The professional training sector (also called vocational training sector) is a highly regulated and complex market that can be subject to multiple legal frameworks depending on the relevant client’s business (education and training law, employment law, intellectual property law, tax law, company and association law, consumer protection law, public procurement, state aid, etc.).
We provide the professional training community cross-disciplinary advice and representation in all legal areas covering their activities.
We represent joint-financing bodies, joint-bodies, certification organizations (private or branch), training organizations, apprentice training centers (including company run programs), and public and private formal education institutions.
We also assist companies with understanding and implementing training arrangements, financing those arrangements, and rolling out their employee training policy.
Our experience in assisting the training community and the skill and expertise of our attorneys enables us to provide legal advice as well as representation in pre-litigation and litigation phases.
How we can help:
- Creation of training organizations (TO) and apprentice training centers (ATC) (including choice of legal form, VAT status, preparing application to be filed with the administration)
- Legal due diligence reviews regarding compliance with regulations applicable to training providers (notably in advance of obtaining Qualiopi certification)
- Legal assistance with merger and consolidation transactions concerning TOs and ATCs formed as associations
- Training consortiums, partnerships and sub-contracting
- Access to public and mutualized financing and state aid
- Professional certifications (registration/renewal applications to RNCP and RS)
- Apprenticeship tax (authorization applications for organizations authorized to collect balances, expense allocation)
- Audits of training providers’ activities (DREETS) or relating to training contribution payments by companies (French treasury)
- Drafting/negotiation of branch/sector collective training agreements, OPCO formation agreements and related articles of association
- Supporting branches’ professional certification mission: CQP/CQPI
- Roll out of company training policies (identifying training arrangements and any related financing, drafting of clauses governing the reimbursement of training expenses in the case of resignation)
- Development of skills development plans
- Procedure for conducting performance reviews
- Pre-litigation and litigation in connection with training obligations, implementation of clauses governing the reimbursement of training expenses in the case of resignation
- Consulting employee representative bodies in connection with vocational training (assistance with preparing disclosure/consultation documents, disclosure/consultation arrangements)
- Employment status of in-house trainers
- Assistance with creating company universities/apprentice training centers
- Assisting in-house training departments
- Assistance with applying regulations governing their operations and their general interest activities
- Service offering for member companies
- Implementation of public contracts
- Arrangements and rules applicable to payment for training and financing terms in the context of legal (CUFPA), contractual, and European (FSE) funds
- “360 degree” assistance with restructuring transactions (including in the context of the Avenir professional law)
Our lawyers continuously participate in creating positive law
In the framework of successive training reforms, our teams participated in:
- Drafting proposed amendments (Employment law of 8 August 2016 to allow apprentice training centers to provide distance learning; Avenir law of 5 September 2018 to allow for financing of training provided through a subscription to a digital platform; raising companies’ headcount threshold for accessing mutualized funds under the plan, etc.)
- Drafting of draft decrees (on the conditions applicable to distance learning)
- Participation in hearings (by IGAS, by the National Assembly prior to the Avenir law, etc.)
We participate in working groups led by public bodies (DGEFP and CDC on the legal framework for the financing of vocational training).
Our attorneys teach in the following programs: Master 2 RTE, Université de Bordeaux; Master 2 Employment Law, Université Paris Nord; Master 2 DJCE Bordeaux and Montpellier; Training consultant title, CNAM.
A number of our attorneys are members of various professional associations: Forum français des acteurs du digital (FFFOD), AFREF and ANDRH.
We regularly contribute to specialized journals and papers:
- Articles on vocational training law in the journal Droit social
- Semaine juridique, Social, Lexisnexis
- Lexbase articles
- AEF / News Tank
- Magazines de l’ANDRH
- Cahiers du DRH
Would you like legal assistance and support ?
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