Key Benefits:
Audiences concerned: students completing a vocational training period or an internship as part of their initial training curriculum, public or private education or training institutions of secondary education and higher education, public or private law institutions hosting trainees.
Subject: regulatory provisions of the Education Code on internships.
Entry into force: the text comes into force on the day after its publication, with the exception of 2° of the V of its article 1 relating to the amount of the gratification due to the trainee.
Notice: the decree amends certain provisions relating to internship periods to take into account the Act No. 2014-788 of 10 July 2014 for the development, supervision of internships and the improvement of the status of trainees. It includes:
- the modalities for the integration of training periods and vocational training courses in a school or university curriculum by setting, in particular, a minimum educational volume in educational institutions;
- the terms of the teaching supervision of trainees by the teacher-refer to the educational institution and the internship tutor in the host organization;
- mentions to be included in the internship agreements between the trainee, the educational institution and the host organization;
- information on trainees to be included in a specific part of the unique staff register mentioned in theArticle L. 1221-13 of the Labour Code ;
- the obligation for host organizations to issue an internship certificate to students;
- exceptions to the maximum duration of the internshipsArticle L. 124-5 of the Education Code.
Finally, the text unifies the regulatory framework applicable to all host organizations, whether public law or private law, even if there are certain provisions specific to public law host organizations.
References: the decree is taken for the application of theArticle 1 of Act No. 2014-788 of 10 July 2014 for the development, supervision of internships and the improvement of the status of trainees. La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La regulatory part of the education code Amended by this decree can be consulted, in its version, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of National Education, Higher Education and Research,
Vu le education codeincluding articles L. 124-1 to L. 124-20;
Vu le Rural Code and Maritime Fishingincluding books VII and VIII;
Vu le Social Security Codeincluding articles L. 241-3 and L. 412-8;
Vu le Labour codeincluding article L. 1221-13;
Vu le Decree No. 92-1189 of 6 November 1992 modified on the special status of professional high school teachers;
Considering the advice of the National Council for Higher Education and Agricultural, Agri-Food and Veterinary Research of 2 July 2014;
Considering the opinion of the National Council for Agricultural Education of 3 July 2014;
Considering the opinion of the Higher Education Council of 3 July 2014;
Considering the opinion of the National Council for Vocational Training throughout the life of 22 July 2014;
Considering the opinion of the National Council for Higher Education and Research of 22 July 2014;
Having regard to the advice of the Board of the National Health Insurance Fund of Employees dated 18 November 2014;
Having regard to the advice of the Board of Directors of the Central Agency of Social Security Agencies dated 18 November 2014;
Considering the advice of the Board of Directors of the National Old Age Insurance Fund of 19 November 2014;
Considering the advice of the Board of Directors of the National Family Allowance Fund dated 25 November 2014;
Having regard to the advice of the Board of Directors of the Central Fund for Agricultural Social Community dated 26 November 2014;
Having regard to the referral dated 13 November 2014 of the Board of Occupational Health Accidents of the National Health Insurance Fund of Employee Workers,
Decrete:
I.- Title II of Book I of the Education Code is supplemented by a chapter as follows:
“Chapter IV
“Professional training courses and periods
"Art. D. 124-1.-Professional training periods or courses are integrated into a training curriculum under the following conditions:
« 1° The purposes, terms and conditions of implementation and evaluation of occupational training periods are defined in accordance with the provisions of Article D. 331-15 of this Code andArticle R. 715-1-5 of the Rural and Maritime Fisheries Code.
« 2° The purpose and modalities for the implementation of the training courses are defined in the regulatory texts relating to the organization of training. Internships are the subject of a return from the intern giving rise to an assessment on the part of the establishment and the allocation of European credits, if any.
"Art. D. 124-2.-Professional training periods and courses defined in Article L. 124-1 are integrated into a training curriculum whose educational volume carried out in the presence of students is at least two hundred hours per year of instruction. Vocational training periods or internships do not enter the count of this educational volume.
"Art. D. 124-3.-In accordance with Article L. 124-2, the educational institution designates the teacher as a member of the teaching teams. It is responsible for the pedagogical follow-up of the vocational training period or the internship.
"Each referenced teacher is at the same time up to sixteen trainees.
"The board of directors of the educational institution or the equivalent instance determines the modalities for the regular follow-up of trainees by the reference teachers.
