Key Benefits:
The Minister of Agriculture and Fisheries,
Given the Rural Code, and in particular Articles L. 711-1, L. 714-2, L. 715 -1, L. 751-1, L. 763-1, R. 715 -1, L. 761-14, R. 715 -1-1, R. 715 -1-2, R. 715 -1-3, R. 715 -1-4, R. 715 -1-5, R. 715 -2, R. 715-3 and R. 715-4 ;
In view of the Labour Code, in particular Articles L. 211-1, L. 212-13, L. 212-14, L. 213-7 to L. 213-10 and R. 234-11 to R. 234-22;
In the opinion of the National Council of Agricultural Education dated 15 March 2007;
In view of the opinion of the Commission National Occupational Health and Safety in Agriculture dated April 2, 2007,
Stops:
Model clauses of the conventions provided for in Article R. 715-1 of the Rural Code shall be annexed to this Order.
The Order of 3 January 2006 laying down the model provisions of the Convention provided for in Article 2 of Decree No. 97-370 of 14 April 1997 on conditions of employment for young agricultural workers is replaced by this Decree.
The Director General of Education and Research and the Director General of Forest and Rural Affairs are responsible, each as far as it is concerned, Of the execution of this Order, which shall be published in the Official Journal of the French Republic.
A N N E X E I
CONVENTION ON THE ORGANIZATION OF A PREVIOUS INFORMATION VISIT TO ARTICLES R. 715-1 AND R. 715 -1-1 OF RURAL CODE
Between, on the one hand:
The host company (name, name and address), represented by (name) in Quality of
And, on the other hand:
The establishment of agricultural vocational education and training of ....... (name, address), represented by Mr. ........ as head of establishment,
he agreed as follows:
Article 1
Check the relevant case:
The purpose of this agreement is to carry out an information visit for the benefit of the student or students of the institution Designated agricultural education (s):
Name of the student (s) concerned:
Class:
Teacher (s) responsible for following the visit or escort:
Date of visit:
This Agreement Has as its object the implementation of an information visit, for the benefit of the pupil or pupils of the educational establishment ........ for the school year .......-........
In this case, the educational institution ....... undertakes to Inform the business in writing before the expected visit of the following:
Student's name (students) in question:
Class:
Name of the teacher (s) responsible for following the tour or accompanying:
Date of visit:
Article 2
Organization of the visit is determined by mutual agreement between the head of the business or the head of the host organization and the head of establishment
of this information visit is to enable students to discover the technological, economic, professional and social environment, in conjunction with educational programs.
During this visit Information, the pupils can carry out surveys in connection with the lessons, discover the activities of the host organisation or organisation or attend demonstrations, meeting the training objectives of their class, under the Supervision of staff responsible for supervising them in a professional environment.
The arrangements for the supervision of pupils during these information visits shall be fixed by the educational institution, within the general framework of the organisation of the School outings.
From the last two years of compulsory schooling, pupils, at least in the fourth or third class, may be allowed to perform these visits individually, subject to supervision
the course of the information visits, the pupils cannot access the machinery, apparatus or products whose use is prohibited for minors by Articles R. 234-11 to R. 234-21 of the Job code. They shall not perform any manoeuvres or manipulations on other machines, products or apparatus of production or perform light work referred to in Article R. 715 -2.
Article 3
The Head of company shall take the necessary steps to guarantee its civil liability each time it is committed:
-either by subscribing to a specific insurance guarantee to guarantee its civil liability in the event of fault attributable to The business in respect of the student; or
-adding to his or her existing contract " Civil liability company " Or " Professional civil liability " An endorsement of the student.
The head of the educational institution shall contract an insurance covering the student's civil liability for the damage he may cause during the period or during the visit in the middle Outside the business or the host organisation or on the journey leading either to the place where the visit takes place, or to the home, or to the return to the institution.
This Agreement shall be known to the Parent or Legal Officer.
Dated at,
Company Head,
Head of Institution
,
Teacher (s) Visa (s) (only for visits Point).
A N N E X E I I
STAGE CONVENTION ON THE SEQUENCE OF COMPLIANCE WITH ARTICLES R. 715-1 AND R. 715 -1-2 OF RURAL CODE
Between, on the one hand:
The host company (name, name and address),
represented by (name) in quality of,
And, on the other hand:
The educational and vocational training institution of ...... (name, address), represented by Mr. ...... Head of establishment,
it is agreed as follows:
TITLE I
THE GENERAL PROVISIONS
Article 1
The purpose of this Agreement is to implement, for the benefit of the student named ...... (name, first name, date of birth), of an observation sequence made mandatory by the official program of the class ...... in which it is registered.
