Are you following work-study training to obtain a professional qualification certificate? However, for some reason you want to stop. Find out in this article how to terminate an apprenticeship contract. We also reveal to you the essential information concerning the appropriate period for breaking up as well as the consequences.
Breaking an apprenticeship contract: in what cases is it possible?
Whether on a fixed-term contract or a permanent contract, the apprenticeship contract, concluded between an employer and a student, functions in the same way as a employment contract. The apprentice alternates between a practical period in a company and a theoretical period within a training organization. Consequently, the rules that apply are almost the same for these two types of contracts, with a trial period of 45 days. Certain conditions must be respected to break an apprenticeship contract.
Since January 1, 2019, termination of this type of contract is possible during and after the probationary period, without any reason being required. Termination of the apprenticeship contract can be done at the initiative of the student or the employer, but respecting a defined formality. Indeed, it is appropriate to send a letter to notify the other party of the termination decision.
On the employer’s side
There termination of apprenticeship contract is possible in case:
- Force majeure;
- Serious misconduct by the student;
- Dismissal of the learner from their apprentice training center (CFA);
- Physical incapacity of the apprentice, after observation by occupational medicine.
To do this, the employer is required to dismiss the employee for personal reasons. However, the following notices must be defined:
- 24 hours if the apprentice’s seniority is less than 8 days;
- 48 hours for seniority of between 1 week and 1 month;
- 2 weeks if the employee’s seniority is between 1 and 3 months;
- 1 month for seniority greater than 3 months.
On the apprentice’s side
The student may terminate his apprenticeship contract for the following reasons:
- Non-compliance with obligations on the part of the employer;
- Obtaining the professional qualification certificate before the expiry date defined in the apprenticeship contract;
- Resignation of the apprentice.
For this last point, the intervention of a learning mediator is required. The objective is to find a suitable solution to resolve disputes between the two parties, namely the employer and the apprentice, who has the status of “company employee”. If the operation proves unsuccessful, the student has five calendar days to inform their employer of their decision to terminate the apprenticeship contract.
Easier during the trial period?
Just like the regulations provided for in the Labor Code, the termination of the apprenticeship contract during the trial period can be requested at any time. Whether it comes from the apprentice or the employer, justification of the reason for early termination of the contract is not obligatory. However, the following formalities must be respected:
- There apprentice resignation letter must be sent to his employer;
- Notification of the early termination of the contract must be sent to the director of the apprentice training center (CFA) and the organization that registered the apprenticeship contract.
Good to know: if you decide to terminate an apprenticeship contract during the probationary period, no notice is required. As for the 45-day trial period, it only concerns days worked within the company. Training days are not included in the duration of the apprenticeship contract.
What consequences?
In the event that the apprenticeship contract is terminated during the trial period, no compensation is awarded to the apprentice. However, you should reread the contract carefully to check if it contains a contrary stipulation.
If termination takes place after the probationary period, compensation for paid leave not taken by the student is provided. In the event that the termination is caused by the fault of the employer, damages are awarded to the apprentice:
- Lump sum compensation;
- Tax credit and exemptions from social charges.
Indeed, once the apprenticeship contract has been concluded, the employer receives financial aid from the Region or the State. As a result, the latter is required to pay them back to the apprentice.
However, in the event of resignation of the apprentice, no compensation will be awarded to him. In the event of termination by mutual agreement, this rule also applies, but it is possible for the student to negotiate compensation to which he is entitled.
