Apprenticeship contract
Verified 01 November 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? We'll give you the information you need to remember.
Please note
Cross-border learning is not covered in this fact sheet.
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 contract of the terminated apprentice 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
- An apprentice who did not graduate and entered into a new contract with another employer to re-write the exam.
Establishment of contract
The apprenticeship contract is a contract written.
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 (age of apprentice, remuneration, age and competence of apprentice teacher, certification Qualiopi of the training body, for example), OPCO refuses to accept financial responsibility for the contract. He explains the reasons for his refusal in a decision that he forwards to the employer, to the apprentice (his legal representative, if the apprentice is a minor) and CFA: titleContent.
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 |
|---|---|---|---|---|
1re year | 27% of the minimum wage, i.e €486.49 | 43% of the minimum wage, i.e €774.77 | The + salary between 53% of the Smic, i.e. €954.95 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(€1,801.80) and the agreed minimum wage corresponding to the employment held during the apprenticeship contract. |
2e year | 39% of the minimum wage, i.e €702.70 | 51% of the Smic, i.e €918.92 | The + salary between 61% of the Smic, i.e €1,099.10 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(€1,801.80) and the agreed minimum wage corresponding to the employment held during the apprenticeship contract. |
3e year | 55% of the minimum wage, i.e €990.99 | 67% of the minimum wage, i.e €1,207.21 | The + salary is high between 78% of the Smic, i.e€1,405.40 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(€1,801.80) and the agreed minimum wage corresponding to the employment held during the apprenticeship contract. |
The apprentice preparing a 1-year business license is paid a fee of 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.
Remuneration in the event of a reduction or increase in the training cycle
The training cycle may be reduced or increased to take into account the skills already acquired by the apprentice.
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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 yearse 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. For the last 6 months of the contract, his remuneration will be that of 1re year of performance of the contract.
Remuneration in the event of 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.
The remuneration varies depending on whether the contract is signed with the same employer or a different employer.
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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 contribution deducted from gross salary up to 79% of the Smic: titleContent (either €1,424). The part of remuneration above this amount remains subject to contributions,
- Salary exempt from CSG and CRDS
- Salary 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 has to go into 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 granted to 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.
Distribution of training hours
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.
Reorientation of apprentice during training
An apprentice engaged in the preparation of a professional baccalaureate may, at the end of its 1re 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.
End of 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.
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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.
Number of apprentices per apprenticeship master
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
- Prohibition to work on Sundays, except in certain sectors of activity
- Night work prohibited between 10:00 pm and 6:00 am for a young person aged 16 to 18 years and between 8:00 pm and 6:00 am for a young person under 16 years, except derogations
- 35 hours of work per week
- Exceptionally, the apprentice may work 5 hours of overtime per week, after 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.
Calculation of the apprentice’s paid leave
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.
Leave for examination
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.
Other leave of absence for apprentices
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.
Yes, the apprenticeship contract can be completed in part abroad.
Maximum Duration
The duration of the apprenticeship contract may not exceed 1 year. In this case, the duration of performance of the contract in France is at minimum of 6 months.
Contract made 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.
Social coverage of 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.
When the apprentice is a minor, or when night work, this information and prevention visit must take place before he was 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 benefits from same rights as other employees 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.
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?
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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
Disruption possible if you graduate and if you inform your employer in writing at least 1 month before the end of the envisaged contract
The procedure varies depending on whether the contract is terminated before or after the first 45 days of hands-on training in the company.
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Within the first 45 days
The contract may be terminated in writing by the employer or by the apprentice.
This rupture must occur before the end of 45 first days on-the-job company trainingeven if they are not consecutive.
After 45 days
The contract may be terminated after 45 days and in writing in any of the following cases:
- Joint agreement between employer and apprentice
- By the apprentice who must first 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. The breakdown may not occur before the day following the date of publication of the results.
- 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
- In the event of the death of an employer who is the master apprentice of a single-person company 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.
Where the apprenticeship contract is terminated before its expiry, the employer shall notify the skills operator without delay, who shall inform the services of the Minister responsible for vocational training. Notification may be made by dematerialized means.
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:
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The contract does not continue with the employer
The employer must provide the apprentice with the following documents:
- Work Certificate
- Attestation France Travail (formerly Pôle emploi)
- 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 one year to allow for repetition in the event of failure to obtain the diploma or for reorientation. In this case, the minimum wage applicable shall be that corresponding to the last year preceding that extension.
International mobility of apprentices
Published on 19 July 2024
The law no. 2023-1267 of 27 december 2023 provides for facilitating international mobility of apprentices for an ‘Erasmus for Apprenticeships’.
Forthcoming decrees should lay down the conditions for implementation.
The information contained on this page remains current and will be amended as soon as the text enters into force.
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