Reference year 2023
Version 2023 - Drafted by Romain Pigaeud, Expert in Law and Training policies at Center-Inffo - Member of Cedefop Community of apprenticeship experts for France
1Scheme history
The scheme operating under the apprenticeship contract ('contrat d’apprentissage') has a long history as it was introduced in 1919.
The scheme was originally developed in line with traditional craftsmanship (master-apprentice relation) to prepare apprentices for craft occupations.
The scheme has progressively expanded over the years to be now present in most fields and occupational sectors, ranging from agriculture to industry and services.
Initially centred on the VET sector, the 'contrat d’apprentissage' can be now accessed also through a range of higher education programmes too (ranging from short professional-oriented cycles to longer academic-oriented ones such as Master programmes in engineering or business fields for instance).
In fact, the growth in apprenticeship contracts is being pushed forward mainly by apprentices in higher education.
For contracts started in 2022, 63% are for training at BAC+2 level or higher.
Source: Dares, https://dares.travail-emploi.gouv.fr/donnees/le-contrat-dapprentissage
2Beneficiaries
It is possible to sign an apprenticeship contract when a person is at least 16 years old and maximum 29 years old.
Young people aged at least 15 may start an apprenticeship contract if they have completed lower secondary education.
Certain individuals can sign an apprenticeship contract after the age of 29: disabled people, company founders, apprentices aiming for an additional qualification, etc.
Source: Art. L6222-1 of the Labour Code: https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000037385936/
Apprentices aged 20 or over are the majority, accounting for 57% of contracts started in 20212021.
Minors accounted for only 19% of new apprenticeship contracts in the private sector in 2021.
Source : dares L’apprentissage en 2021 (1er septembre 2022)
https://dares.travail-emploi.gouv.fr/sites/default/files/2f77703b6fd27f…
At the end of October 2023, there were 1,017,500 apprentices, an increase of 6.2% compared with the end of October 2022.
At the end of October 2023, 780,200 apprenticeship contracts had started since the beginning of the year.
Source : dares : https://poem.travail-emploi.gouv.fr/synthese/contrats-d-apprentissage
For comparison, 495,000 contracts were signed in 2020 and 353,000 in 2019.
3Qualifications
The 'contrat d’apprentissage' leads to qualifications formally recognised by France Competences (in the Répertoire national des certifications professionnelles (RNCP), which is the French NQF.
Qualifications extend at all educational levels, from secondary to higher education, corresponding to EQF levels 4 to level 8.
Further information available at: https://www.cedefop.europa.eu/en/publications-and-resources/publication…
Among the qualifications that are accessible via the scheme three main categories can be outlined:
• VET secondary qualifications (CAP, CAPA, BEP, Bac Pro, BP, BTM)
• Higher education qualifications (Brevet de Maîtrise (BM), Brevet de Technicien Supérieur (BTS), Diplôme (DUT, Bachelor’s and Master’s degrees)
• Professional certifications (titre professionnel inscrit au RNCP) recognised by the State in given occupational sectors such as hotel and catering, tourism, building, trade, etc.
Overall, the qualifications obtained through this scheme are very diverse in scope as well as in regard to the profile of the learners they attract.
Further information available at: https://www.francecompetences.fr/app/uploads/2020/09/Notice_aide-au-d%C…
And https://www.francecompetences.fr
Cedefop's VET in Europe Database offers additional information on the place of the apprenticeship scheme in the national VET system: https://www.cedefop.europa.eu/en/tools/vet-in-europe/systems/france-u2
The apprenticeship contract is offered in programmes that lead to qualifications that are included in ISCED 2011 mapping.
Depending on the ISCED level of the corresponding VET programme, apprenticeships may be offered to ISCED 353/354 (upper secondary VET programmes), 554 (short higher programmes leading to BTS (Brevet de technicien supérieur) qualifications), or Bachelor and Master programmes at levels 645, 655, 747, 756, 757 etc.
Source: Spotlight of VET in France: https://www.cedefop.europa.eu/files/8141_en.pdf
Whatever the pathway, the same certification may be obtained – and always have the same value – through apprenticeship, professionalisation contract, validation of prior learning (VAE) etc.
France compétences, 10 février 2021, Note relative aux principaux effets juridiques d’un enregistrement aux répertoires nationaux : https://www.francecompetences.fr/app/uploads/2021/02/NOTE_ANALYSE_effet…
The 'contrat d’apprentissage' leads to qualifications formally registered by France Compétences in the national repertory of professional qualifications (Répertoire national des certifications professionnelles (RNCP).
Such qualifications do not indicate the pathway.
