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Human Resources
Strengthening compliance monitoring of apprenticeship and professionalization contracts
Publié le 10 juillet 2024 - Directorate for Legal and Administrative Information (Prime Minister)
For apprenticeship and professionalization contracts concluded as early as August 2024, enhanced control will be applied by Competent Operators (OPCOs). They check the conformity of the contracts, take care of their financial management and deposit them with the Dreets: titleContent.
Reminder
OPCOs finance apprenticeship and professionalization contracts. They shall in particular take charge of:
- expenditure relating to the training and performance of the duties of the tutor and the apprenticeship teacher;
- the training costs—
If you employ an apprentice or an employee on a professional contract, you must send the contract to the competent OPCO within 5 days of its signature.
OPCO then monitors the conformity of the contract. In the event of non-compliance, OPCO shall refuse to assume financial responsibility for the contract.
Developments in OPCO audits on apprenticeship contract compliance
In order for the OPCOs to provide financial support for apprenticeship contracts, the training organization must fulfill certain conditions.
Until now, OPCOs' checks on the conformity of contracts have only covered the following points:
- the age of the apprentice (between 16 and 29 years, with exceptions);
- eligibility for apprenticeship and training;
- the person chosen as the apprenticeship teacher (must be an employee of the company, a volunteer, an adult and "offer all guarantees of morality");
- the minimum remuneration received by the apprentice.
For apprenticeship contracts concluded from 1er august 2024, additional checks will be operated by OPCOs:
- the employer must not be the subject of proceedings to oppose the hiring of apprentices, to suspend the performance of the contract and to prohibit alternating recruitment;
- where appropriate, the training organization must have the necessary powers to prepare for the acquisition, assessment or issue of professional certifications;
- the training organization must be certified Qualiopi, unless waived. This certification attests to the quality of the training.
FYI
The decree adds that failure to comply with legal, regulatory or treaty provisions will also lead to refusal to assume responsibility for the contract.
Verification of compliance of professionalization contracts by OPCOs
For professionalization contracts concluded from 1er august 2024, failure to comply with legal, regulatory or contractual provisions shall constitute a ground for non-conformity of the contract. This refusal may also be the result of a breach found by OPCO during a service check.
Finally, non-compliance with the professionalization contract can now be reported to OPCO by:
- one of the parties to the contract;
- another OPCO;
- any other authority or administration.