Apprenticeship contract
Verified 01 January 2024 - Legal and Administrative Information Directorate (Prime Minister), Ministry of Labor
The apprenticeship contract is an employment contract which allows for periods of training in company and apprenticeship training centers to be completed alternately. How is this contract going? What is the salary of an apprentice? What is the apprentice's leave? How long is the apprentice working? We'll give you the information you need to remember.
Minimum 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.
Maximum age
The apprentice must be old at maximum of 29 years (30 years minus 1 day).
The apprentice may be up to 35 years (36 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 such cases, it must not take more than 1 year between the 2 contracts.
Derogations from the maximum age
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
- Apprentice not having graduated and entering into a new contract with another employer to re-take the exam
Establishment of contract
The apprenticeship contract is a contract written private law.
It shall contain references to obligatory, including:
- Name and first name of the employer (or name of the company)
- Number of staff in the company
- Diploma or qualification prepared by the apprentice
- Salary due for each year of the contract or apprenticeship period
- Name, first name and date of birth of the learning master
- Certificate from the employer stating that the apprenticeship teacher meets the conditions of professional competence
- Conditions for deduction of benefits in kind
It is concluded by means of the cerfa form No 10103.
Establishing an apprenticeship contract
The contract is signed by the employer and the apprentice (and by its legal representative, if the apprentice is a minor).
One copy is given to the apprentice, the other is kept by the employer.
If the employer is a ascendant of the apprentice minor, a declaration may replace the contract.
This statement is a simple document prepared by the employer. It specifies the commitments of the parties (duration of the contract, salary, etc.). It is the equivalent of the apprenticeship contract. It will have to be signed by the apprentice and the CFA director.
Deposit of contract
The employer shall forward to Skills Operator (OPCO), not later than 5 working days which follow the commencement of performance of the contract, the following documents:
- Apprenticeship contract (or declaration)
- Training agreement (title, objectives, duration, place and cost of training, means and procedures for following up and obtaining the diploma)
- Tripartite Convention where the duration of training is reduced or extended
This transmission may be carried out by dematerialized means.
The operator of jurisdiction has 20 days to decide on the financial assumption of the contract. No response fromOpco: titleContent within that period, the application shall be refused.
If the contract is not in conformity (e.g. apprentice's age, remuneration, apprenticeship master's age and competence), OPCO refuses to accept financial responsibility for the contract. He shall explain the reasons for his refusal in a decision which he shall forward to the parties.
OPCO files the contract by dematerialized means with the ministry in charge of vocational training. In the event of a refusal to pay, OPCO shall also inform it. He explained the reasons for this refusal.
The transmission of the apprenticeship contract shall be free of charge.
Dematerialized transmission to the skills operator can be done by digitized document (scan for example).
FYI
no financial compensation may be requested from the apprentice or his legal representative when the apprenticeship contract is concluded, deposited or terminated.
The apprenticeship contract may be of a duration limited (CDL) of a duration of 6 months at least to 3 years at the most. It may also be of a duration undetermined (DTA).
In the case of a DTA, it begins with a learning period. This training period is the period that the apprentice takes to obtain the qualification required by his contract (in principle, alternating between practical training in company and theoretical training in CFA).
The duration of the contract or apprenticeship period shall be equal to the duration of the training cycle that the apprentice is preparing to obtain his qualification. This period is fixed according to the type of profession and may vary.
It may be adapted to take account of the level of the apprentice, the skills already acquired (for example prolonged or shortened). In this case, a tripartite agreement between the CFA, the employer and the apprentice is concluded.
The date of commencement of performance of the contract shall be the date on which actual performance of the contract begins. This date is the date of the theoretical training in CFA or the date of the practical training at the employer.
FYI
the maximum duration of the contract may be increased to 4 years where the apprentice is a handicapped worker.
Minimum Wage
The apprentice receives a remuneration corresponding to a percentage of the Smic: titleContent which varies according to his age and his progress in the training cycle.
