Understanding and managing a breach of apprenticeship contract

Like any other contract, an apprenticeship contract can be terminated. But the framework governing such termination is strict. An apprenticeship contract is a rather special type of contract, setting out the agreements between a company and an apprentice. The apprentice can alternate between periods of apprenticeship in the workplace and periods of study at a business school or other institution. Let's take a look at the advantages of the apprenticeship contract and the conditions that must be met before it can be terminated.

Definition and characteristics of the apprenticeship contract

An apprenticeship contract is signed between an apprentice and the company that wishes to employ them. It enables a student to alternate between theoretical and practical education. This involves a period of courses at a training centre, followed by a period during which the apprentice works in the same way as an employee in a company.

There are many advantages to a work and study course. This type of contract allows you to put your theoretical knowledge into practice by working in a company. Apprenticeships are also a springboard for easy entry into the world of work, as they offer professional experience that is often more comprehensive than a work placement.

The apprenticeship contract is designed to :

• protect the apprentice, a worker aged between 16 and 29 ;
• agree the dates on which the contract is to run;
• reiterate the conditions for dismissal laid down in the collective agreement or employment law; specify the terms of the contract (work ans study wage, remuneration, holiday, conditions for suspending an assignment, etc.);
• set out the obligations of both parties towards each other etc.

These types of contract can be signed for an indefinite period (CDI) or for a fixed period of between six months and three years (CDD).

What are the most common reasons for breaking an apprenticeship contract?

Sometimes, however, either the employer or the apprentice wishes to terminate the apprenticeship contract.

The apprenticeship contract may be terminated by either the student or the employer:

• in the event of misdirection
• if the supervision provided is limited or inadequate;
• if the apprentice has difficulty integrating into the company, or is experiencing difficulties or problems with relationships or personal life;
• if the company does not fulfil its obligations and loses contact with the training establishment, or if, more generally, there is a mismatch between training and assignments;
•    if there is a lack of recognition, either on the part of the apprentice towards his apprentice master or on the part of the apprentice master towards the apprentice etc.

How can an apprenticeship contract be terminated?

The law distinguishes between two periods for terminating an apprenticeship contract. There is a cut-off date for the first 45 days.

These first 45 days of the apprenticeship contract represent a trial period. During this initial period, the apprenticeship contract may be terminated by either the employer or the apprentice by simple letter, without notice or any other form of justification.

After this 45-day period, the apprenticeship contract may still be terminated, but the procedures for doing so are more onerous.

If the apprentice wishes to terminate the contract, he may do so on the following grounds:

• resignation from the apprenticeship contract (to do this, they must contact a consular mediator, who will intervene within 15 days, and notify the employer within 5 calendar days) ;
• fault on the part of the employer for not honouring its commitments ;
• obtaining the diploma early, before the end date initially set out in the contract.

If the employer is responsible for terminating the contract, it must justify this by :

• serious or gross misconduct on the part of the apprentice;
• major force, the death of the employer or the apprenticeship supervisor;
• unsuitability declared by the occupational physician;
• exclusion of the apprentice by his school or training centre.

The contract can also be terminated by mutual agreement between the apprentice and the employer. This is referred to as termination of the apprenticeship contract, or sometimes, as a misnomer, as an "agreed termination". Both parties must then produce a signed and dated written document to formalise this amicable agreement.

What are the consequences of breaking an apprenticeship contract?

Breach of an apprenticeship contract can affect a student's morale and motivation.

Depending on the reason for breaking the apprenticeship contract, the apprentice may be entitled to compensation or damages.

It should be noted that the company receives financial assistance from the State or the region when it pays for the training of an apprentice. If the apprenticeship contract is terminated because the employer is at fault, the employer is obliged to repay the lump-sum compensation received from the region, as well as the exemption from social security contributions and the tax credit from the State.

The "Professional Future" Law has also protected apprentices since 1ᵉʳ January 2019. The latter can complete their theoretical training course for six months thanks to a CFA (apprentice training centre).

The CFA will also have to help the student find a new employer to complete their practical training. From an academic point of view, apprentices are obliged to find another apprenticeship contract in order to complete their diploma.

How can I avoid breaking an apprenticeship contract?

There are a few points to bear in mind to avoid breaking your contract as an apprentice. Tip No. 1 - Take the time to choose a company in line with your own aspirations. Ask yourself questions about :

• the size of the company: small, medium-sized or large ;
• its missions
• the values that form part of its identity
• the pay or salary on offer (bearing in mind that the French Employment Code sets a minimum wage, calculated on the basis of the minimum wage);
• potential job opportunities.

Tip 2 - Talk regularly with tutors and teachers. Show that you are open to constructive criticism and that you are motivated and willing.

Tip 3 - Seek support if you run into difficulties. Rather than endure an unpleasant situation at work, don't hesitate to express your doubts and fears. Teachers and your apprenticeship master should be your guides throughout the apprenticeship.

The role of the school in the smooth running of an apprenticeship contract

The role of the school or training centre is to support you throughout your apprenticeship. It must provide you with all the tools you need for a successful work-linked training contract:

• a teaching team that listens to you ;
• a reliable tutor;
• communication between the school and the company, thanks to the relationship between your educational tutor and your apprenticeship supervisor;
• time for the team to monitor the apprentice.

That's why it's so important for students who want to embark on the adventure of work-linked training to choose a recognised and committed school.

IPAG Business School - a work-study course business school - is committed to helping students find the ideal work placement or apprenticeship. This takes the form of the IPAG Career Center, a scheme set up to support students in 3 ways:

• individual coaching for each student looking for a work-study programme, an internship or a first job;
• courses and workshops dedicated to entering the job market, during which future apprentices can work on their CVs, their e-reputation on professional social networks, their behaviour at job interviews, etc. ;
• recruitment forums at which apprentices can meet companies under supervision throughout the school year.

We understand that your apprenticeship is a real opportunity to launch your career in business. For more advice and personalised support, don't hesitate to get in touch with our business school. We could, for example, give you leads on how to find a work-study placement as part of your BTS, the 3ᵉ year of your Bachelor marketing and digital communications or your master's degree on the Grande École Programme.