This observation sequence will be conducted from ...... to the
Only the aged students At least 14 years at school and at least in the fourth or third class may carry out the sequence of observation which is the subject of this agreement.
The purpose of this observation sequence is to raise awareness of the The technological, economic, professional and social environment in connection with education programmes, in particular in the context of orientation education.
It is aimed at pupils in general, technological,
If this sequence of observations is collective, the terms and conditions of the pupils during this observation sequence shall be fixed by the establishment within the general framework of the organisation of the exits The
may be admitted to perform this observation sequence individually, provided that the pupil is followed up by the school and is supervised and supervised by the Master of traineeship designated for this purpose by the head of the host company when he or she is not himself a master of the traineeship. The employer associates the pupil with the activities of the company receiving it by ensuring that his participation in those activities does not prejudice the employment situation in the undertaking. In addition, the pupil is subject to a duty of professional discretion.
In the course of this sequence of observation, the pupil cannot in any way access the machines, apparatus or products whose use is prohibited for minors by the articles R. 234-11 to R. 234-21 of the Labour Code. It shall not perform any manoeuvres or manipulations on other machines, products or apparatus of production or perform light work as defined in Article R. 715-2 of the Rural Code.
The activities to which the pupil is associated Are specified in Title II of this Convention (special educational provisions).
Article 2
The arrangements for taking charge of the costs of this period as well as the Terms of insurance are defined in Title II of this Agreement (special financial provisions).
Article 3
The trainee shall remain for the duration of his or her training Under school status and, as such, shall remain under the authority of the head of its agricultural education and vocational training establishment.
The head of an educational institution shall ensure, by implementing the normal dispatch, that The conditions of the course of the traineeship shall be such as to preserve the health and safety of the pupil and ensure that the pupil is trained in practical training.
As such, the head of the host undertaking must inform the Corresponding part of Title II (special educational provisions).
As a result of its academic status, the trainee shall not be entitled to any remuneration from the undertaking. However, a gratuity may be paid. If the amount of this gratuity does not exceed 30 % of the SMIC, an advantage in kind included, no social contribution is due.
The student should not be taken into account for the appraisal of the company's workforce and cannot take part To any professional election.
It shall be subject to the general rules in force in the host undertaking, in particular in matters relating to safety, time and discipline, subject to the provisions of Article 4 of this Convention.
Article 4
As a reminder, students under 18 years of age may not be employed for work exceeding 8 hours per day, or 35 hours per week, including work of a nature School. For young people under 15, the weekly duration may not exceed 32 hours, including work of a school nature.
For each 24-hour period, a minimum daily rest period must be set at 14 consecutive hours. Students under the age of 16 and 12 consecutive hours for students aged 16 to 18.
Beyond 4 ½ hours of daily work, students must be given a break of at least 30 minutes
Weekly rest for two consecutive days, including Sunday. The daily schedules of minor pupils cannot provide for the presence of pupils at the stage before 6 a.m. and after 10 p.m. in the evening. For students under 16 years of age, work is prohibited between 20 hours and 6 hours.
Article 5
Company chief arranges for civil liability Each time it is committed:
-either, by subscribing to a specific insurance guarantee to guarantee its civil liability in the event of fault attributable to the undertaking in respect of the trainee;
-or, by adding to its already subscribed contract " Civil liability company " Or " Professional civil liability " An endorsement for the trainee.
The head of the educational institution shall contract an insurance covering the civil liability of the pupil for the damage it may cause during the period or during the sequence of observation As well as outside the host company or organization or on the return trips leading to the location of the observation sequence or the home.
Article 6
In accordance with the provisions of the Articles L. 751-1 and L. 761-14 of the Rural Code, trainees of agricultural education shall benefit from the legislation on accidents at work.
In the event of an accident involving the student trainee, either during the course of the work or during the course of the journey, the Responsible for the company undertakes to inform the head of educational institution on the day on which the accident occurred or at the latest within 24 hours.
The declaration of an accident at work must be made by the head of establishment Education, by registered letter with a request for notification of receipt, to the agricultural social insurance fund (or the agricultural accident insurance fund for the Alsace-Moselle, or the general social security fund for the departments ), of which the institution is responsible, within 48 hours, not including Sundays and public holidays, from the information provided by the company.