Situation | 16 to 17 years | 18-20 years | 21-25 years | 26 years and older |
|---|---|---|---|---|
1era year | 27% of the minimum wage, i.e €477.07 | 43% of the minimum wage, i.e €759.77 | The + salary between 53% of the Smic, i.e. €936.47 and 53% of the agreed minimum wage corresponding to the employment held during the apprenticeship contract. | 100% of the Smic Top + salary between Smic: titleContent(€1,766.92) and the agreed minimum wage corresponding to the employment held during the apprenticeship contract. |
2eme year | 39% of the minimum wage, i.e €689.10 | 51% of the Smic, i.e €901.13 | The + salary between 61% of the Smic, i.e €1,077.82 and 61% of the agreed minimum wage corresponding to the employment held during the apprenticeship contract. | 100% of the Smic Top + salary between Smic: titleContent(€1,766.92) and the agreed minimum wage corresponding to the employment held during the apprenticeship contract. |
3eme year | 55% of the minimum wage, i.e €971.80 | 67% of the minimum wage, i.e €1,183.83 | The + salary is high between 78% of the Smic, i.e€1,378.20 and 78% of the agreed minimum wage corresponding to the employment held during the apprenticeship contract. | 100% of the Smic Top + salary between Smic: titleContent(€1,766.92) and the agreed minimum wage corresponding to the employment held during the apprenticeship contract. |
Apprentices preparing a professional license in 1 year receive a remuneration corresponding to a 2e contract year.
These amounts may be increased if collective agreement applicable in the company has a higher minimum remuneration.
Deductions for benefits in kind (food or accommodation) provided for in the apprenticeship contract may be made up to 75% salary.
The apprentice is entitled to payment of his transport costs to get from home to work.
Overtime pay conditions shall be those applicable to the staff of the company concerned.
A simulator is used to estimate the apprentice's salary:
Salary simulator for an employee on an apprenticeship or professionalization contract
Wage increase
The percentage of pay provided for by the Labor Code shall be increased by 15 points if all of the following conditions are met:
- The contract is concluded for a period of up to 1 year
- The apprentice is preparing a diploma or a qualification of the same level as that previously obtained
- The qualification sought is directly related to that resulting from the diploma or qualification previously obtained
This increase does not apply at the minimum wage provided for by a collective agreement.
Example :
A 19-year-old apprentice completes a new CAP in 1 year directly related to the previous CAP that lasted 2 years. His remuneration was 51% of the SMIC at the end of his last contract. He will therefore be paid 51% + 15 points or 66% SMIC.
Increases linked to the transfer from one age group to another shall take effect from 1er the day of the month following the apprentice's birthday.
Example :
One apprentice, in 1re apprenticeship year reaches the age of 21 in March. His remuneration will be increased from 43% to 53% of the SMIC on 1er April.
Reduction and increase of the training cycle
The training cycle may be reduced or increased to take into account the skills already acquired by the apprentice.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Reduce training cycle
The apprentice may have previously validated competencies of the certification he is preparing. Its training cycle can then be reduced to take into account the skills already acquired. His remuneration is what he would be entitled to receive if his contract had not been reduced.
Example :
An apprentice has sufficient skills and training for both the employer and the CFA to estimate that it takes 1 year instead of 2 years to graduate. His apprenticeship will be 1 year and his remuneration will be 2 yearsè year of learning.
Increase in training cycle
The apprentice may need to acquire a level of skills and training that requires an increase in his or her training cycle in order to obtain the certification that he or she is preparing. His remuneration during the extension of his contract shall be that corresponding to the last year of performance of his contract.
Example :
An apprentice has a level of skills and training such that his employer and the CFA estimate it takes him 1 year and 6 months instead of 1 year to graduate. His apprenticeship will be 1 year and 6 months. The last 6 months of the contract his remuneration will be that of 1e year of performance of the contract.
Succession of contracts
An apprentice's remuneration may change if he or she has obtained the diploma or title that he or she has previously prepared and signs a new contract.
Répondez aux questions successives et les réponses s’afficheront automatiquement
With the same employer
If the apprentice enters into a new apprenticeship contract, his remuneration shall be at least that which he received in the last year of performance of the previous contract.
The percentages of earnings by age shall continue to apply if they are more favorable.
With a different employer
If the apprentice enters into a new apprenticeship contract, his remuneration shall be at least that which he was entitled to in the last year of performance of the previous contract.
The percentages of earnings by age shall continue to apply if they are more favorable.
Contributions
From a tax perspective, apprentices benefit from three main advantages:
- No employee contribution shall be deducted from his gross salary up to 79% of the Smic: titleContent (either €1,396). The part of remuneration above this amount remains subject to contributions.
