Apprenticeship Contract: Beware of the financial implications of a rupture other than the permitted cases!

If you can cancel your apprenticeship contract, it is thoroughly stated by law. If you cancel the contract for another reason, it will not be effective. After that, you will have to pay the apprentice until the contract ends. Includes related paid leave.

Apprenticeship contract: In case of permitted dismissal

You can sign a limited-time or indefinite apprenticeship contract. Therefore, the issue of reasons for early termination can legally arise. Labor law lists them.

The apprentice or yourself may terminate the apprenticeship contract for the first 45 days (whether continuous or not) of the apprentice’s company practice without justifying any special reason. increase.

Beyond this period, there are several possible reasons for breach of contract:

  • The contract can be terminated by your apprenticeship and a written agreement signed by you, without the need to justify any particular reason.
  • If this fails, you can terminate the unavoidable force in the event of unavoidable force, serious misconduct, or the incompetence pointed out by your doctor. The contract can also be terminated if you die while you were an apprentice supervisor in the context of one business.
  • You can also request an intermediary and respect the notification period before ending the apprenticeship.
  • Or, in the case of compulsory liquidation that does not involve the maintenance of activity, or when the maintenance of activity is completed.
  • The contract can eventually be terminated when the Apprentice Training Center (CFA) declares a definitive exclusion of your apprenticeship.

If the contract is signed indefinitely, the conditions for breaking the CDI beyond the training period must be respected.

For more information on apprenticeship, we recommend the Tissot Social Enterprise ACTIV documentation. This document contains Lumio’s instructions to support the signing and premature termination of apprenticeship contracts. You can download the model letter from this document and terminate your contract within the first 45 days.

Apprenticeship contract: Lack of effect of termination except when permitted

The Court of Cassation was recently asked to rule on the consequences of the termination of an apprenticeship contract sentenced outside the permitted case. In the case submitted, the apprentice was hired by the company for a period of time. The employer has unilaterally terminated this contract. And the apprentice disputed the regularity of this burst.

The employer did not justify notifying the apprentice of the termination of the contract within a period of two months (currently 45 days) at the discretion of either party. It was irregular because it could not justify one of the reasons for approving the termination beyond this period.

Therefore, the employer was ordered to pay employees the equivalent of backpay until the end of the contract. However, given the compensatory nature of this amount, the Court of Appeals did not order his former apprentice to pay paid leave associated with this period. The apprentice then challenged this position.

The Court of Cassation, which heard the dispute, ruled in favor of the apprenticeship. This shows that termination of the apprenticeship contract by the employer is ineffective except in permitted cases. Therefore, the employer must pay wages until the end of the contract, except in the case of a layoff.

Therefore, the apprentice had the right to claim wage payments until the end of the contract, which resulted in the associated paid leave payments.

Court of Cassation, Social Chamber of Commerce, March 16, 2022, No. 19-20.658 (Employer’s termination of apprenticeship contracts is invalid except when permitted. Therefore, the employer will pay wages until the termination of the dismissal. You have to pay. Contract excluding layoff.)