CONTINUING EDUCATION... PART 2
Throughout our article of April 30th we have exposed apprenticeship, the funding of continuous training, the various aspects of vocational training and the obligations of companies in the field of training.
In order to have a global overview of the subject, we will complete it by giving some information on the following points:
- The right to professional training of employees (only a few notions on this point);
- The main aspects of alternating training;
- The training of disabled people.
I - THE RIGHT TO PROFESSIONAL TRAINING OF EMPLOYEES
- Personal Training Account (CPF - Compte Personnel de Formation)
Persons entitled to CPF are people aged 16 and over who hold a Personal Training Account (CPF). Young people aged 15, having signed an apprenticeship contract, are also affected.
The CPF is canceled on the date on which its holder retires.
The CPF allows any active person, from the beginning of their professional career and until the day of their retirement, to acquire training rights that can be mobilized throughout their professional life.
Since January 1st 2019, each active person (excluding civil servants) has a Personal Training Account (CPF) credited in euros:
- For employees: those who have worked more than or equal to half the legal or contractual working time over the whole of 2019 acquire 500 euros in 2020 for training (capped at 5,000 euros).
The above amount is prorated for employees whose part-time is less than 50% of the full time.
- For self-employed workers: the CPF receives 500 euros per year of work, up to a ceiling of 5,000 euros. When the self-employed person has not worked for an entire year, his CPF rights are calculated in proportion to the time during which the activity is carried out during the year.
To benefit from a deposit in his account, the self-employed worker must be up to date with the payment of the contribution to vocational training (CFP).
How to use the Personal Training Account (CPF)? On the CPF, the acquired rights are recorded in euros and mobilized at the initiative of the active person in order to undergo training. For an employee, the refusal to use his euro credit entered in the CPF does not constitute a fault. However, the training must be chosen from the training eligible for the Personal Training Account.
- Professional Development Consulting (CEP)
The CEP is a range of personalized information, advice and support services for professional development projects. It is free, confidential and accessible to each active person.
An active person can have recourse to professional development advice in many cases, in anticipation of professional mobility, during a period of professional transition, or in the context of the creation or takeover of a business.
The person contacts, according to his situation, one of the CEP operators provided by law:
- Pôle Emploi;
- The Association for the employment of executives (Apec);
- the local mission;
- Cap Emploi.
- Competency assessment
All employees can benefit from the skills assessment. It makes it possible to analyze his personal and professional skills, his aptitudes and his motivations or to define his professional project and, if necessary, a training project.
Skills assessments are eligible for the Personal Training Account.
The skills assessment must be carried out by a service provider outside the company. The providers financed by public funds or mutual funds are certified on the basis of criteria defined by decree in Council of State.
II - ALTERNATING TRAINING
Apprenticeship is based on the principle of alternating between theoretical training in a learning center (CFA) and professional training with the employer with whom the apprentice signed his contract.
We treated this subject in our previous article dedicated to training, here we make only a few reminders.
Apprenticeship allows to prepare a diploma or professional title of a level that can range from C.A.P to Bac +5 years of study.
Hiring an apprentice: the apprenticeship can last from 6 months to 4 years. This is a fixed-term contract which aims to help you train a young employee. In addition, since the decree of August 21st 2019, the duration of an apprenticeship contract may be greater than that of the training cycle.
Learning begins with a period of 45 days (consecutive or not) during which the contract can be broken by a flexible procedure.
We can also add that a recent decree of March 31st 2020 has just made some modifications to the apprenticeship contract:
- It is now possible, in certain cases, to conclude a contract with a person of a maximum age of 29 years (instead of 25 years);
- The mandatory information that the contract must contain are now provided for by law, and the formalities of deposit are simplified;
- The duration of the apprenticeship can be adjusted depending on the apprentice's knowledge or skills, and thus go from 6 months to 3 years.
- Professionalization contract
This contract allows the employee to acquire a listed professional qualification such as:
- A diploma or professional title registered in the National Directory of Professional Certifications (RNCP);
- A professional or inter-branch professional qualification certificate (CQP);
- A qualification recognized in the classifications of a national collective agreement.
All employers under private law subject to the funding of continuing vocational training can conclude such a contract.
The beneficiaries are:
- Young people aged 16 to 25 to complete their initial training;
- Job seekers aged 26 and over;
- Beneficiaries of active solidarity income (RSA), specific solidarity allowance (ASS) or allowance for disabled adults (AAH).
The contract can be for a fixed term of between 6 and 12 months. In some cases this period can be increased to 36 months. It can also be concluded for an indefinite period.
The remuneration varies from 55% to 85% of the minimum wage depending on the age and initial qualification level of the beneficiary.
During the whole duration of the contract, or only a part, the beneficiary will undergo work-linked training. The employer must obligatorily appoint, for each employee on a professionalization contract, a tutor to accompany him. This must be a qualified employee of the company.
In addition, employers of employees on professionalization contracts may benefit, depending on the case, from a certain number of financial aids or exemption from employers' social security contributions.
- Reconversion or promotion by work-study (Pro-A)
The pro-A is a retraining or promotion by work-study scheme which allows an employee to change trades or professions or to benefit from social or professional promotion, through training actions. The pro-A can also allow the acquisition of new knowledge and skills.
It is reserved for certain employees whose level of qualification does not exceed the license.
The training costs are borne by the skills operator (OPCO) on the basis of a lump sum.
Its implementation is subject to the conclusion of an extended branch agreement, which determines the list of eligible professional certifications.
A decree of March 16th 2020, brought several modifications and clarifications to the pro-A system.
III - TRAINING OF DISABLED PEOPLE
Employees with disabilities can, as well as other employees, benefit from training actions financed by employers and professional branches:
- The professional transition project allows employees wishing to change trades or professions to finance certification training related to their project;
- Employees with disabilities can also follow specific training actions by decision of the Commissions on the Rights and Autonomy of People with Disabilities (CDAPH);
- The professional re-education contract allows employees with disabilities to benefit from a professional re-education contract with the employer or training actions in professional re-education centers (CRP) which are both medico-social establishments and training organizations adapted to the needs of people with disabilities.
Note: A person admitted to an establishment of help by work (ESAT) who has concluded a contract of support and help by work, benefits from a Personal Training Account (CPF). The annual amount of the CPF is increased to 800 euros per year of full-time or part-time admission (instead of 500 €), up to a total ceiling of 8,000 euros.
Apprenticeship: A disabled person can also become an apprentice without age limit. For this, certain rules of the apprenticeship contract are adapted (duration of the contract, course of the training, adaptation of the work-station).
We can conclude by specifying that training allows the employer to adapt the skills of his collaborators to their work station, to maintain their employability, to develop their skills to conquer new markets, to allow their retraining within the company, etc.
It is therefore important to plan a training plan as well as the professional maintenance schedule every 6 years at least.