- His salary is exempt from CSG and CRDS.
- His salary is exempt from income tax up to the annual amount of the Smic.
Apprenticeship is based on the principle of alternating between theoretical instruction in CFA and teaching the trade at the employer with whom the apprentice has signed his employment contract.
Apprenticeship Training Center (ATC) Registration
The apprentice must enter training in the 3 months which follow the start of the apprenticeship contract.
The apprentice's training in CFA must have a minimum duration corresponding to 25% of the total duration of the contract. This time is shorter than that of vocational or technological high schools, because the time spent in company is training time.
One national trades card is issued to the apprentice by the CFA.
This card can give the following advantages:
- Access to restaurants and university accommodation
- Discounts for leisure and sports activities (sport, cinema, theater, etc.)
- Benefit of reduced and preferential fares for students in transport
FYI
the training can be carried out in whole or in part remotely with a follow-up by the CFA. The training agreement between the apprentice and the CFA must specify the practical arrangements.
In-company training
The employer must provide the apprentice with hands-on training.
It entrusts the apprentice with tasks or positions that enable him to carry out operations or work in accordance with annual progress.
This progression is defined between the employers and the AFCs in which the apprentices are registered.
Warning
in principle, an employer may not entrust an apprentice with hazardous work for his health and safety.
How are the training hours distributed?
Time spent at CFA and in company varies depending on the training. For example, 2 days at CFA and 3 days in company, or 1 month at CFA and 1 month in company.
Can the apprentice reorient himself during training?
An apprentice engaged in the preparation of a professional baccalaureate may, at the end of its 1er year, shorten his training. It can be redirected to the preparation of a certificate of professional competence (CAP), one agricultural certificate of professional competence (Capa) or agricultural professional certificate (BPA).
When the new diploma prepared is from the same professional field as the professional baccalaureate, the duration of the contract or apprenticeship period shall be reduced by 1 year.
What happens at the end of the training?
If successful, the training shall result in the award of a diploma or qualification recognized as being professional purpose.
If the examination fails, training and apprenticeship may be extended by1 year maximum.
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.
The learning master must be company employee, voluntary and major. It must also offer every guarantee of morality and possess pedagogical and professional skills.
The employer or his/her collaborating spouse may act as a learning master.
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.
A collective agreement or a branch agreement may contain different provisions.
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.
A collective agreement or a branch agreement may contain different provisions.
How many apprentices per apprentice teacher?
A company or an establishment can accommodate maximum 2 apprentices and 1 doubling per learning master.
The Departmental Employment and Integration Committee may grant derogations from this ceiling.
FYI
a number of apprenticeship teachers may perform their duties within the company. In this case, a reference learning master is designated from the tutorial team. It coordinates and liaises with the CFA.
The rules differ depending on whether the apprentice is an adult or a minor.
Major
The working time of the apprentice is the same as that of other employees. The legal working time staff is set at 35 hours per week.
CFA training time is actual working time and account in the work schedule.
He can work overtime.
Minor
The legal duration of actual work is set at 35 hours per week.
CFA training time is actual working time and account in the work schedule.
The following rules shall apply to the minor apprentice:
- 2 consecutive rest days per week
- The apprentice cannot work on Sundays, except in certain sectors of activity
- The night work is forbidden between 10pm and 6am for a young person aged 16 to 18 and between 8pm and 6am for a young person under 16, except derogations
- 35 hours of work per week
- The apprentice may exceptionally work 5 hours of overtime per week, with the agreement of the labor inspector and opinion of the occupational physician
- 8 hours of work per day
- Not more than 4 hours 30 consecutive hours, which shall be followed by a break of 30 consecutive minutes
- Prohibition to work on legal holiday
FYI
exceptions to these rules exist in the construction, public works and landscaping sectors. Where the collective organization of work so warrants, the hours of work in these sectors may be fixed at 40 working hours per week and 10 working hours per day.
How is the apprentice’s paid leave calculated?
The apprentice is entitled to paid leave legal, that is 5 weeks of paid leave per year. The employer has the right to decide the period during which the apprentice can take his leave.
If the apprentice is under 21 years of age on April 30 of the previous year, the apprentice may apply for additional unpaid leave, up to 30 working days per year. The age requirement shall be examined on 30 April of the year preceding the application.
Is the apprentice entitled to an examination leave?
