AGREEMENT governing the provision of an apprentice working in France for a host company based in a member State of the European Union APPRENTICESHIP

Transcription

1 AGREEMENT governing the provision of an apprentice working in France for a host company based in a member State of the European Union APPRENTICESHIP Preamble The present agreement is reached according to the following legal texts: - the labour code, particularly article L and articles R to R ; - the rural code, book VII; - the European directive No 94/93 of 22 June 1994 on the protection of young people at work ( particularly article 1 with respect to the age for admission, article 7.3 with respect to labour prohibitions and articles 8, 9 and 10 with respect to working time and rest period - regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community. Remarks The term employer refers to the organization signatory of the contract of apprenticeship where the apprentice is completing his training. The term host company is to be used in the sense of organization or economic unit, regardless of its legal form, based in another member State of the European Union and hosting the apprentice in a work situation. Social protection Apprentices who complete part of their training in another member State shall be entitled to the maintaining of the same social welfare scheme of their country of origin in accordance with the requirements of the regulation (EEC) No 1408/71.. The E101 form certifies that the employer is affiliated to a social security scheme. The present agreement allows no derogation to domestic entry and stay rules and labour market access for all citizen of a third State. Sharing of responsibilities between the employer and the host company Throughout the duration of the provision of the apprentice, the employer shall remain subject to the obligations arising from contract signing, among which, notably, the fulfillment of the terms of the contract, the maintenance of remuneration, the payment of social security contributions, the responsibility for the exercise of disciplinary authority, occupational medicine and the management of paid leaves. Should particular problems arise or the apprentice commit a serious misconduct, the host company must inform the employer immediately who shall take the appropriate measures. Name:. Address:......Telephone.Fax :. E.mail address..siret number:... 1

2 Activities:.. Represented by.as :. The host company Name:. Address:......Telephone.Fax :. E.mail address.. SIRET number:... Activities:.. Represented by.as :. The apprentice Surname:..First name :. Date of birth:.sex : F M If minor, name of the legal representative Address:. Telephone: E.mail address:.. Number of apprenticeship contract... Date of signature of contract: End date of contract:.. Degree or diploma prepared:.. Level classification according to the national classification: Level classification according to the European Qualification Framework: The CFA (or UFA) Name: Address:..... Telephone: Fax:.. Article 1 Subject: The present agreement regulates the relationships between the contracting parties for the organization and conduct of the apprentice s European training period in a host company. Within the context of the planned training by the apprenticeship contract, the host company based in another country of the European Union shall assume responsibility for an additional training. The general objectives of this training are stated in the pedagogical appendix to the present agreement. 2

3 Nature of the tasks assigned to the apprentice Article 2 The tasks to be achieved in the host company are stated in the enclosed pedagogical annex. Duration of the hosting period(s) Article 3 The present agreement shall apply [to mention just actual period(s)] From /.../..to /../.. From /.../..to /../.. For a total duration of...weeks Article 4 Working conditions: places, work schedule, vacation, health, safety 1. During the period of the agreement, the apprentice shall work in the following place: - - If so, he will carry out trainings in the following apprentice training center: Working time (training included) and applicable work schedules are those which are in force in the host company for this very category of employees, subject to a limit of 35 hours per week, without additional hours to be allowed. 3. Except for the case of additional hours, apprentices older than 18 are subject to the ordinary law rules listed in the administrative annex, as regards working time (working hours, rest period, etc.) Protective provisions for minors relating to work schedules are specified in the same annex. 4. Contracting parties agree on the apprentice s vacation. The employer must ensure that leave entitlement are respected over the full year. 5. The host company commits to training the apprentice to security, to inform him to specific risks that he shall come across in the company during his mobility period and shall have to provide him the necessary personal protective equipment Article 5 Remuneration The employer shall have to maintain at least the apprentice s salary. If they agree, the employer and the host company can if they wish to agree on a wage and social costs compensation. If so, this deal is attached to the present agreement. Accommodation, transport and other expenses Article 6 A document attached to this agreement specifies the circumstances of the coverage of travel, accommodation and meal costs (by the employer, the host company, the apprentice, the Regional Council, the European Union or professional branches, etc.). 3

