The administrative authority may object to the hiring of apprentices by a company if it is established by the authorities responsible for supervising the performance of the apprenticeship contract that the employer is not complying with the obligations imposed on him, either by this book, or by the other provisions of this code applicable to young workers or apprentices, or by the apprenticeship contract.
In the event of opposition to the hiring of apprentices, the administrative authority decides whether current contracts may continue to be performed. The same applies in the event of a transfer of employment contracts as provided for in article L. 1224-1, in the absence of a declaration by the employer of the new company.
When the administrative authority decides that the current contracts cannot continue to be performed, the decision entails the termination of the contracts on the date of notification of this refusal to the parties concerned. The employer shall pay the apprentices the sums it would have owed if the contract had continued to its term or to the end of the apprenticeship period.
If the apprenticeship contract is terminated in application of article L. 6225-3, the training centre in which the apprentice is registered will take the necessary steps to enable him to follow his theoretical training for six months and will help to find him a new employer who will enable him to complete his training course.
If there is a serious risk of harm to the health or physical or moral integrity of the apprentice, the labour inspector mentioned in article L. 8112-1 or the equivalent inspector will propose to the regional director of companies, competition, consumption, labour and employment that the apprenticeship contract be suspended. This suspension is accompanied by the employer continuing to pay the apprentice.
Within fifteen days of the inspection officer’s finding, the Regional Director for Business, Competition, Consumer Affairs, Labour and Employment will decide whether to resume performance of the apprenticeship contract. Refusal to authorise resumption of performance of the apprenticeship contract will result in termination of the contract on the date the parties are notified of the refusal. In this case, the employer shall pay the apprentice the sums he would have…
The refusal decision by the Regional Director of Business, Competition, Consumption, Labour and Employment may be accompanied by a ban on the employer recruiting new apprentices or young people on work-linked training contracts, for a period to be determined by the Director.
In the event of a refusal to authorise the resumption of performance of the apprenticeship contract, the apprentice training centre where the apprentice is registered shall take the necessary steps to enable the apprentice to follow the training provided by the centre on a temporary basis and to find a new employer likely to contribute to the completion of his training.
A decree in the Conseil d’Etat shall determine the implementing measures for this chapter.
The temporary employment undertakings referred to in article L. 1251-45 may conclude apprenticeship contracts. These contracts provide the apprentice with vocational training provided partly in the company as part of the temporary work assignments defined in Chapter I of Title V of Book II of Part One and partly in an apprentice training centre or apprenticeship section under the conditions laid down in Article L. 1251-57. The minimum duration of…
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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