"Art. D. 124-4.-The internship agreement is signed by the educational institution, the host agency, the trainee or his legal representative, the referee and the internship tutor. It includes the following mandatory entries:
« 1° The full title of the trainee's curriculum or training and its hourly volume per academic year or semester, as applicable;
« 2° The name of the teacher refer to the educational institution and the name of the guardian in the host organization;
« 3° Competences to be acquired or developed during the training period in a professional setting or internship;
« 4° The activities entrusted to the trainee according to the training objectives and the skills to be acquired defined in the 3rd and validated by the host organization;
« 5° The dates of the start and end of the training period in the professional environment or the internship, as well as the total planned duration, calculated in accordance with the terms set out in Article D. 124-6;
« 6° The weekly period of effective attendance of the trainee in the host organization and its presence, if any, at night, Sunday or public holidays, pursuant to Article L. 124-14;
« 7° The conditions under which the teacher referred to the educational institution and the guardian in the host organization ensure the supervision and follow-up of the trainee;
« 8° The amount of the gratification paid to the trainee and the terms and conditions of his or her payment, if any;
« 9° The social protection scheme to which the trainee benefits, including protection in the event of a work accident, in accordance with a, b and f 2° of Article L. 412-8 of the Social Security Code or 1° and 8° of Article L. 751-1 of the Rural and Maritime Fisheries Code and at the 1st of Article L. 761-14 of the same Code and, where applicable, the obligation of the trainee to justify an insurance covering his civil liability;
« 10° The conditions under which the trainee is authorized to abstain, in particular in the context of obligations certified by the educational institution and leave and leave of absence referred to in Article L. 124-13;
« 11° The arrangements for the suspension and termination of the internship agreement;
« 12° Terms and conditions for the validation of the internship or training period in a professional environment in the event of an interruption, in accordance with Article L. 124-15;
« 13° The list of benefits offered by the host organization to the trainee, including access to the business restaurant or the restaurant titles provided for in theArticle L. 3262-1 of the Labour Code and the costs of transportation provided for in Article L. 3261-2 of the same code, if any, as well as the social and cultural activities referred to inArticle L. 2323-83 of the Labour Code ;
« 14° The terms of the rules of procedure of the host organization that are applicable to the trainee, if applicable;
« 15° The conditions for the issuance of the probation certificate under section D. 124-9.
"The internship agreement may be subject to amendments, particularly in the event of a postponement or suspension of the training period in the professional environment or the internship.
"Art. D. 124-5.- Public educational institutions and private educational institutions that provide training for students who perform vocational training periods or internships under Article L. 124-1 shall, in consultation with interested host organizations, prepare the internship agreement on the basis of a model convention defined by the interested ministers.
"Art. D. 124-6.-The duration of the (or) internship (s) or of the (or) period (s) of vocational training provided for in sections L. 124-5 and L. 124-6 is calculated based on the actual attendance time of the trainee in the host organization. Each period at least equal to seven consecutive or non-consequential hours is considered to be equivalent to one day and each period at least equal to twenty-two consecutive or non-consequential days is considered to be equivalent to one month.
"Art. D. 124-7.-Travels carried out by trainees hosted in a public law body between their domicile and the place where they complete their vocational or internship training period are covered under the conditions established by the Decree No. 2010-676 of 21 June 2010 providing partial support for the price of subscription securities corresponding to the travel by public officials between their usual residence and place of work.
"The trainee who is housed in a public law body and who conducts a mission in this context shall be entitled to take charge of his temporary travel expenses according to the regulations in force.
"For the purposes of the preceding paragraphs, the place of the vocational training period or the internship period specified in the internship agreement is considered to be the administrative residence of the trainee.
"Art. D. 124-8.-The probationary qualification set out in section L. 124-6 is payable to the trainee without prejudice to the reimbursement of the costs incurred by the trainee to perform the training period in the professional environment or the internship and the benefits offered, if any, for the restoration, accommodation and transportation.
"The duration of the internship shall be deducted according to the length of time the trainee is present in accordance with the terms and conditions set out in section D. 124-6.
"The gratification provided for in section L. 124-6 is due for each hour of attendance of the trainee in the host organization, beginning on the first day of the first month of the professional training period or the internship. It is paid monthly.