4 Article 7 Health insurance and industrial accident/occupational disease The apprentice shall receive adequate social protection, industrial accident/occupational coverage under the apprenticeship contract and during the term of the present agreement. Over the whole mobility period performed in another member State of the European Union, the apprentice shall remain subject to the social security system he belongs to under the conditions set by the European legislation (notably regulation [EEC] no 1408/71) and the French legislation (notably art of the social security code for apprentices subject to the general security scheme and art. L of the rural code for apprentices subject to the agricultural workers scheme). Insurances-civil and professional liability Article 8 1. The employer shall certify to be guaranteed for civil liability for any damage suffered or caused by the apprentice in the host company out of any apprenticeship. Name of the company: No of policy: The host company shall certify to be guaranteed for civil liability regarding damage suffered or caused by the apprentice for the performance of works or services carried out during the apprenticeship. Name of the company: No of policy: The apprentice shall certify to be guaranteed for civil liability for any damage he may suffer or cause abroad outside the host company within the context of daily actions (art and 1384 of the civil code). This insurance can be taken out by the CFA on behalf o the apprentice. Name of the company: No of policy: The provisions allowing the apprentice to get repatriation insurance (company and police number) have been taken by Article 9 Follow-up in the host country Position: The apprentice s monitoring is carried by: Name of the referent:.. Organization: Address:. Telephone: Fax:.. E.mail:.. The monitoring arrangements are specified in the pedagogical annex. The control of the regulation for health and safety at work shall be provided by the host country: Name of the institution: Address:.. 4

5 During the whole duration of the agreement implementation an interface (telephone, fax, e.mail) shall be ensured between the host country and the apprentice (tick the appropriate box): The apprenticeship supervisor Name :.Position :. Organization: One of the instructors of the training centre: Name :.Position :. Organization: Other: Should particular problems arise, the apprentice will have to inform one of these persons so that appropriate measures may be taken. Termination of the agreement Article 10 The termination of the agreement may occur with express consent of co-signatories. It will have to be recorded in a written document and notified to the director of the training center, to the department in charge of the contract registration, to the departmental director of work, employment and vocational training (or to the equivalent head of department), as well as, the reference pedagogical authority (to be defined), to the rector of academy, to the regional director of agriculture and forestry, or to the regional director of youth sports and community life. The present agreement can be terminated by either of the signatory parties in the event of serious fault, exposure to danger of the apprentice or non-fulfillment of the undertakings of the present agreement, duly recorded. This termination shall not result in any compensation and has no consequence, by itself, on the continuation of the apprenticeship contract. Entry into force of the agreement Article 11 The present agreement shall be transmitted to the director of CFA or, in the case of a training section, to the site manager. The latter shall transmit the convention, along with his opinion, to the organization in charge of the recording of the contract, the departmental director of work, employment and vocational training (or to the equivalent head of department), as well as, the reference pedagogical authority (to be defined), to the rector of the academy, to the regional director of agriculture and forestry, or to the regional director of youth sports and community life. 5

6 The agreement is applicable upon receipt by the employer of the consent of the rector of academy, the regional director of agriculture and forestry or the regional director of youth sports and community life. The absence of response to the employer constitutes agreement. PEDAGOGICAL ANNEX Objectives of the period in the host company (see training requirements) 1 st period:.. 2 nd period (if so):.... Main tasks assigned to the apprentice 1 st period:.. 2 nd period (if so):.... Procedures for monitoring (tools of liaison ): Assessment and recognition methods of the mobility period:.. Obligations of the apprentice The obligations of the apprentice include notably: To carry out the tasks assigned by the host company in accordance with the terms of the present convention and its pedagogical annex; To submit regularly and spontaneously the tools of liaison to the host company To respect the rules of confidentiality and professional secrecy. Obligations of the host company The obligations of the host company include notably to: 6

7 provide all the necessary equipments of individual protection; inform the apprentice about the risks specific to the company; control and monitor the work of the apprentice by the appointment of a supervisor having the required pedagogical and professional skills as well as all necessary ethical safeguards to carry out the follow-up; to get the apprentice do tasks both corresponding to his abilities and the objectives of this mobility period (this part of the annex must be filled out for each period): if this work includes the use of material, the type shall be indicated, knowing that the manager of the host company must only make use materials in compliance with regulation and the corresponding conditions of use (supervision, wearing personal safety equipment, training ); if this work includes the use of chemical agents covered by the Council Directive of 98/24/EC related to health and safety protection of workers against the risks caused by chemical agents in the workplace, all the necessary information on potential exposure referred to in Article 8 of this directive shall be presented in writing and handed to the apprentice so that he may transmit it to his employer s occupational doctor. if this concerns hazardous work or the use of hazardous products or machines by young people aged under 18, the host company certifies to comply with the regulation it belongs to regarding the prohibition of certain tasks (Directive 94/33 on the protection of young people at work, art. 7.3 on work prohibition and art. 8, 9 and 10 on rest periods; see administrative annex); should the apprentice be accommodated, the host company must provide a housing complying with the hygiene and safety standards of the host country; allow the apprentice to use his tools of liaison and write a report (if requested) by providing him the necessary time. Host training center in the foreign country (if so) Identification of the training center in which the apprentice shall complete his training within the context of the mobility period: Name of the center:. Address:. Telephone:..Fax:.. E.mail:... Nature of the training completed: Visa of the coordinating teacher of the educational team (or name of his representative): Visa of the director of the host training center or of his representative (if applicable): (Please attach to the present annex, the potential supplementary protocols regarding assessment or the recognition of training units or qualification.) 7