Article 7
The Head of Establishment May terminate the traineeship at any time when the host company no longer satisfies:
-the conditions of hygiene, safety and morals essential for the proper conduct of the traineeship;
-the conditions of supervision Necessary for the implementation of the objectives specified in the special educational provisions contained in Title II of this Convention.
Article 8
The Head of Establishment And the head of undertaking shall keep each other informed of the difficulties, in particular those relating to the trainee's possible absences, which may arise from the application of this Convention and shall take joint agreement, in Liaison with the educational team, the appropriate provisions to put an end to it.
In any event, the entrepreneur may decide, after having informed the head of the educational institution, to put an early end to the Traineeship in the event of a serious breach of discipline on the part of the trainee.
Article 9
This Convention applies to traineeships as well as to the teaching sequences of the teaching The training repository expressly provides that they may take place in part out of school, within the time limit specified by the training repository. These periods are prior to graduation.
If the entrepreneur occupies the young person on his own initiative outside of the periods laid down in the traineeship agreement he has signed with the head of the educational institution, he does Lose the young person's status as a result of the acquisition of the quality of the employee and the obligation for the company to pay a salary and the resulting contributions.
In any event, for young people under 16 years of age, These non-academic periods (as a trainee or as an employee) may not exceed half of the school holidays concerned.
TITLE II
SPECIFIC PROVISIONS
Article 10
Educational provisions
A teaching appendix will be written. It is a document that must inform all of the topics listed below:
-name of the student concerned;
-date of birth (1);
-name and quality of the probationary master;
-name of the team coordinator Educational (or its representative);
-dates of the probationary period (s);
-objectives of the internship and corresponding parts of the diploma repository (of the class) concerned;
-main activities of the trainee;
-place The internship in the evaluation.
The duties of the entrepreneur include:
-presenting to the trainee the risk assessment of his company and commenting in an educational way with him the risks to which he is likely To be exposed and the measures taken to address them;
-to direct and control the trainee through the appointment of a trainee master responsible for monitoring;
-to enable the trainee to prepare his report, giving him time Necessary.
Visa from the teaching team coordinator (or his representative).
Article 11
Financial Terms and Conditions
A financial annex will be written and specify the following conditions:
-hosting;
-restore;
-transport;
-insurance:
-for the educational institution,
-for the host company.
Article 12
A copy of this Agreement shall be delivered, after signature by the Head of Business and the Chief Educational institution, student and/or legal representative as well as the supervisor and teacher coordinator of the teaching team or his/her representative.
Done at,
(in triplicate)
The Head of Business,
The Head of the
Education Institution,
Internship Master's Visa (if it is separate from the Head of Business).
Visa du trainee (and/or his legal representative).
A N N E X E I I I
CONVENTION ON PREVUS INITIATION STAGES
TO ARTICLES R. 715-1 AND R. 715 -1-3 OF RURAL CODE
Between, on the one hand:
The host company (name, name and address) ,
represented by (name) as
And, on the other hand:
The establishment of agricultural education and training of
(name, address), represented by M. ...... as head of establishment,
it is Agree as follows:
TITLE I
THE GENERAL PROVISIONS
Article 1
The purpose of this Agreement is to implement, for the benefit of the student named .............. (name, first name, date Of birth), of a period of initiation into an undertaking made compulsory by the official programme of the class of .............., in which it is registered.
This traineeship will take place from the ..............
the .............. Pupils at least 14 years of age may carry out the traineeship or the educational sequence within the meaning of Article R. 813-42 of the Rural Code which is the subject of this Convention.
This course, or this pedagogical sequence within the meaning of Article R. 813-42 of the Code The goal is to allow the student to discover different professional backgrounds. It shall be organised under the conditions laid down in the texts defining the training followed.
During this introductory course, the pupil may carry out a variety of practical activities and, under supervision of the traineeship master or guardian appointed by the The company or host organisation, light work authorised to minors by the Labour Code. The employer shall ensure that participation in these activities does not prejudice the employment situation in the undertaking. The pupil is also subject to a duty of professional discretion.
This course is carried out under the supervision and supervision of the traineeship master designated for that purpose by the head of the host undertaking when he is not himself Master of the internship. The activities to which the pupil participates are specified in Title II of this Convention (special educational provisions).
During this introductory course, the pupil cannot in any case access the machines, apparatus or Products whose use is prohibited to minors by Articles R. 234-11 to R. 234-21 of the working code.
Article 2
The terms and conditions for taking charge of the costs of this period as well as the Terms of insurance are defined in Title II of this Agreement (special financial provisions).
Article 3
The trainee shall remain for the duration of his or her training Under school status and, as such, shall remain under the authority of the head of its agricultural education and vocational training establishment.