Access to higher education is possible if the corresponding VET programme leads to higher education (e.g. from EQF 4 upper secondary VET programmes or from higher technical programmes (BTS) at EQF 5 to Bachelor programmes at EQF6).
Moreover, 37.31 of the contracts in place at the end of October 2023 were in higher education programmes
Source : base poem 28 DÉCEMBER 2023
https://poem.travail-emploi.gouv.fr/synthese/contrats-d-apprentissage
It varies between six months and three years.
It is always the certificate awarding body (certifier) that decides the minimum duration. France Compétences oversees these certifications.
Source at the end : Article L6222-7-1 of french labour code // https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000038951821
4Governance
The 2018 Law on ‘the freedom to choose one's professional future’ established an new body, France compétences, which is responsible for regulating apprenticeships.
It ensures financial equalisation, contributes to the monitoring and evaluation of the quality of training activities, and observes the costs and levels of funding for training. It draws up and updates the national directory of professional qualifications (repertoire national des certifications professionnelles, RNCP).
Its strategic orientations are determined by a quadripartite governance made up of the State, the regions, representative trade unions and employers' organisations at national and cross-industry level, and experts.
To include a new certification or to revise an existing regulation in the RNCP, an advice of the representatives of the labour market (employers, unions and professional branches) is needed.
France compétences, whose managing board includes representatives of the social partners, regulates the national register of qualifications RNCP, ensuring that they meet the needs of the economy and is responsible for registering them (Article L6113-5 of the French Labour Code).
https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000038951917/20…
The professional branches are responsible for setting the level of financial coverage of training for each branch, for each certification and the training needs for the sectors they represent.
Social partners manage 11 bodies called ‘skills operators’ (OPCOs - Opérateurs de compétences) organised by professional sector. They are responsible for financing apprenticeships, helping branches to develop professional qualifications and assisting SMEs to define their training needs. They finance apprenticeships in accordance with the levels of funding set by the professional sectors. They also support the sectors in their certification role.
The social partners are present in the National Joint Employment Commissions, which are also competent for the final certification.
Social partners are in the managing board of France Compétences, which monitors and assesses the apprenticeship system, by monitoring the RNCP, by monitoring and alerting on the financial sustainability of the system, and by acting as a single distributor of funds from the legal contributions.
France Compétences monitors and assesses the apprenticeship system by monitoring the RNCP, by monitoring and alerting on the financial sustainability of the system; and by acting as a single distributor of funds from the legal contributions.
The Ministry of Labour, Employment and Integration prepares and implements government policy in the areas of work, employment and professional integration, including apprenticeships. It prepares and implements rules relating to working conditions, collective bargaining and employees' rights. It is responsible for vocational training for young people and adults, and for defending and promoting employment.
The State approves Skills Operators, subject to the existence of an agreement concluded between the employees/trade unions and the representative professional organisations/employers.
The regions contribute to the development of apprenticeships in a balanced way across its territory, including funding for apprentice training centres.
5Training at the workplace
Apprenticeship involve:
1) Training in one or more companies, based on the exercise of one or more professional activities directly related to the qualification which is the purpose of the contract.
2) Training given during working hours in an apprentice training centre (CFA) (Article L6211-2 of the French Labour Code).
The employer undertakes the responsibility to provide the apprentice with vocational training, partly in the company and partly in an apprentice training centre.
However, this does not prevent the employer from setting its own obligations: L6223-4 of the French Labour Code: "The employer undertakes to ensure that the apprentice follows the training provided by the centre and to take part in the activities designed to coordinate this training with the in-company training. The employer must ensure that the apprentice registers for and takes part in the examinations leading to the vocational qualification that is the aim of the contract.
The form of alternation varies according to the certification chosen. For example, 2 days at the CFA and 3 in the company, or 15 days at the CFA and 15 days in the company.
The distribution of training hours is not defined in the same way for different certifications.
The distribution of training hours or days between the employer and the training centre is the responsibility of each CFA. The CFA has complete freedom in the construction of the training pathway. It must comply with the minimum volume of teaching hours defined by the certifier.
Alternation of training can be based on the timetables laid down for school students, but these are not designed for and applicable to apprentices, so the apprentice training centre will need to adapt them to the specific work-study method used in apprenticeships.
Source : VADEMECUM Mission de controle pédagogique des formations par apprentissage, ministère de l’éducation nationale, octobre 2023
https://eduscol.education.fr/document/39572/download?attachment
The apprenticeship training programme is implemented in accordance with pre-defined ‘certification frameworks’. Such frameworks of professional activities and skills are included in the final qualification and describe the work situations and activities carried out, the trades or jobs targeted, the skills and knowledge, including cross-cutting skills, which should be learnt.