8 ADMINISTRATIVE ANNEX Health insurance and workplace accidents/occupational diseases Procedures (also available on the websites : and Preceding the apprentice s departure, the French employer must ask the Social Security Fund he belongs to provide him the E101 form (to be filled out in duplicate) proving the apprentice is still affiliated to a social security scheme; One of the two copies issued by the Social Security Fund is delivered to the apprentice; Regarding diseases and workplace accidents/occupational diseases, the 1408/71 Community Regulation provides for the benefits in kind (access to care or reimbursement) depending on the terms of the current legislation in the country of posting. The presentation of the European Health Insurance Card (EHIC), issued by the Social Security Fund the apprentice belongs to, attests the opening-up of rights access. Benefits in kind are subject to the French legislation. Simplified procedures are specified for postings of a period of less or equal to three months. The obligations of the employer shall remain for the whole period of the apprenticeship contract. Should an accident occur to an apprentice, either in the course of work or during the journey, the head of the host company shall be committed to issuing the accident report and provide it to the employer contract signer, who shall send it within 48 hours, to the Social Security Fund via registered letter with acknowledgement of receipt (the SIRET number mentioned on the accident report is that of the employer. The accident report form (CERFA ) can be downloaded online on the website Common law applicable to adult apprentices relating to working hours. Apprentices are workers who have signed a specific type of employment contract by which the employer must agree, in addition to pay the apprentice a salary, to provide him a complete vocational training, partially at the company and partially at the apprentice training centre or apprenticeship training section (art. L of the labour code 1 ). For this reason, apprentices older than 18 are subject to the rules of common law, notably regarding their working time (art. L to L ). Reminder of national rules applicable during the whole period of mobility except any other more favourable for the apprentice of the host country: the legal working week is set at 35 hours, which corresponds to the triggering threshold of overtime (art. L ) with a maximum working week of 48 hours (art. L ). Nevertheless, overtime work shall not be permitted beyond the quota of hours set out in the apprenticeship contract within the context of an agreement governing the provision of an apprentice in a host company based in another state of the European Union; the maximum working time per day is set at 10 hours (art. L ); Any work performed between 9 pm and 6 am, or at an interval determined conventionally (art. L ) shall be considered as night work. The recourse to night work shall remain exceptional and shall be set up by collective agreement (art. L ); the minimum daily rest period is set at 11 consecutive hours (art. L ); weekly rest: it is forbidden to make an employee work more than 6 days a week. Besides, the employee must be given a minimum of 24 consecutive hours of rest in addition to the daily rest period mentioned below (in total up to 35 hours); this weekly rest shall be granted on Sunday, save as otherwise provided; 1 By agreement and unless explicitly stipulated, all the articles cited in the administrative annex fall under the labour code 8