The head of an educational institution shall ensure, by implementing the normal dispatch, that The conditions of the course of the traineeship shall be such as to preserve the health and safety of the pupil and ensure that the pupil is trained in practical training.
As such, the head of the host undertaking must inform the Corresponding part of Title II (special educational provisions).
As a result of this school status, the trainee shall not be entitled to any remuneration from the undertaking. However, a gratuity may be paid. If the amount of this gratuity does not exceed 30 % of the SMIC, an advantage in kind included, no social contribution is due.
The student should not be taken into account for the appraisal of the company's workforce and cannot take part To any professional election.
It shall be subject to the general rules in force in the host undertaking, in particular in matters relating to safety, time and discipline, subject to the provisions of Article 4 of this Convention.
Article 4
As a reminder, students under 18 years of age may not be employed for work exceeding 8 hours per day, or 35 hours per week, including work of a nature
For young people under the age of 15, the weekly duration may not exceed 32 hours, including work of a school nature.
For each 24-hour period, a minimum daily rest period must be set at 2 p.m. For students under 16 years of age and 12 consecutive hours for students aged 16 to 18.
Beyond 4 ½ hours of daily work, students must have a break of at least 30 minutes
Benefit from a weekly rest period of two consecutive days, including Sunday.
The daily schedules of minor students cannot predict the presence of students at the stage before 6 a.m. and after 22 p.m. on the evening. For students under 16 years of age, work is prohibited between 20 hours and 6 hours.
Article 5
Company chief arranges for civil liability Each time it is committed:
-either by subscribing to a specific insurance guarantee to guarantee its civil liability in the event of fault attributable to the company in respect of the trainee;
-or by adding to its already subscribed contract " Civil liability company " Or " Professional civil liability " An endorsement for the trainee.
The head of the educational institution shall contract an insurance covering the civil liability of the pupil for the damage he may cause during the period or on the occasion of his or her traineeship as well as outside Of the host company or organisation or on the route to the place of traineeship or the home.
Article 6
In application of the provisions of Articles L. 751-1 and L. 761-14 of the Rural Code, the Trainees of agricultural education shall benefit from the legislation on accidents at work.
In the event of an accident involving the student trainee either during the course of the work or during the course of the journey, the person responsible for the undertaking undertakes to inform the Head of educational institution on the day of occurrence of the accident or at the latest within 24 hours.
The declaration of an accident at work shall be made by the Head of Education, by registered letter with application D' acknowledgement de receipt, à la caisse de mutualité sociale agricole (or the agricultural accident insurance fund for the Alsace-Moselle, or the general social security fund for the overseas departments), of which the establishment belongs, in the 48 Hours, not including Sundays and holidays, from the information provided by the company.
Article 7
The head of an educational institution may terminate the probationary period at any time. That the host company no longer satisfies:
-the conditions of hygiene, safety and morality essential to the smooth running of the traineeship;
-the conditions of supervision necessary for the implementation of the objectives specified in the Special educational provisions in Title II of this Agreement.
Article 8
The Head of Education and the Head of Business shall keep each other Informed of the difficulties, in particular those relating to the possible absences of the trainee, which may arise from the application of this Convention and shall take joint agreement, in liaison with the educational team, of the relevant provisions for To put an end to it.
In any event, the head of the enterprise may decide, after informing the head of the educational institution, to put an early end to the traineeship in the event of a serious breach of discipline on the part of the Trainee.
Article 9
This convention applies to traineeships as well as to the teaching sequences of the appropriate rate of instruction, the training repository of which expressly provides that they May take place in part out of school, within the time limit specified by the school. These periods are prior to graduation.
If the entrepreneur occupies the young person on his own initiative outside of the periods laid down in the traineeship agreement he has signed with the head of the educational institution, he does Lose the young person's status as a result of the acquisition of the quality of the employee and the obligation for the company to pay a salary and the resulting contributions.
In any event, for young people under 16 years of age, Periods of non-school time (as a trainee or as an employee) may not exceed half of the school holidays concerned.
