Key Benefits:
Publics concerned: employees, companies, employers, registered parity organizations for the collection and management of corporate payments for continuing vocational training (OPCA), parity fund for securing professional courses (FPSPP).
Subject: modalities for the supply, mobilization and financing of the personal training account.
Commencement: This Order comes into force on January 1, 2015.
Notice: This decree specifies, first of all, the terms and conditions of the personal training account (CPF), by distinguishing the regime applicable to employees, especially depending on the duration of the work.
It determines, in the second place, the modalities for the mobilization of the CPF by the employee and the time limits for the employer's response, when the training is completed in whole or in part during the working period.
Thirdly, it sets out the conditions and modalities for the costs of training under the CPF as well as the remuneration of employees in training during working hours.
References: Article 5 of Act No. 2013-504 of 14 June 2013 on job security; Articles 1 to 5 of Act No. 2014-288 of 5 March 2014 on vocational training, employment and social democracy. The Labour Code as amended by this Decree can be consulted, in its drafting, on the Légifrance website (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Labour, Employment, Vocational Training and Social Dialogue,
Considering the monetary and financial code, including its article L. 518-3;
Considering the Labour Code, including articles L. 6323-1, L. 6323-13 and L. 6323-20;
Having regard to Act No. 2014-288 of 5 March 2014, in particular its article 1;
Considering the opinion of the National Council for Vocational Training throughout the life of 11 July 2014;
In the light of the opinion of the Supervisory Board of the Caisse des dépôts et consignations dated 23 July 2014;
The State Council (Social Section) heard,
Decrete:
Chapter III of Book III II of Part VI of the Labour Code is replaced by the following:
“Chapter III
“The personal training account
“Section 1
“Food of account
"Art. R. 6323-1.-I.-For employees whose full-time work time is fixed pursuant to a company or branch agreement, the number of reference work hours for the calculation of the supply of the personal training account is equal to the conventional working time.
"II.-For employees whose full-time work time is not fixed under a company or branch agreement, the number of hours of reference work for the calculation of the supply of the personal training account is equal to 1,607 hours.
"III.-When the employee has carried out a working period less than the working period referred to in I or 1,607 hours over the whole year, the account feed shall be calculated on a pro rata basis between the number of hours worked and the conventional duration referred to in I or 1,607 hours. When the calculation results in a number of hours of training with a decimal, this figure is rounded to the entire number immediately higher.
"IV.-For employees whose working hours are determined by a plan agreement in days, the number of hours of reference work for the calculation of the supply of the personal training account is set at 1,607 hours.
"V.-For employees whose remuneration is not established according to a work schedule, the reference amount for the calculation of the feed of the personal training account is set at 2,080 times the amount of the minimum hourly growth wage.
"The payment of the employee's account is calculated on a pro rata basis between the actual earnings and the reference amount referred to in the preceding paragraph. When the calculation results in a number of hours of training with a decimal, this figure is rounded to the entire number immediately higher.
"VI.-In order to ensure the supply of the personal training accounts of employees referred to in I and III, the companies concerned shall inform the authorised parity-gathering organization of which they report, by 1 March of each year, of the full-time working period applicable to those employees.
"Art. R. 6323-2.-I.-When, pursuant to the provisions of the second paragraph of Article L. 6323-11, more favourable provisions have been provided by an agreement of company, group or branch for the supply of the personal employee training account that did not carry out a full-time work over the entire year, the company shall, for each employee concerned, make an annual calculation of the amount of the employee's work.
"II.-The amount due by the company for the specific financing provided for in the second paragraph of Article L. 6323-11 is the number of hours mentioned in I, multiplied by a lump sum determined by the business, group or branch agreement, without the lump sum being less than 13 euros.
"III.-When a business agreement was concluded on the basis of section L. 6331-10, the amount referred to in section II is in addition to the amounts to be spent by the employer on the financing of the personal training account.
"IV.-In the absence of an agreement on the basis of section L. 6331-10, the amount referred to in section II shall be paid by the employer to the registered parity collector organization of which the employer reports and is managed by that body in the section on the financing of the personal training account referred to in section 3 of section L. 6332-3.
"V.-In order to ensure the monitoring of the Personal Training Accounts by the Caisse des dépôts et consignations, the companies concerned shall, by 1 March of each year, address the registered collector's parity organization, which they report to the list of the most favourable provisions mentioned in I and the number of additional training hours assigned.
"Art. R. 6323-3.-I.-For the purposes of the provisions of the first paragraph of Article L. 6323-13 and in order to ensure the follow-up of the personal training accounts by the Caisse des dépôts et consignations, the companies concerned shall, each year, submit to the registered collector's unit, the list of employees who are beneficiaries of the abondment referred to in the last paragraph of Article L. 6315
"II.-The amount to be paid by the company to the registered parity collector referred to in I is the number of hours added multiplied by a lump sum of 30 euros.
