When a minor apprentice is employed by an ascendant, the declaration provided for in article L. 6222-5, signed by the ascendant employer, is signed by the apprentice and stamped by the director of the apprentice training centre. It is sent to the skills operator and is subject to the filing procedure under the conditions laid down in this chapter.
When it is found during a Labour Inspectorate inspection, or when the contract is sent to the body responsible for filing the contract or to the service mentioned in Article D. 6275-1, or during the apprenticeship educational inspection mission mentioned in Article R. 6251-1, that the employer is not complying with the obligations set out in Article L. 6225-1, the Labour Inspectorate inspector will give the employer formal notice to…
If the departments referred to in article R. 6225-1 find that an apprenticeship supervisor, other than the employer, has failed to comply with the obligations laid down in the apprenticeship contract or no longer meets the required character requirements, the labour inspector will give the employer formal notice to appoint another apprenticeship supervisor and to inform the body responsible for filing the contract of his full name and professional qualifications.
When it is established by the departments referred to in article R. 6225-1 that an employer, as apprenticeship master, is failing to comply with his obligations under the apprenticeship contract or is no longer able to provide the required guarantees of good character, the Labour Inspectorate inspector will give him formal notice to rectify the situation and take the measures or provide the guarantees required to ensure satisfactory training.
In the cases provided for in section 1, the Prefect’s decision to object to the hiring of an apprentice is taken, where applicable, within three months of the expiry of the deadline set by the Labour Inspectorate official giving formal notice.
The decision to oppose the hiring of apprentices is communicated to the Labour Inspectorate, the Social and Economic Committee, the body responsible for registering the contract and, where applicable, to the educational supervisory body referred to in article R. 6251-1.
When the Prefect decides to oppose the hiring of apprentices, in application of article L. 6225-1 or article R. 6223-16, the employer may ask him to put an end to this opposition. He shall attach to his request any supporting evidence to show that he is fulfilling his obligations under this code or under other legal provisions applicable to young workers and apprentices.
When the Prefect decides to end the objection, in the light of the employer’s explanations, he will notify the employer of his decision. The employer may then hire apprentices again.
The decision to lift the objection, taken in application of article R. 6225-7, is communicated without delay to the organisation responsible for filing the contract and, where applicable, to the mission responsible for educational supervision mentioned in R. 6251-1.
In application of article L. 6225-4, the Labour Inspectorate supervisory officer proposes that the performance of the apprenticeship contract be suspended, after carrying out, where circumstances allow, an investigation involving both parties. It informs the employer without delay and sends this proposal to the Regional Director for Business, Competition, Consumer Affairs, Labour and Employment. The latter makes a decision without delay and, where appropriate, as soon as the adversarial investigation…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