TITLE II
SPECIFIC PROVISIONS
Article 10
Provisions Teaching order
A teaching appendix will be written. It is a document that must inform all of the topics listed below:
-name of the student concerned;
-date of birth (1);
-name and quality of the probationary master;
-name of the team coordinator Educational (or its representative);
-dates of the probationary period (s);
-objectives of the internship and corresponding parts of the diploma repository (of the class) concerned;
-the main tasks assigned to the trainee;
- Place of the internship in the evaluation;
The obligations of the chief of business are notably:
-present to the trainee the risk assessment of his company and comment in an educational manner with him the risks to which he is Likely to be exposed and the measures taken to address them;
-to direct and control the trainee in his/her activities through the appointment of a traineeship in charge of this follow-up;
-to make the trainee carry out the corresponding work Both his skills, the objectives of the traineeship and the educational progress of the trainee:
-if this work includes the use of equipment, indicate the type of equipment and its conditions of use (framing, port of equipment of Personal protection, training ...). The head of a company must use only devices that are in compliance with the regulations;
-during this course of initiation the student cannot in any case access the machines, apparatus or products whose use is prohibited to minors by the R. 234-11 to R. 234-21 of the Labour Code;
-to allow the trainee to prepare his report by granting him the necessary time.
Visa of the teaching team coordinator (or his representative).
Article 11
Financial Arrangements
One Financial annex will be drafted and will specify the conditions:
-hosting;
-catering;
-transport;
-insurance;
-for educational institution,
-for the host company.
Article 12
A copy of this Agreement shall be delivered to the pupil and/or his or her legal representative and/or his/her legal representative after signature by the Head of Entrepreneurship and the Head of Education Articling and teaching team coordinator or representative.
Done at,
(in triplicate)
Company Head,
Head of Education
,
Internship Master's Visa, (if it is separate from the chief of business).
Visa du trainee (and/or legal representative).
A N N E X E I V
CONVENTION ON STAGES EFFECTIVE PROFESSIONAL APPLICATION TO SECTIONS R. 715-1 AND R. 715 -1-4 OF RURAL CODE
Between, on the one hand:
The host company (name, name and address)
represented by (name) as
And, on the other hand:
The establishment of agricultural education and training of
(name, address), represented by Mr.
as Head of Institution,
agreed as follows:
TITLE I
LES GENERAL PROVISIONS
Article 1
The purpose of this Agreement is to implement, for the benefit of the student named
(name, first name, date of birth) of a period of probationary period of application Required by the official program of the class of technological or professional education of
in which it is registered.
This course will take place from
to
Only students who are at least 14 years of age can do the internship, or Educational sequence within the meaning of Article R. 813-42 of the Rural Code, which is the subject of this Convention.
This course, or educational sequence within the meaning of Article R. 813-42 of the Rural Code, is intended to enable the pupil to Report the knowledge and know-how acquired in the school with the technical languages and practices of the professional world. It shall be organised under the conditions laid down in the texts defining the training followed.
During this course of application, the pupil may carry out manoeuvres or manipulations of machines, products or apparatus, where they are necessary To training. The employer shall ensure that participation in these activities does not prejudice the employment situation in the undertaking. The pupil is also subject to a duty of professional discretion.
This course is carried out under the supervision and supervision of the traineeship master designated for that purpose by the head of the host undertaking when he is not himself Master of the internship. The activities to which the pupil participates are specified in Title II of this Convention (special educational provisions).
During this course of application, the pupil may not in any case access the machines, apparatus Or products whose use is prohibited to minors by Articles R. 234-11 to R. 234-21 of the Labour Code.
Article 2
The arrangements for taking charge of the costs of this period as well as The terms of insurance are defined in Title II of this Agreement (special financial provisions).
Article 3
The trainee shall remain for the duration of his or her training Under school status and, as such, shall remain under the authority of the head of its agricultural education and vocational training establishment.
The head of an educational institution shall ensure, by implementing the normal dispatch, that The conditions of the course of the traineeship shall be such as to preserve the health and safety of the pupil and ensure that the pupil is trained in practical training.
As such, the head of the host undertaking must inform the Corresponding part of Title II (special educational provisions).
As a result of this school status, the trainee shall not be entitled to any remuneration from the undertaking. However, a gratuity may be paid. If the amount of this gratuity does not exceed 30 % of the SMIC, an advantage in kind included, no social contribution is due.
The student should not be taken into account for the appraisal of the company's workforce and cannot take part To any professional election.
It shall be subject to the general rules in force in the host undertaking, in particular in matters relating to safety, time and discipline, subject to the provisions of Article 4 of this Convention.
Article 4
As a reminder, students under 18 years of age may not be employed for work exceeding 8 hours per day, or 35 hours per week, including work of a nature
For young people under the age of 15, the weekly duration may not exceed 32 hours, including work of a school nature.
For each 24-hour period, a minimum daily rest period must be set at 2 p.m. For students under 16 years of age and 12 consecutive hours for students aged 16 to 18.
