Article R6352-4 of the French Labour Code
November 1, 2023
No penalty may be imposed on a trainee or apprentice without the latter first being informed of the grounds for the penalty.
No penalty may be imposed on a trainee or apprentice without the latter first being informed of the grounds for the penalty.
When the director of the training organisation or his representative is considering taking a sanction which has an impact, whether immediate or otherwise, on the presence of a trainee or apprentice in a training course, the procedure is as follows: 1° The Director or his representative shall summon the trainee or apprentice and inform him of the purpose of the summons. This notice specifies the date, time and place of…
The penalty may not be imposed less than one clear day or more than fifteen days after the interview. The trainee or apprentice will be notified of the decision in writing, stating the reasons, by registered letter or by delivery against receipt.
When the behaviour has made it essential to take an interim measure of temporary exclusion with immediate effect, no definitive sanction relating to this behaviour may be taken without the procedure provided for in article R. 6352-4 and, where applicable, articles R. 6352-5 and R. 6352-6, having been observed.
The director of the training organisation will inform the employer and the funding body of the sanction taken.
For training courses organised in sessions lasting a total of more than five hundred hours, a full delegate and a substitute delegate are elected at the same time in a two-round uninominal ballot. All trainees or apprentices are eligible to vote.
The ballot takes place during training hours. It shall take place no earlier than twenty hours and no later than forty hours after the start of the first collective session.
The director of the training organisation is responsible for organising the ballot. He/she shall ensure that it runs smoothly.
If, after the ballot, it is established that the representation of trainees and apprentices cannot be guaranteed, the Director shall draw up a statement of default.
Delegates are elected for the duration of the course. Their term of office ends when they cease to participate in the course. If the full delegate and the alternate delegate have ceased their duties before the end of the training course, a new election is held under the conditions set out in sub-section 1.
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.
