conférences de droit privé, Université Paris I, Panthéon-Sorbonne (ISST) de l équipe de recherche Droit et changement social (UMR CNRS 6297 / MSH

Transcription

1 aggi-germain conférences de droit privé, Université Paris I, Panthéon-Sorbonne (ISST) de l équipe de recherche Droit et changement social (UMR CNRS 6297 / MSH Ange Guépin, Nantes i-germain@univ-paris1.fr

2 INTRODUCTION ducational and vocational training in the french legal and concep mework he main role of the European Union : promoting a full employment promoting the setting up of inclusive labour markets

3 INTRODUCTION he functions of law are fundamental Building smooth transitions from unemployment or from educatio labour market the key role of work-based learning, especcially apprentices and traineeships The ambiguity of the law : what is the main purpose of measures adopted by the legislator? Training? Inclusion?

4 INTRODUCTION he functions of law are fundamental Building smooth transitions from unemployment or from educatio labour market Categorizing so that to give different legal effects according to diffe aims and different target public Different aims Different target groups : the youths, a fluid category Different legal frameword but common standards

5 INTRODUCTION ome evolutions of the french framework The main purpose of connecting educational and vocational training youth seems to be focused on insertion first Vocational training is used to learn a trade but also, in the hig education, to access to entrerprises and labour marcket, i.e to inser

6 INTRODUCTION ield of the study : european and french laws They are many ways to connect educational and vocational training Each of them follow different logics, apply different legal frameworks Linking up education and employment Rebuild the link with the employment Different ways to the employment or to a «low-cost» lab market?

7 ND :

8 ND : inking up education and work with work-study contracts : the centrality ualification The expansion of apprenticeship as a contribution to resolve the youth employment crisis The french professionalization contract (on-the-job training periods in companies) The competition between the apprenticeship and professionnalization contract

9 ND : inking up education and work with work-study contracts : the centrality ualification inking up education and jobs by the traineeships/internships : the centrali f the experience Building transitions by traineeships The thin frontier between traineeship and employment The competition between traineeships and apprenticeship

10 ND : voiding exclusion first An assisted contract is a special type of contract of employment The purpose is to reduce employment ou training costs for the employer The focus on target publics : persons "in difficulty on the labour market" or young peop with low education levels or without any qualification The example of the french «contrat d avenir» : The main question : the part given to training

11 ND : voiding exclusion first derogatory system A system build on the struggle against social exclusion Justifying to introduce the derogation inside the derogation

12 ND : orrupted use of the system : providing regular jobs with trainees Outlines No vocational training ; on-work job ; no mentorship/coaching, i.e the trainee is the same position than an other worker Windfall effects Creating subsidized jobs an unfair competition / even a distording condition of competition between secto of activity? The example of the French experimentation of the «free employments» (emplo francs)

13 ND : orrupted use of the system : providing regular jobs with trainees egulate traineeship by establishing a status for the trainees? The aims Avoiding a «scarring effect» Struggling with the labour market segmentation Giving a status for the trainees : a ghetto or a smooth transition to the labour mark The EU projects Implementing Youth Guarantees in the membre states EC plans to improve the quality and supply of apprentice and traineeships

14 ND : orrupted use of the system : providing regular jobs with trainees egulate traineeship by establishing a status for the trainees? The french legal framework Different laws to build a status for the trainees and a charter of internships maximum duration for trainees : six months A compensation but not a salary : no wage-related social security contributions for a part of the compensation pa no unemployment insurance contribution no leave paid

15 ND : orrupted use of the system : providing regular jobs with trainees egulate traineeships by establishing a status for the trainees? Outlook Introducing in the law a right to have the benefit of counselling and guidance servic Connecting traineeships and education so that the status of trainees rem transitional Recognizing and implementing social rights to limit the creation of a second la maket

16 CONCLUSION ew concepts for a new conceptual framework? Lifelong learning Flexicurity General education versus vocational education?