Beyond 4 ½ hours of daily work, students must have a break of at least 30 minutes
Benefit from a weekly rest period of two consecutive days, including Sunday.
The daily schedules of minor students cannot predict the presence of students at the stage before 6 a.m. and after 22 p.m. on the evening. For students under 16 years of age, work is prohibited between 20 hours and 6 hours.
Article 5
The entrepreneur takes the necessary steps to guarantee his or her civil liability. Time it is committed:
-either by subscribing to a specific insurance guarantee to guarantee its civil liability in the event of a fault attributable to the company in respect of the trainee;
-or by adding to its already subscribed contract " Civil liability company " Or " Professional civil liability " An endorsement for the trainee.
The head of the educational institution shall contract an insurance covering the civil liability of the pupil for the damage he may cause during the period or on the occasion of his or her traineeship as well as outside Of the host company or organisation or on the route to the place of traineeship or the home.
Article 6
In application of the provisions of Articles L. 751-1 and L. 761-14 of the Rural Code, the Trainees of agricultural education shall benefit from the legislation on accidents at work.
In the event of an accident involving the student trainee either during the course of the work or during the course of the journey, the person responsible for the undertaking undertakes to inform the Head of educational institution on the day of occurrence of the accident or at the latest within 24 hours.
The declaration of an accident at work shall be made by the Head of Education, by registered letter with application D' acknowledgement de receipt, à la caisse de mutualité sociale agricole (or the agricultural accident insurance fund for the Alsace-Moselle, or the general social security fund for the overseas departments), of which the establishment belongs, in the 48 Hours, not including Sundays and holidays, from the information provided by the company.
Article 7
The head of an educational institution may terminate the probationary period at any time. That the host company no longer satisfies:
-the conditions of hygiene, safety and morality essential to the smooth running of the traineeship;
-the conditions of supervision necessary for the implementation of the objectives specified in the Special educational provisions in Title II of this Agreement.
Article 8
The Head of Education and the Head of Business shall keep each other Informed of the difficulties, in particular those relating to the possible absences of the trainee, which may arise from the application of this Convention and shall take joint agreement, in liaison with the educational team, of the relevant provisions for To put an end to it.
In any event, the head of the enterprise may decide, after informing the head of the educational institution, to put an early end to the traineeship in the event of a serious breach of discipline on the part of the Trainee.
Article 9
This convention applies to traineeships as well as to the teaching sequences of the appropriate rate of instruction, the training repository of which expressly provides that they May take place in part out of school time and within the time limit specified by the school. These periods are prior to graduation.
If the entrepreneur occupies the young person on his own initiative outside of the periods laid down in the traineeship agreement he has signed with the head of the educational institution, he does Lose the young person's status as a result of the acquisition of the quality of the employee and the obligation for the company to pay a salary and the resulting contributions.
In any event, for young people under 16 years of age, These non-academic periods (as a trainee or as an employee) may not exceed half of the school holidays concerned.
TITLE II
SPECIFIC PROVISIONS
Article 10
Educational provisions
A teaching appendix will be written. It is a document that must inform all of the topics listed below:
-name of the student concerned;
-date of birth (1);
-name and quality of the probationary master;
-name of the team coordinator Educational (or its representative);
-dates of the probationary period (s);
-objectives of the internship and corresponding parts of the diploma repository (of the class) concerned;
-the main tasks assigned to the trainee;
- Place of the internship in the evaluation.
The obligations of the chief of business are, in particular:
-present to the trainee the risk assessment of his company and to comment in an educational manner with him the risks to which he is Likely to be exposed and the measures taken to address them;
-to direct and control the trainee in his/her activities through the appointment of a traineeship in charge of this follow-up;
-to make the trainee carry out the corresponding work Both his skills, the objectives of the traineeship and the educational progress of the trainee:
-if this work includes the use of equipment, indicate the type of equipment and its conditions of use (framing, port of equipment of Personal protection, training ...). The head of a company must use only devices that comply with the regulations;
-during this course of application, the student cannot in any case access the machines, apparatus or products whose use is prohibited for minors by R. 234-11 to R. 234-21 of the Labour Code;
-to allow the trainee to prepare his report by granting him the necessary time.
Visa of the teaching team coordinator (or his representative).
Article 11
Financial provisions
A financial annex will be Written and will specify the conditions:
-hosting;
-restore;
-transport;
-insurance;
-for educational institution,
-for the host company.
