to the conditions of access to the body concerned and after verification of professional competence by a commission of tenure.
In image
How do I break the learning contract?
Within first 45 days
The contract may be broken in writing by the employer or the apprentice.
This break must occur before the first 45 days of company hands-on training, even if they are not consecutive.
After 45 days
The contract may be terminated in one of the following cases:
- Agreed between employer and apprentice
- By the apprentice who must seize Ombudsman. He then informs his employer after a minimum period of 5 calendar days. The breach of contract shall take place after a minimum of 7 calendar days after the employer has been informed.
- By the apprentice who obtains his diploma before the term initially fixed, provided that he informs his employer in writing 1 month in advance
- By the employer for gross misconduct, incompetence, force and final exclusion of the CFA apprentice, following the dismissal for personal reasons
Following the breach of contract, an apprentice who has not found a new employer may continue his theoretical training for 6 months in CFA. In this case, he shall be granted the status of trainee in vocational training. He retains his social rights.
The apprentice is affiliated with the general social security system and the supplementary pension scheme (Ircantec) non-incumbent public officials.
In case of unemployment, the apprentice is compensable 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 learning is not taken into account to access the internal competitions, the apprentice must therefore pass the external competitions. He does not contribute to special pension plans.
Contract concluded from 8 August 2019 until 31 March 2020
The apprenticeship contract is a short-term written employment contract (LDC).
It allows the apprentice to take an alternating course in company, under the responsibility of a master apprentice and apprentice training centre (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 years.
However, it is possible to be an apprentice 15 years if the age is reached between the beginning of the school year and 31 December calendar year.
The youth must have completed their year of 3e.
The maximum age is 29 years (30 years minus 1 day).
The maximum age may be increased 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 already obtained
- Previous contract of the apprentice broken for reasons beyond his control
- Previous contract of the apprentice broken for physical and temporary incompetence
In these cases, the period between the 2 contracts shall not exceed 1 year.
There is no maximum age in the following cases:
- Apprentice recognised disabled worker
- Apprentice considering starting or resuming a company with a diploma
- Apprentice enrolled as a high-level athlete
The apprentice does not obtain the relevant diploma or professional qualification. In this case, the apprenticeship may be extended for a maximum of 1 year with a new contract with another employer.
The apprenticeship contract concluded in a jurisdiction is a private law contract of limited duration (CDL).
The contract is signed by the employer and the apprentice (and by his legal representative, if the apprentice is a minor).
1 copy is given to the apprentice, the other is kept by the employer.
An agreement between the Apprenticeship Training Centre (APC), the employer and the apprentice or his legal representative, fixing the duration of the contract shall be annexed to it.
Any amendment to an essential part of the contract shall be subject to an amendment sent to the DDETS: titleContent.
Certain points of the private sector apprenticeship contract do not apply. For example:
- The apprenticeship contract cannot be replaced by a declaration signed by the employer when the apprentice minor is employed by a ascending.
- There is no signing of an apprenticeship contract CDI: titleContent.
- The apprenticeship contract is not forwarded to Competency Operator.
The employer shall forward the contract to the DDETS: titleContent no later than 5 working days after the start of the performance of the learning contract.
This transmission can be done by dematerialised means. The DDETS has 20 days to decide whether to take over the contract.
Without a reply from the Commission within that period, the application shall be accepted.
Please note
one mediator shall be designated in the event of a dispute between the employer and the apprentice or his legal representative concerning the performance or breach of the apprenticeship contract.
The apprentice of a public administration receives his training in an apprenticeship training centre (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 occurs in a territorial community or one of its public administrative institutions, an agreement may be concluded with the CNFPT: titleContent.
FYI
the agreement must specify the method by which the employer pays for the transportation and accommodation costs during the practical training.
The apprentice must enter training within 3 months of the start of the apprenticeship contract.
One national business card is issued to the apprentice by the CFA. It allows it to benefit from reduced rates.
Working time is the same as that of other staff in the public community.
Training time is actual working time and is included in the work schedule.
Apprentice's remuneration is calculated based on the Smic: titleContent.
The ratio between the SLIC and the minimum remuneration of an apprentice is determined on the basis of a full time of 151.67 hours.
Situation | 16-17 years | 18-20 years | 21-25 years | 26+ |
|---|---|---|---|---|
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 €1,145.22 | 78% of the Smic €1,333.24 | 100% of Smic (€1,709.28) |
A worker with a disability who has a learning contract may be granted tenure in a public service body or in a public service job.
This applies to persons whose apprenticeship contract ends after 1to June 2020 and until August 6, 2025.
Authorisation is proposed subject to the conditions of access to the body concerned and after verification of professional competence by a commission of tenure.
Within first 45 days
The contract may be broken in writing by the employer or the apprentice.
This break must occur before the first 45 days of company hands-on training, even if they are not consecutive.
After 45 days
The contract may be terminated in one of the following cases:
- Agreed between employer and apprentice
- By the apprentice who must seize Ombudsman. He then informs his employer after a minimum period of 5 calendar days. The breach of contract shall take place after a minimum of 7 calendar days after the employer has been informed.
- By the apprentice who obtains his diploma before the term initially fixed, provided that he informs his employer in writing 1 month in advance
- By the employer for gross misconduct, incompetence, force and final exclusion of the CFA apprentice, following the dismissal for personal reasons
Following the breach of contract, an apprentice who has not found a new employer may continue his theoretical training for 6 months in CFA. In this case, he shall be granted the status of trainee in vocational training. He retains his social rights.
The apprentice is affiliated with the general social security system and the supplementary pension scheme (Ircantec) non-incumbent public officials.
In case of unemployment, the apprentice is compensable 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 learning is not taken into account to access the internal competitions, the apprentice must therefore pass the external competitions. He does not contribute to special pension plans.
- Civil Service Code: Article L424-1
- Labour Code: Articles L6227-1 to L6227-12Development of learning in the non-industrial and commercial public sector
- Labour Code: Articles D6271-1 to D6271-3Agreement on apprenticeship with a legal person governed by public law
- Labour Code: Articles D6222-26 to D622-33Reference ratio to Smic
- Decree No. 2020-530 of 5 May 2020 fixing the tenure in the civil service of workers with disabilities following an apprenticeship contract
- Labour Code: Article D6273-1Learning Master
- Labour Code: Article D6274-1Ombudsman appointed
- Labour Code: Articles D6272-1 to D6272-2Remuneration of apprentices in the non-industrial and commercial public sector
- Labour Code: Articles D6275-1 to D6275-5Deposit of contract in the non-industrial and commercial public sector
- Learning contractService-Public.fr
- Learning in the Public ServiceMinistry of Public Service
- State Public Service Learning Guide 2020Ministry of Public Service
- LearningMinistry of Labour
- CFA: what to knowMinistry of Education
- Learning AccuracyMinistry of Labour
- Trades Student Card (PDF - 242.4 KB)Ministry of Vocational Training