Access to vocational training requires the conclusion of a contract, subject to the rules of employment law, between the vocational training organisation and the individual wishing to benefit from the training.
Are you a private-sector vocational training organisation that wants to draw up a contract defining the purpose, duration and terms and conditions of your training course? The lawyers at Goldwin explain the rules governing professional training contracts.
1. Mandatory clauses in a professional training contract
The contractual relationship between a vocational training organisation and any individual wishing to undergo training is governed by the French Employment Code, and more specifically by articles L.6353-3 et seq.
Firstly, it should be noted that a contract must be drawn up before an organisation can provide a vocational training service to the public. Secondly, article L. 6353-5 of the French Employment Code lists the contractual clauses that must be included in a vocational training contract, on pain of nullity.
More specifically, the article states that all contracts must specify the nature, duration and terms and conditions of the training. In other words, the level of knowledge required to take part in the training course and the terms of payment must be specified.
2. The legal obligation to include a withdrawal clause in the contract
A withdrawal period must also be included so that the trainee can withdraw from the course. This is set out in article L.6353-5 of the French Employment Code.
Furthermore, the law prevents the trainee from being required to make any payment before the expiry of this period, and more specifically article L. 6353-6 of the French Labour Code. In fact, a deposit of the sum to be paid for the enrolment fees will only be due on expiry of this withdrawal period.
It would appear that the legal obligation to sign a contract enables both the person receiving the training and the training organisation to define their rights and obligations. In this respect, it is important that all professional training contracts comply with the relevant provisions of the French Labour Code.
For more information on the vocational training contract that the law requires all vocational training organisations to draw up, please contact our team of lawyers.