Article 12
A copy of this Agreement shall be delivered, upon signature by the Head of Business and the Head of Education, to the pupil and/or his/her legal representative, as well as to the traineeship master and the teacher The educational team or its representative.
Done at, the
(in triplicate)
The company manager,
The head of the educational institution
,
Internship master's visa (if it is
Visa du trainee (and/or his or her legal representative).
A N N E X E V
CONVENTION ON THE OCCUPATIONAL TRAINING PERIOD PREVIEWED UNDER ARTICLES R. 715-1 AND R. 715 -1-5 OF RURAL CODE
Between, on the one hand:
The host company (name, name and address),
represented by (name) as
And, on the other hand:
Educational and training institution
farm business (name, address), represented by Mr.
as head of establishment,
agreed as follows:
TITLE I
THE GENERAL PROVISIONS
Article 1
The purpose of this agreement is to implement, for the benefit of the student named (name,
first name, date of birth) of a period of professional training made compulsory by the official programme of the class Technological or vocational education in which it is registered.
This training period in a professional environment will be conducted at the
Only students who are at least 14 years of age can complete the training period. Educational sequence within the meaning of Article R. 813-42 of the Rural Code which is the subject of this Convention.
This period of vocational training or educational sequence within the meaning of Article R. 813-42 of the Rural Code is provided for in The framework of a vocational diploma, technology or conduct in the context of the education referred to in Article L. 813-9 of the Rural Code. It shall be organised in accordance with the conditions laid down in the texts defining the training taken. The employer shall ensure that the participation of the pupil in the activities does not prejudice the employment situation in the undertaking. The pupil is also subject to a duty of professional discretion.
This period of training is carried out under the supervision and supervision of the traineeship master designated for that purpose by the head of the host undertaking when the latter Is not himself a master of the internship. The activities to which the pupil participates are specified in Title II of this Convention (special educational provisions).
During this period of vocational training, the minor May be authorised, under the conditions laid down in Article R. 234-22 of the Labour Code, to use machines or products whose use is prohibited to minors by Articles R. 234-11 to R. 234-21 of the Code of the Work.
Article 2
The terms of care for the costs of this period and the terms of insurance are defined in Title II of this Convention (provisions Financial-specific).
Article 3
The trainee remains for the duration of his or her academic status and remains, as such, under the authority of the head of the institution The
of an educational institution shall ensure, by implementing the normal procedures, that the conditions of the traineeship are of such a nature as to preserve the health and the The head of the host undertaking must inform the relevant part of Title II (special provisions of order
.
a result of this academic status, the trainee is not entitled to any remuneration from the company. However, a gratuity may be paid. If the amount of this gratuity does not exceed 30 % of the SMIC, an advantage in kind included, no social contribution is due.
The student should not be taken into account for the appraisal of the company's workforce and cannot take part To any professional election.
It shall be subject to the general rules in force in the host undertaking, in particular in matters relating to safety, time and discipline, subject to the provisions of Article 4 of this Convention.
Article 4
As a reminder, students under 18 years of age may not be employed for work exceeding 8 hours per day, or 35 hours per week, including work of a nature School. For young people under 15, the weekly duration may not exceed 32 hours, including work of a school nature.
For each 24-hour period, a minimum daily rest period must be set at 14 consecutive hours. Students under the age of 16 and 12 consecutive hours for students aged 16 to 18.
Beyond 4 ½ hours of daily work, students must be given a break of at least 30 minutes
Weekly rest for two consecutive days, including Sunday. The daily schedules of minor pupils cannot provide for the presence of pupils at the stage before 6 a.m. and after 10 p.m. in the evening. For students under 16 years of age, work is prohibited between 20 hours and 6 hours.
Article 5
For periods of vocational training, the minor, fulfilling the conditions May be authorised, in accordance with the provisions of the Labour Code and in particular Article R. 234-22 of the Labour Code, by way of derogation from the labour inspector to use dangerous machinery or to carry out works which are Normally prohibited. However, he will only be able to do so under the permanent supervision of his supervisor. These include vehicles, machinery, operating apparatus or chemical, plant health or biological agents. The request for exemption must include a list of the machines or works normally prohibited for which the request is sought and, on the other hand, an authorisation granted by the professor or the shop assistant. This authorisation shall be granted by the technical teacher (s) concerned. Its purpose is to validate the educational usefulness of using a material, in coherence with the training repository and the maturity of the young person. The notice of medical fitness will have been given either by the supervising physician or by the occupational physician.
The claim for exemption is addressed by the head of business to the labour inspector.