"III.-The declaration referred to in I and the payment of the amount referred to in II shall be sent by the company to the registered parity collector before March 1 of each year.
“Section 2
“ Mobilization of account
"Art. R. 6323-4.-I.-The employee who wishes to receive training in whole or in part during the working time under the personal training account requires the employer's prior agreement on the content and timing of the training at least sixty days prior to the commencement of the training in case of a period of less than six months and at least one hundred and twenty days in the other cases.
"II.-If the employee wishes to receive training in whole or in part during the working time, funded under the hours credited to the personal training account under Article L. 6323-13, a training referred to in Article I and III of Article L. 6323-6, and in cases provided for by a branch, company or group agreement, the request for a preliminary agreement of the employer referred to in Schedule I shall be granted.
"III.-Upon receipt of the application, the employer has thirty calendar days to notify the employee's response. The absence of an employer's response within this time limit is acceptable to the application.
“Section 3
“Support for training costs under the Personal Training Account
"Art. R. 6323-5.-I.-Pedagogical fees and associated costs, consisting of transportation, meals, and accommodations caused by the training followed by the employee who mobilizes his personal training account, during his or her working or off-duty work time, are borne by the registered parity collector organization or by the employer when the employee has entered into an agreement on the basis of Article 63 The child or dependent parent costs incurred by the training of the employee who mobilizes his or her personal training account in whole or in part out of work time may be borne by the registered collector's unit or by the employer when the employee has entered into a business agreement on the basis of Article L. 6331-10, as part of the funds allocated to the personal training account.
"II.-The provision of these costs by the registered parity-gathering organization to collect the contribution referred to in sections L. 6331-2 and L. 6331-9 is made in relation to the actual cost of the training. However, this support may be subject to a ceiling determined by the Board of Directors of the organization. Pursuant to section L. 6316-1, the registered collector's unit ensures the capacity of the training provider it funds in this framework to provide quality training.
"III.-Where the employer has entered into a business agreement on the basis of section L. 6331-10, the costs are borne out in the light of the actual cost of the training. However, this support may be the subject of a ceiling determined by this agreement.
"IV.-The care by an approved parity-gathering organization of the remuneration of employees in training during the working time under the personal training account, within the limit, for each employee concerned, of 50% of the total amount taken over by that organization for the financing of the training of hours on the account, is subject to the existence of an express agreement of the board of directors of that organization.
"V.-Incorporation by an employer of the remuneration provided by the employer to employees in training during the working time for the financing of the personal training account, within 50% of the funds allocated by the company to the financing of the hours on the personal training account, is subject to the express mention of this possibility in the business agreement concluded under Article L. 6331-10.
"VI.-A follow-up to the implementation of the provisions of this Article is carried out by the National Council for Employment, Training and Vocational Guidance. It is included in the report under section L. 6323-9.
"Art. R. 6323-6.-The funding by the parity fund to secure the career paths referred to in II of Article L. 6323-20 of the pedagogical costs associated with the individual training leave and the management of the training actions for the benefit of job seekers under the conditions specified in Article L. 6323-23 shall take into account the financing modalities applied, on the one hand, by the organizations mentioned in Articles L. 6333-2
"This funding is determined in the manner defined in the ninth and tenth paragraphs of Article L. 6332-21. In this context, it can be subject to a cap of its level of care.
“Section 4
“ Mobilization of individual right to training in the personal training account
"Art. R. 6323-7.-In order to allow the use of the individual right to training, employers must inform in writing, by 31 January 2015, each employee of the total number of hours acquired and unused under the individual right to training as of 31 December 2014.
"When a person receives training as part of his/her personal training account, the hours acquired and unused under the individual right to training are mobilised in the first place and, where applicable, are supplemented by the hours on the personal training account of the individual within a maximum of 150 hours. These training hours are covered by the funding allocated to the personal training account and may be extended under the conditions provided for in Article L. 6323-5. »
Section R. 6331-16 is replaced by the following provisions:
"Art. R. 6331-16.-The expenses incurred by the employer, referred to in the second paragraph of section R. 6331-13, shall be taken into account in the manner defined in I, III and V of section R. 6323-5. »
The 3rd and 4th of Article D. 1234-6 of the Labour Code are repealed.
This Order comes into force as of January 1, 2015.
The Minister of Labour, Employment, Vocational Training and Social Dialogue is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 2 October 2014.
Manuel Valls
By the Prime Minister:
The Minister of Labour, Employment, Vocational Training and Social Dialogue,
François Rebsamen