For the preparation of his tests, the apprentice is entitled to an additional leave of 5 working days in the month preceding them. These days are in addition to paid leave and are paid.
What are the apprentice’s other holidays?
An apprentice can benefit from a maternity leave.
An apprentice may also benefit from a paternity leave.
An apprentice shall be entitled to the same leave as any other employee:
The apprentice is granted an exceptional 1-day absence to participate in the defense and citizenship day. This absence does not result in a loss of wages.
Principle
The apprenticeship contract may be partly completed abroad for a period not exceeding 1 year. In this case, the duration of performance of the contract in France is at least 6 months.
How is the contract performed abroad?
During this period, the company or the CFA is solely responsible for the conditions of performance of the work.
The apprentice shall be subject to the rules of the host country as regards in particular the following points:
- Occupational health and safety
- Remuneration
- Hours of work
- Weekly rest
- Public holidays
An agreement may be concluded between the apprentice, the employer in France, the employer abroad, the CFA in France and, possibly, the CFA abroad.
The agreement may include the following provisions:
- Modes of access to social protection
- Duration of working time, rest and holidays and public holidays
- Health and safety provisions
- Information on civil and professional liability insurance
What is the social security coverage for apprentices abroad?
The rule differs depending on whether the apprentice is in a European Union (EU) country or outside the EU.
In the EU
The apprentice is dependent on the social security of the host country.
When the apprentice does not have the status of an employee in the host country, he or she benefits from occupational accidents and diseases coverage in the same way as students.
Non-EU
The social security coverage of the apprentice depends on the social regulations of the host country or on the provisions of the bilateral social security agreement concluded with that country.
At the time of hiring
The apprentice benefits from a information and prevention visit (VIP) in connection with his employment. It must take place in 2 months that follow the hiring.
Where the apprentice is a minor, or where night work, this information and prevention visit must take place before he is hired.
If the apprentice is assigned to regulated works, one medical examination for suitability for employment must be carried out by the occupational physician front assignment to the position.
Other medical examinations
The apprentice also benefits from periodic visits and the resumption visit after a work stoppage.
The apprentice has the same rights as other employees of the company. It may not be excluded from the general terms of a collective agreement, a company agreement, a practice or an undertaking of the employer, if it fulfills the conditions for its granting.
Example :
The apprentice must be entitled to a holiday allowance provided for in the collective agreement which applies to all employees of the company.
When an apprentice reaches the age of majority, he or she is subject to the same rules on working hours as other employees of the company. If it is a minor, special rules apply.
The apprentice shall be a voter and eligible for election to the representative bodies of the staff, if he or she fulfills the conditions.
The apprenticeship contract may be broken. Conditions vary by time already passed on company.
Infographie - How can the apprenticeship contract be broken?
Ouvrir l’image dans une nouvelle fenêtre
How to break the apprenticeship contract?
You have the right to terminate your apprenticeship contract during training. Conditions vary depending on how long you have been in company.
Beginning of hands-on company training
Case 1
During the first 45 days of practical training
Possible break at your initiative - in writing
Case 2
After the first 45 days of practical training
Possible breakdown in agreement with your employer
Or
Possible breakdown after contacting the mediator (of the apprenticeship) and informing your employer
Or
Possible breakdown if you graduate and if you inform your employer in writing at least 1 month before the end of the contract
Ouvrir l’image dans une nouvelle fenêtre
How to break the apprenticeship contract?
You have the right to terminate your apprenticeship contract during training. Conditions vary depending on how long you have been in company.
Beginning of hands-on company training
Case 1
During the first 45 days of practical training
Possible break at your initiative - in writing
Case 2
After the first 45 days of practical training
Possible breakdown in agreement with your employer
Or
Possible breakdown after contacting the mediator (of the apprenticeship) and informing your employer
Or
Possible breakdown if you graduate and if you inform your employer in writing at least 1 month before the end of the contract
Répondez aux questions successives et les réponses s’afficheront automatiquement
Within the first 45 days
The contract may be terminated in writing by the employer or the apprentice.
This rupture must occur before the end of the 45 first days on-the-job company trainingeven 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.
FYI
in the event of a company being wound up by a court without continuing to work, the apprenticeship contract may be terminated by the liquidator. The apprentice is entitled to compensation at least equal to the remuneration he would have received until the end of the contract.