Article 6
The Head of Company takes the necessary steps to ensure its civil liability each time it is committed:
-either by subscribing to a specific insurance guarantee Its civil liability in the event of fault attributable to the undertaking in respect of the trainee;
-or by adding to his contract already subscribed " Civil liability company " Or " Professional civil liability " An endorsement for the trainee.
The head of the educational institution shall contract an insurance covering the civil liability of the pupil for the damage he may cause during the period or on the occasion of his or her traineeship as well as outside Of the host company or organisation or on the journey to the place of traineeship or the home.
Article 7
In application of the provisions of Articles L. 751-1 and L. 761-14 of the Rural Code, the Trainees of agricultural education shall benefit from the legislation on accidents at work.
In the event of an accident involving the student trainee either during the course of the work or during the course of the journey, the person responsible for the undertaking undertakes to inform the Head of educational institution on the day of occurrence of the accident or at the latest within 24 hours.
The declaration of an accident at work shall be made by the Head of Education, by registered letter with application D' acknowledgement de receipt, à la caisse de mutualité sociale agricole (or the agricultural accident insurance fund for the Alsace-Moselle, or the general social security fund for the overseas departments), of which the establishment belongs, in the 48 Hours, not including Sundays and holidays, from the information provided by the company.
Article 8
The head of an educational institution may terminate the probationary period at any time. That the host company no longer satisfies:
-the conditions of hygiene, safety and morality essential to the smooth running of the traineeship;
-the conditions of supervision necessary for the implementation of the objectives specified in the Special educational provisions in Title II of this Agreement.
Article 9
The Head of Education and the Head of Business shall hold each other Informed of the difficulties, in particular those relating to the possible absences of the trainee, which may arise from the application of this Convention and shall take joint agreement, in liaison with the educational team, of the relevant provisions for To put an end to it.
In any event, the head of business may decide, after informing the head of the educational institution, to put an early end to the period of professional training in the event of a breach Serious disciplinary action on the part of the trainee.
Article 10
This Convention applies to traineeships as well as to the teaching sequences of the appropriate rhythm, including the Training specifically provides that they may take place in part out of school time within the time limit specified by the training. These periods are prior to graduation.
If the entrepreneur occupies the young person on his own initiative outside of the periods laid down in the traineeship agreement he has signed with the head of the educational institution, he does Lose the young person's status as a result of the acquisition of the quality of the employee and the obligation for the company to pay a salary and the resulting contributions.
In any event, for young people under 16 years of age, These non-academic periods (as a trainee or as an employee) may not exceed half of the school holidays concerned.
TITLE II
SPECIFIC PROVISIONS
Article 11
Educational provisions
A teaching appendix will be written. It is a document that must inform all of the topics listed below:
-name of the student concerned;
-date of birth (1);
-name and quality of the probationary master;
-name of the team coordinator Education (or its representative);
-dates of the professional training period (s);
-objectives of the professional training period (s) and corresponding parts of the diploma repository (of the Class) concerned;
-main tasks assigned to the trainee;
-place of the professional training period (s) in the assessment;
The obligations of the chief of business are, in particular:
-present to the Trainee the risk assessment of his company and comment on the risks to which he is likely to be exposed and the measures taken to address them;
-directing and controlling the trainee in his Activities through the appointment of a master of traineeship responsible for ensuring this follow-up;
-to make the trainee carry out work corresponding to both his skills, the objectives of the traineeship and the educational progress of the trainee:
-if these Work includes the use of equipment, indicate the type of equipment and its conditions of use (framing, wearing of personal protective equipment, training ...). The head of business shall only make use of equipment complying with the regulations;
-in the event of the execution of works or the use of equipment subject to the derogation provided for in Article R. 234-22 of the Labour Code, indicate whether the Exemption has been obtained and attach the copy of the document;
-allow the trainee to prepare his report by giving him the necessary time.
Visa of the teaching team coordinator (or his representative).
Article 12
Financial provisions
A financial annex Will be written and specify the conditions:
-hosting;
-restore;
-transport;
-insurance:
-for the educational institution,
-for the host enterprise.
Item 13
A copy of this Agreement shall be delivered, after signature by the Head of Business and Head of Education, to the pupil and/or his/her legal representative, as well as to the traineeship master and the teacher Education Team Coordinator or Representative.
Done at,
(in triplicate)
Company Head,
Head of Education Institution
,
Visa du Supervisor (if separate from the entrepreneur).
Visa du trainee (and/or his legal representative).
Done at Paris, May 7, 2007.
Dominique Bussereau