9 holiday leave: articles L and following (also see article 4.3 of the agreement governing the provision of an apprentice). Special provisions for minor apprentices regarding working time Reminder of national provisions applicable during the whole period of mobility of minor apprentices (under 18), unless any other more favourable provisions of the host country to the minor apprentice: Specific provisions for young workers: third part of the labour code, book I, title VI; Provisions relating to apprenticeship: part 6 of the labour code, book II, title II. Daily and weekly working time Young workers mustn t work more than 8 hours by day and no more than 35 hours per week (art. L to ). Exemption to night work prohibition (art. L ) to L and R to R ) The law lays down the principle whereby night work is prohibited for workers under 18, while accepting that an exemption may be made for minors aged between 16 and 18, when the activity of the company requires it. In the fields of bakery, pastry, hotel industry, entertainment, horse races it shall he lawful to derogate to night work prohibition. Besides, strict periods are defined by law as regards the night work of minors for each business sector. Any exemption to this prohibition shall be issued by the labour inspector under the conditions set out in article R Daily rest (art. L ) The minimum rest period of young workers shall not be less than 12 consecutive hours. It reaches 14 consecutive hours if they are less than 16. Work on Sundays and bank holidays (art. L and following, L to L and R to ) Young workers shall be entitled to two consecutive days of rest per week (weekly rest). This daily rest shall be granted on Sundays, unless expressly stipulated by the labour code (art. L and following and L ). However, the prohibition of Sunday work is not applicable to those apprentices employed in some particular fields whose activities require working on this day. These sectors, detailed in article R include, the hotel and restaurant industry, catering, bars, tobacconist s shop, bakery, butchery, meats, cheese-making and creamery, fishmonger s, selling flowers and other sectors, whose main activity is the manufacturing of retail food products for immediate consumption (take away) or whose exclusive activity is dedicated to the selling of retail foodstuffs (markets). Furthermore, rest period on bank holidays is compulsory for young workers, except on industrial facilities running continuously (art. L and 7). Employing minors, workers or apprentices on bank holidays is however possible in some sectors and under the conditions of article L These sectors detailed in article R , are those for which Sunday work is allowed (listed above), and that of entertainment (decree of 2 September 2008). 9

10 Specific provisions for minor apprentices regarding dangerous work Reminder of national rules As minors constitute a vulnerable group it is necessary to protect them by controlling the opportunity for them to be engaged in hazardous work. As provided for in article L , it is forbidden to take on workers aged less than 18 to perform certain categories of dangerous works exposing them to health, safety and morality risks or likely to exceed their strength. These prohibitions specified in articles D to may for some be covered by exemptions. Reference texts: 1- Labour code: articles L , D to Ministerial Direction n DGT/CT1/DGEFP/DFPJJ/DGESCO/DGCS/DGER/DAFSL/ 2016/273 of 7 September 2016 Since 2 May 2015, the list of prohibited work has been reorganized and can be consulted below. For each item a detailed fact sheet is contained in the interministerial instruction of 7 September 2016 (downloadable on the academic website on the page dedicated to SAIA). Work harming physical and moral integrity (art. D ); Work involving exposure to dangerous chemical agents (art. D see sheet n 1); Work involving exposure to biological agents (art see sheet n 2); Work involving exposure to mechanical vibrations (art. D see sheet n 3); Work involving exposure to radiation (art. D see sheet n 4); Work in hyperbaric conditions (art. D see sheet n 5); Work involving exposure to risks of an electrical origin (art. D see sheet n 6); Work including risk of collapse and burying (art. D see sheet n 7) Driving of mobile work equipment and lift equipment (art. D see sheet n 8); Work requiring the use of work equipment (art. D see sheet n 9); Temporary work-at-height (art. D see form n 10); Work with pressurized equipment (art. D see sheet n 11); Work in confined spaces (art. D see sheet n 12); Work in contact with molten glass or molten metal (art. D see form n 13); Work involving exposure to extreme temperatures (art. D see sheet n 13); Work in contact with animals (art. D see sheet n 14). The instruction of 7 September 2016, which is now an authentic text, shall simplify the employment procedure of young workers aged less than 18 in regulated work or work-at height. This simplification shall replace the authorization regime issued by the labour inspector by a declaration regime. The employer and the director of the CFA shall both have to comply with a number of obligations, while the labour inspector shall maintain a role of control and monitoring. These exceptions are valid under conditions for the whole period of the contract, but are limited to the employer beneficiary on French territory and can be terminated at any moment if the conditions for issue are no longer fulfilled. Applicable rule within the context of the provision of an apprentice in another member State: the young apprentice on mobility can only be assigned hazardous work according to the provision of the European directive 94-33/EC of June regarding the protection of young people at work only if this company certifies it has complied with the exemption procedure in force in the territory. 10

11 Signatories : The employer Preceded by the words read and approved Date and sign The host company Preceded by the words read and approved Date and sign The apprentice Or his legal representative as the case may be (preceded by the words read and approved, date and sign) Date : Reserved for the CFA/UFA.. CFA (or UFA) stamp Opinion of the director:... Reserved for the Apprenticeship Department of the Academic Inspection FAVOURABLE OPINION under the terms of the agreement UNFAVOURABLE OPINION, reason. Orléans, (date) Opinion of the apprenticeship Inspector To the Rector and by delegation To the Secretary General of Academy The Academic Delegate for Initial and Continuing Vocational Training Agnès Brunet-Tessier 11