An ‘assessment reference framework’ is also associated to the qualifications, which defines the criteria and procedures for assessing what has to be acquired. Article L6113-1 code of labour
In practice, apprenticeships envisage training and professional activities directly related to the final qualification (and related certification), registered in the national register of professional qualifications, that is the object of the apprenticeship contract (Article L6211-2 of the French Labour Code): https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000037386056
The legislation sets that the training plan is agreed at the level of the training center and the company. In agreement with the company, the training center (CFA) must agree in advance with the apprentice and the company the training objectives in the short, medium and long term.
The purpose of the apprentice contract is a qualification-certification set at national level. Hence, the individual training plans have to reflect the content of the relevant qualification-certification. The training center must guarantee that the training programme covers all professional skills.
The training programme must be in accordance with the expectations defined by the certifier of this qualification-certification.
A CFA is entitled to propose an adapted, specific training programme, but in compliance with the requirements of the certifier, for example in terms of training hours.
Any enterprise (private or public) can hire an apprentice if the employer commits to effectively organising and supporting the apprenticeship. The employer undertakes the responsibility to provide the apprentice with vocational training, partly in the company and partly in an apprentice training centre.
For this purpose, the employer must notably ensure adequate conditions (appropriate infrastructure, equipment and techniques used, working conditions, sanitation and security, etc.) to allow the apprenticeship to be carried out in a satisfactory manner.
Article L6221-1 of the Labour Code
The employer gives the apprentices tasks or occupations enabling them to carry out operations or work in accordance with an annual progression defined by agreement between the CFA and company representatives.
Art. L6223-3 of the Labour Code
Recruiting an apprentice requires the employer to choose a volunteer apprentice master among skilled workforce to accompany him/her during his/her training at the company (see Q24).
Recruiting an apprentice requires the employer to choose a volunteer apprentice master among skilled workforce to accompany him/her during his/her training at the company.
The conditions of professional competence required of an apprenticeship master are determined by collective sector agreement.
In the absence of such an agreement, the conditions of professional competence required of an apprenticeship master are determined by regulation (Article L6223-8-1 code of labour):
1. Persons who hold a diploma or title in the professional field corresponding to the purpose of the diploma or title being prepared by the apprentice and of at least an equivalent level, and who can prove that they have been working for one year in a professional activity related to the qualification being prepared by the apprentice;
2. Persons who can prove that they have been working for two years in a professional activity related to the qualification prepared by the apprentice.
Article R6223-22 code of labour
The employer guarantees that the company's equipment, the techniques used, the working, health and safety conditions, the professional and pedagogical skills and the morality of the persons responsible for the training are such as to allow satisfactory training.
Article L6223-1 of the Labour Code
The apprenticeship supervisor's role is to help the apprentice acquire the skills needed to obtain the professional qualification or diploma being prepared, in conjunction with the apprentice training centre. The apprenticeship master is the apprentice's fundamental link with the employer throughout the contract and with the apprentice training centre.
There is no recent report on apprenticeship masters. This one is fairly comprehensive but quite old: https://shs.hal.science/halshs-00867025/document
Sanctions exist in case employers do not fulfil their commitment to train the apprentice.
For instance, in the event the employer or the working conditions/environment offered are considered to endanger the apprentice (e.g. representing a risk for his or her health, physical or moral integrity) a monitoring visit can be carried out by a work Inspector.
If this results in a negative evaluation, sanctions can take the form of a suspension or termination of the apprenticeship contract.
If this leads to a termination of the contract, the CFA has the responsibility to look for another employer where the apprentice can effectively pursue the apprenticeship.
6Contract and compensation
During an apprenticeship contract, the learner has the status of an apprentice, i.e. is both an employee of a company and a student at the CFA.
Sources:
Article R6222-4 of the French labour code: https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000041771265
Article D6222-26 of the French labour code: https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000038033238
The contractual arrangement is one of the core principles of the scheme.
Apprenticeships are the object of individual labour contracts signed between an apprentice and an employer. Through this, employers commit themselves to remunerate the apprentices and deliver effective training and tutoring to them during the duration of the contract.
Apprentices commit themselves to effectively work for the signatory employer for the full duration of the contract.
The endorsement (signature) given by the training centre does not make it a party to the contract, in the legal sense of the term. Its sole purpose is to certify that the apprentice is enrolled in a training course as part of the preparation for obtaining a specific vocational qualification or diploma. Source: précis de l’apprentissage page 7: https://travail-emploi.gouv.fr/IMG/pdf/precis-apprentissage.pdf
Sources:
Article R6222-2 of the French labour code: https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000041771275
Article L6222-4 of the French labour code: https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000006904000&nb…;
The apprenticeship contract is a contract of employment of a particular type concluded between an apprentice and an employer (Article L6221-1 Of the Labour Code - https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000006903996 ) which contains mandatory clauses and references (Article L6222-4 Of the Labour Code: https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000006904000&nb…; )
It is an atypical employment contract. It must be in writing and signed by both parties: the company and the apprentice. It must contain at least the minimum information required to be valid.
