Terms and conditions
Rules of procedure
Article 1
These rules have been drawn up 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 course.
Article 2: Discipline
It is strictly forbidden for trainees to:
By way of example :
- Bringing alcoholic beverages onto the organisation's premises;
- Attend training courses in an intoxicated state;
- Take away or modify training materials;
- Changing computer settings;
- Eating in the classrooms;
- Use their mobile phones during sessions for purposes other than training.
Article 3: Penalties
Depending on the nature and seriousness of the misconduct, the management of the training organisation may impose one or more of the following sanctions, in ascending order of importance:
- Written warning from the Director of the training organisation ;
- Reprimand ;
- Permanent exclusion from the course.
Article 4: Interview prior to a sanction and procedure.
No penalty may be imposed on a trainee without the latter being informed at the same time and in writing of the complaints against him/her. When the training organisation is considering imposing a sanction, it will summon the trainee by registered letter with acknowledgement of receipt or by letter delivered to the person concerned in return for a receipt, indicating the purpose of the summons, the date, time and place of the interview, unless the envisaged sanction does not affect the trainee's attendance for the rest of the training.
During the interview, the trainee may be assisted by a person of his choice, either a trainee or an employee of the training organisation. The invitation referred to in the previous article shall state this option. During the interview, the trainee will be informed of the reason for the proposed sanction: he will then have the opportunity to give any explanation or justification for the acts of which he is accused.
When the training organisation considers it essential to take the precautionary measure of temporary exclusion with immediate effect, no definitive sanction relating to the misconduct at the origin of this exclusion may be taken without the trainee having first been informed of the charges against him/her and, if applicable, having been summoned to an interview and having been given the opportunity to explain himself/herself before a Disciplinary Committee.
The penalty may not be imposed less than one clear day nor more than 15 days after the interview or, where applicable, after the opinion of the Disciplinary Committee. The trainee will be notified of the penalty in writing, stating the reasons, by registered letter or by letter delivered against receipt. At the same time, the training organisation shall inform the employer and, where applicable, the joint body paying the training costs, of the sanction imposed.
Article 5: Trainee representation
When a course lasts more than 500 hours, a full delegate and a deputy delegate are elected in a two-round uninominal ballot. All trainees are entitled to vote and to stand for election, with the exception of prisoners admitted to take part in a vocational training course.
The training organisation organises the ballot, which takes place during training hours, no earlier than 20 hours and no later than 40 hours after the start of the course. If it is not possible to appoint trainee representatives, the training organisation shall draw up a statement of default 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 course.
If the titular delegate and the alternate delegate cease to hold office 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 shall make any suggestions for improving the running of the courses and the living conditions of the trainees in the training organisation. They shall submit 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 accidents and illness 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, where they exist, must be strictly complied with, failing which disciplinary action will be taken.
When training takes place on the company's site, the general and specific safety instructions applicable are those of the company.
Article 7
A copy of these rules will be given to each trainee (prior to final enrolment).