Article 1: Purpose
The present regulations are established in accordance with the provisions of articles L.6352-3 and L.6352-4 and R.6352-1 to R. 6352-15 of the French Labour Code. They apply to all trainees for the duration of the training course. Its purpose is to specify:
– measures relating to health and safety
– the disciplinary rules and in particular the nature and scale of sanctions applicable to trainees as well as their rights in the event of sanctions.
Article 2: Discipline
Trainees are required to respect the training schedules set by the organisation in agreement with the client.
It is strictly forbidden for trainees to :
– consume alcoholic beverages
– smoke or vape in places designated for collective use and in particular in the training premises
– attend training courses in a state of inebriation
– leave the course without a reason
– unless expressly exempted, record or film the training session
– take away, modify, distribute or transfer the training materials to a third party, other than those provided for this purpose and without prior authorisation.
The training materials remain the exclusive property of the organisation itself and/or of the organisation for which the training is subcontracted
Article 3 : Sanctions
Any action considered to be wrongful by the management of the training organisation may, depending on its nature and seriousness, be subjected to one or other of the following sanctions in ascending order of importance:
– oral warning and if necessary in writing by the Director of the training organisation or by a representative
– permanent exclusion from the course
Article 4: Interview prior to a sanction and procedure
No sanction may be imposed on the trainee without the latter being informed at the same time orally and if necessary in writing of the grievances against him/her. When the training organisation is considering imposing a sanction, it will summon the trainee orally and, if necessary, by electronic means or by registered letter with acknowledgement of receipt or by delivery to the person concerned indicating the purpose of the summons, the date, time and place of the interview, unless the proposed sanction does not affect the trainee’s presence for the remainder of the course.
During the interview, the trainee may be assisted by a person of his/her choice, whether a trainee or an employee of the training organisation. The invitation mentioned in the previous article shall mention this option. During the interview, the reason for the envisaged sanction is indicated to the trainee: the latter is then given the opportunity to give any explanation or justification of the facts of which he/she is accused. When a temporary exclusion with immediate effect is considered essential by the training organisation, no final sanction relating to the misconduct at the origin of this exclusion may be taken without the trainee having first been informed of the grievances against him/her and, if applicable, having been summoned to an interview and having had the opportunity to explain himself/herself before a Disciplinary Committee. The sanction may be imposed after the end of the interview if no agreement has been reached, or, if necessary, after the opinion of the Disciplinary Committee.
The trainee will be notified orally and/or in writing, stating the reasons, by registered letter or by letter delivered against receipt. The training organisation shall at the same time inform the employer, and possibly the joint body paying the training costs, of the sanction imposed.
Article 5: Representation of trainees
When a course lasts more than 500 hours, a full delegate and an alternate delegate shall be elected in a single ballot with two rounds. All trainees are eligible to vote and to stand for election, with the exception of prisoners admitted to participate in a vocational training course. The training body shall organise the ballot, which shall take place during training hours, at the earliest 20 hours and at the latest 40 hours after the start of the course. If it is not possible to appoint trainees’ representatives, the training body shall draw up a statement of failure to do so and send it to the regional prefect with territorial jurisdiction. The delegates are elected for the duration of the training course. Their functions end when they cease, for whatever reason, to participate in the training. If the titular delegate and the alternate delegate have ceased their functions before the end of the training session, a new election is held under the conditions set out in Articles R.6352-9 to R.6352-12.
The trainees’ representatives make any suggestion to improve the course of the training and the living conditions of the trainees in the training organisation. They present all individual or collective complaints relating to these matters, to health and safety conditions and to the application of the internal regulations.
Article 6: Health and Safety
The prevention of risks of accidents and illnesses is imperative and requires everyone to comply fully with all applicable health and safety regulations. To this end, the general and specific safety instructions in force in the organisation, when they exist, must be strictly respected on pain of disciplinary sanctions. When the training takes place on the company’s site, the general and specific safety instructions applicable are those of the company.
Article 7: Publicity of the regulations
A copy of these rules shall be given to the company that requests the services of the training organisation (before any training action) for transmission to the participants and may be posted in the training room. If the organisation is a subcontractor, it will be agreed between the parties which rules will be applied.
Last update 20.03.2023