"Gratification due by an administration, public institution or any public law body may not be accumulated with remuneration paid by the same host organization during the period concerned. The amount of this gratification shall not exceed the rate defined in Article L. 124-6.
"A host organization may provide for a gratification when the duration of the vocational training period or internship is less than the duration defined in section L. 124-6.
"Art. D. 124-9.-A training certificate is issued by the host agency to any student. This certificate mentions the total effective duration of the internship and the total amount of the gratification paid to the trainee, if applicable. »
II.-Article D. 331-15 of the Education Code is amended as follows:
1° After the second preambular paragraph, a sub-item reads as follows:
"Professional training periods fall under the provisions of articles D. 124-1 to D. 124-9. » ;
2° In the third paragraph, the words "in R. 234-22" are replaced by the words "in R. 4153-38 to R. 4153-48" and the words "R. 234-11 to R. 234-21" are replaced by the words "D. 4153-15 to D. 4153-37".
III.-The Labour Code is amended as follows:
1° After article D. 1221-23, an article D. 1221-23-1 is inserted as follows:
"Art. D. 1221-23-1.-For each trainee referred to in the third paragraph of Article L. 1221-13, the following additional guidance is provided on the unique staff register or for organizations that do not have a single staff register in any other document to follow the internship agreements:
« 1° The name and name of the trainee;
« 2° Start and end dates of the training period in the professional environment or the internship;
« 3° The names and names of the guardian and the place of presence of the interns. » ;
2° In article D. 1221-25, after the words: "to hire", insert the words: "of the employee, or at the arrival of the trainee".
IV.-Subsection 2 of chapter III, section 2, title I, of Book VIII of the Rural and Maritime Fisheries Regulatory Part is supplemented by a paragraph 3, as follows:
“Paragraph 3
“Professional training courses and periods
"Art. D. 813-55-1.-Professional training periods, conducted as part of the secondary education courses referred to in Book VIII and which are provided by the educational institutions referred to in Article L. 813-9, give rise to gratification when their duration is greater than three months, consecutive or not, during the same year of instruction. »
V.-The first paragraph of Article D. 242-2-1 of the Social Security Code is amended as follows:
1° The rate: "12.5%" is replaced by the rate: "13.75%";
2° Effective September 1, 2015, the rate: "13.75 %" is replaced by the rate: "15%".
Section IV of Chapter II of Title I of Book VI of the Education Code is repealed.
During the two-year period following the publication date Act No. 2014-788 of 10 July 2014 for the development, supervision and improvement of the status of trainees, the trainings listed below may deviate from the duration of the internship defined atArticle L. 124-5 of the Education Code :
1° The courses preparing the following diplomas:
- State degree of social service assistant;
- State degree to advise in family social economy;
- State diploma for young children;
- State diploma of specialized educator;
- State diploma of specialized technical educator;
2° The courses preparing for a degree conferring the master's degree and which allow, as part of a voluntary and optional interruption of the curriculum, the exercise of professional activities intended exclusively to acquire skills in coherence with the trainings, for a period of more than six months. In this case, in addition to the internship agreement, the educational institution and the student enter into an educational contract.
The provisions of this Decree shall apply to the conventions concluded from the date of its entry into force.
However, for internship agreements signed prior to September 1, 2015, the hourly amount of the enrollment due to the intern is fixed, in the absence of a branch agreement or extended professional agreement setting a higher rate, to 13.75 per cent of the hourly ceiling of social security under theArticle L. 241-3 of the Social Security Code.
The Minister of National Education, Higher Education and Research, the Minister of Finance and Public Accounts, the Minister of Social Affairs, Health and Women's Rights, the Minister of Labour, Employment, Vocational Training and Social Dialogue, the Minister of Agriculture, Agri-Food and Forestry, spokesperson of the Government, and the Secretary of State in charge of Higher Education,
Done on November 27, 2014.
Manuel Valls
By the Prime Minister:
Minister of National Education, Higher Education and Research,
Najat Vallaud-Belkacem
Minister of Finance and Public Accounts,
Michel Sapin
Minister of Social Affairs, Health and Women ' s Rights,
Marisol Touraine
The Minister of Labour, Employment, Vocational Training and Social Dialogue,
François Rebsamen
Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,
Stéphane Le Foll
State Secretary for Higher Education and Research,
Geneviève Fioraso
