The contract of professionalisation promotes the integration or reintegration of young people and job seekers by enabling them to acquire a recognised qualification. For the company, it is a means of forming a collaborator to the requirements of the activity.
1. Who can sign a professional contract?
The professional contract for:
• young people aged 16 to 25 years;
• the job-seekers aged 26 years and over, registered with Pôle Emploi ;
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• the beneficiaries of the RSA (active solidarity revenue), ASS (allowance of specific solidarity) or AAH (allocation for disabled adults);
• people who have received a contract helped.
2. What companies?
Every employer subject to the funding of continuing vocational training; the companies of temporary work (contract of professionalization of limited duration).
The State, the territorial authorities and their public establishments administration may not enter into a professional contract.
3. What type of contract do I sign?
The professional contract can be fixed term (between six and twelve months) with a possible duration of twenty-four months for those without qualifications or beneficiaries of the RSA, the HSA, the AAH or out of a contract helped, or by the collective agreement applicable to the company.
At the end of a contract a fixed-term contract, no allowance end of contract is due.
It can also be of indefinite duration. In this case, the rules of maximum focus on the action of professionalization, that is to say, the first step of the contract which is carried out in alternation (between 6 to 12 months) .
The CDI or CDD may include a probationary period of a duration fixed by the collective agreement of the company.
4. What compensation, a perception of the contract of professionalization?
The amount varies depending on the age of the person and their level of initial training.
• Level of training lower than the bac professionnel :
Recipient under the age of 21 years : at least 55 % of the Smic .
21 and over : at least 70 % of the Smic.
26 years and more : at least the Minimum wage or 85% of the minimum conventional.
• professional degree, title, diploma or professional purpose :
Recipient under age 21 years of age: at least 65 % of the Smic.
21 and over : at least 80 % of the Smic.
26 years and more : at least the Minimum wage or 85% of the minimum conventional.
The provisions of the agreement or contract may provide for a remuneration that is more favourable for the employee. In the case of successive contracts, the remuneration is at least equal to the legal minimum of the last year of the previous contract.
5. What is the working time?
the working time of The employee in contract of professionalization is identical to that of the other employees of the company. The training time is included in working time. The contract may be concluded for part-time.
It is possible to perform the two contracts with the same employer, as soon as the second qualification sought is greater than or complementary to the first.
The OPCA (joint body authorized collector) appreciates the character of higher or additional qualification.
The rules for young workers under the age of 18 years applies to minors in contract of professionalization (working time, holidays).
The decree of February 1, 2016 specifies the reception conditions of an employee with a contract of professionalization among several companies. The presence of the employee in another company is limited to one-half of the training time provided for in the company. Agreements must be made between the principal employer and other businesses that cater to the employee on the other part of the time.
6. What is the alternation?
The professional contract is an employment contract providing for an alternation between periods of time worked in the company where the contract has been signed, and periods of theoretical training in a centre that is internal or external (a separate production services from the company).
If the contract is a CDI, the action of professionalization (alternating between lessons and work periods in the company) is located at the beginning of the contract. If it is a CDD, the alternation occupies the whole of the duration of the contract.
The duration of training is between 15 % and 25 % of the total duration of the contract. This duration may not be less than 150 hours. An industry-wide agreement may, however, extend it beyond 25 %, for certain audiences (beneficiaries of the RSA, the HSA, the AAH), or for certain skills.
7. What qualifications?
The employee in contract of professionalization must prepare a recognized qualification: degree or professional title recorded in the national Directory of professional certifications (RNCP), certificate of qualiverification professionnelle (CQP); recognised qualification within the classifications of a national collective agreement of branch. The law of 6 march 2014 has added the possibility of preparing a certificate of professional qualification interbranche.
8. What tutoring?
The appointment of a guardian to accompany the beneficiary of a contract of professionalization is mandatory since the act of 6 march 2014 on vocational training, employment and social democracy.
The guardian must be an employee trained to the business, voluntary, and confirmed (employer included). It must have a professional experience of at least two years in connection with the qualification referred to by the employee in the contract of professionnalisaton.
The guardian may not exercise its functions in respect of more than three employees in péridoe of professionalisation or apprenticeship. If it is the employer, it could not provide the tutoring only for two employees, maximum.
9. What support for the company?
employers can benefit, depending on the case, a number of financial aid.
reductions in employers ‘ contributions on low and average wages; total exemption of employer contributions when the employee is aged 45 years and over; specific exemption for the GEIQ (employer groups for insertion and qualification) ; flat-rate aid of Pôle emploi, in case of hiring job-seekers aged 26 years and over, limited to 2 000 € ; additional aid in the event of employment of a disabled worker ; additional aid of € 2,000 for hiring a job seeker aged 45 years and more;help for companies with more than 250 employees employing more than 4% of trainees.
Funding for the training and assessment activities and support by the OPCA of the company, on the basis of fixed schedules that are defined by industry-wide agreement. Specific packages can be set for the public identified as priorities. The expenses related to mentoring (internal or external) can also be supported by the OPCA.
10. What are the steps?
In the five days following the beginning of the professional contract, the employer shall send the contract to the OPCA. It has a period of twenty days in which to provide a notice of compliance and decide on the financial support. Failure to reply within this time, the OPCA supports the professional contract.
This article has been updated to the 05/08/2016. MB.
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The OPCA then submits the contract to the Direccte (regional directorate for enterprises, competition, consumption, work and employment) the place of conclusion of the contract, in dematerialized form.
This article has been updated to the 05/08/2016. MB.