Where there is a serious risk of injury to the health or physical or moral integrity of the apprentice, the apprenticeship contract may be suspended.
Examples of such situations include:
- Brutality
- Physical or mental violence
- Insults, humiliation
- Non-compliance of company facilities
- Psychological harassment
- Sexual harassment
When the labor inspector If he is aware of a dangerous situation, he carries out an investigation.
It may propose a suspension of the employment contract to the departmental director responsible for employment, labor and solidarity (DDETS: titleContent or DDETSPP: titleContent). The employer shall be informed of the suspension of the contract.
During this suspension, the apprentice's remuneration is maintained by the employer. The apprentice continues to take the general training in CFA.
The departmental director must decide whether or not to resume the execution of the apprenticeship contract.
This decision must be made within 15 days of the labor inspector's finding.
When the DDETS: titleContent or DDETSPP: titleContent refuses to allow the apprentice to return to his company, the apprenticeship contract is automatically broken. The CFA can help him find a new employer.
There are 3 possible situations:
Répondez aux questions successives et les réponses s’afficheront automatiquement
The contract does not continue with the employer
The employer must provide the apprentice with the following documents:
- Work Certificate
- Pôle emploi Attestation
- Balance of all accounts
- Summary statement of all sums and securities saved under participation, profit sharing or wage savings schemes within the company
The apprentice is hired by the employer
Where the apprentice continues his activity in the company at the end of his apprenticeship contract by signing an employment contract (DTA: titleContent, CSD: titleContent or temporary employment contract) the following provisions shall apply:
- No trial period may be imposed (unless otherwise agreed)
- Length of apprenticeship taken into account for the calculation of remuneration
- Length of apprenticeship taken into account for the employee's seniority rights
The contract is extended following the failure of the examination
In the event of an agreement between the apprentice, the employer and the CFA, the contract may be extended by a maximum of 1 year to allow for a doubling in the event of failure to obtain the diploma or a reorientation.
Development of cross-border learning
Published on 7 September 2023
An apprentice can now complete part of his or her practical or theoretical training in a country bordering France.
That's what the law no. 2022-217 of 21 february 2022.
Ordinance No. 2022-1067 of 22 December 2022 lays down the arrangements for organizing, implementing and financing cross-border learning.
Future decrees must determine the conditions of application of this ordinance.
The information contained on this page remains current and will be amended as soon as the text enters into force.
Who can help me?
Find who can answer your questions in your region
For information about employment law (for example, salary, contract duration, termination of contract)
Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry responsible for labor.
Cost: free service
Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
For help finding a learning contract
Youth InformationFor help finding a learning contract
Local MissionTo be accompanied in the search for a training or an employer
Regional interdepartmental units to support learning
Definition and regime of the apprenticeship contract
Apprentice's age requirements
Conclusion of the apprenticeship contract
Contract duration (L6222-7)
Succession of apprenticeship contracts
Termination of the apprenticeship contract
Apprenticeship contract preparing for the professional baccalaureate
Apprenticeship hours (conditions, exceptions)
Minimum Wage
Presentation and preparation for exams
International and European mobility of apprentices
Termination of the apprenticeship contract
Sectors derogating from the working hours of young workers
Minimum wage: reference rate in relation to the minimum wage
Mobility within or outside the European Union
Contributions and exemptions
Exemption from social security contributions
Suspension of the performance of the apprenticeship contract and prohibition of recruitment
Companies of temporary work
Derogations from the age limit for apprentices
Conclusion of the apprenticeship contract (number of copies, fixing of salary, etc.)
Agreement on the duration of the contract
Occupational health examination for recruitment
Master of Learning
Master of Learning
Prohibited and regulated work for young people aged 15 and under 18
Enhanced medical surveillance for minors
Suspension on the proposal of the labor inspector
Master of apprenticeship in temporary work companies
Remote Training
Follow-up of distance learning
Organization of learning
Contract deposit in the private sector
Contract filing in the non-industrial and commercial public sector
Employed annual leave under 21 years of age
Apprenticeship bonus
Flat-rate compensatory allowance
Online service
Online service
Document template
FAQ
Service-Public.fr
Service-Public.fr
Ministry of Labor
Ministry of Labor
Ministry of Labor
Ministry of Education
Ministry of Vocational Training
Ministry of Labor
Ministry of Labor
National old-age insurance fund
Ministry of Labor