The contract is drawn up using a standard model: articles R. 6222-2 of the French labour code - https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000041771275
The contract is to be registered by the employer to its Skills operator (Article D6224-1of the Labour Code).
The Skills operator decides on the financing of the contract. To this end, it ensures that the contract meets certain conditions. Article D6224-1 of the French labour code https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000039789635
The salary paid to apprentices is determined by their age and the level of progression into the apprenticeship, i.e. there is a yearly increase until the end of the apprenticeship contract.
Article R6222-4 of the Frence labour code: https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000041771265
Article D6222-26 of the French labour code: https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000038033238
Cedefop's Database on financing apprenticeships in the EU offers additional information on how the scheme is financed: https://www.cedefop.europa.eu/en/tools/financing-apprenticeships/appren…
The salary paid to apprentices is determined by their age and the level of progression into the apprenticeship (Article L6222-27of the Labour Code: https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000037385939 ).
It is calculated based on a pre-determined percentage of the minimum salary (salaire minimum conventionnel de l’emploi occupé (SMIC[1])) as follows:
- 16-17 year-old apprentices: 1st year of the contract, wage set at 27% of the minimum salary (SMIC), 2nd year of the contract wage set at 39% of SMIC, 3rd year of the contract wage set at 55% of SMIC
- 18-20 year-old apprentices: 1st year of the contract, wage set at 43% of the minimum salary (SMIC), 2nd year of the contract wage set at 51% of SMIC, 3rd year of the contract wage set at 67% of SMIC
- 21-25 year-old apprentices: 1st year of the contract, wage set at 53% of the minimum salary (SMIC), 2nd year of the contract wage set at 61% of SMIC, 3rd year of the contract wage set at 78% of SMIC
- 26 year-old apprentices or more: 100% of the minimum salary (SMIC) in each year of the apprenticeship contract
Organisations covered by a branch agreement or by professional agreements negotiate about salaries. These negotiations may lead to an increase in apprentices' salaries. Article L2241-1 of the Labour Code https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006072050/LE…
[1] In 2021 SMIC corresponded to € 11.65 per hour. Further details available at: https://www.service-public.fr/particuliers/vosdroits/F2300
7Financing and incentives
The employer pays a salary (Article L6221-1 of the Labour Code)
The State provides subsidies and exemptions from social security contributions (see Q34)
Funding for apprenticeship comes mainly from:
• Companies: in addition to the apprentice salary, they contribute by paying a lifelong learning tax;
• The Skills operators (OPCO) pay for apprentice training, according to the level of coverage determined by the professional branches and regulated by France compétences;
• The State e.g. partial or full coverage of apprentices’ social security fees, financial incentives.
• The Regions, which provide funding for the training providers CFAs.
There are various government subsidies to support the take up of apprenticeship contracts. The main one is the one-off subsidy for employers of apprentices, which is intended for companies with fewer than 250 employees for the conclusion of an apprenticeship contract for a diploma or professional qualification equivalent to a level no higher than the baccalaureate.
From 1 January 2023, the government provides financial incentives of up to €6,000 for the first year of an apprenticeship contract.
In addition to this subsidy, apprenticeship contracts are fully or partially exempted from social security charges, and specific subsidies are granted for the recruitment of apprentices with disabilities.
Exemption from social security contributions for apprenticeship contracts is financed by the State with an annual budget of 1 696,85 M€
Décret n° 2021-224 du 26 February 2021: https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000043189527
Article L6243-1 of the French labour code: https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000037386341
Source : Annexe Formation professionnelle au PLF 2024 (https://www.budget.gouv.fr/documentation/documents-budgetaires/exercice… )
Cedefop's Database on financing apprenticeships in the EU offers additional information on how the scheme is financed: https://www.cedefop.europa.eu/en/tools/financing-apprenticeships/appren…
The time spent by the apprentice both in the company and at the training centres is included in the work hours
(Article L6222-24 of the Labour Code: https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000006904020#:~… ).
Salaries paid to apprentices are exempt from income tax up to the annual amount of the minimum growth wage.
Article 81 of tax code - https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000047770107
Apprentices receive financial assistance for driving licences and grants for transportation.
Décret n° 2019-1 of 3 January 2019 // https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000037941683#:~:text=Le%…
Regions can also provide additional support to apprentices.