Cross-border apprenticeship: What are the modalities for practical training in France?
Description
The main regulatory provisions for a cross-border apprenticeship contract concluded with an employer established in France.
Content
The decree of March 28th enriches the regulatory part of the Labor Code to implement cross-border apprenticeship. We review the contributions of the decree concerning the practical part of the training carried out in France.
The modalities in case the theoretical part of the training is carried out in France, and the adaptation of rules for apprentices benefiting from adjustments due to their disability situation as well as those for high-level athletes, will be addressed in subsequent articles.
Cases of exclusion from common regulations related to the execution of theoretical training in the border country
These are adjustments to the regulations resulting in express exclusions (non-applications) of the regulations commonly applicable to apprenticeship. Here are the most notable:
| Relevant body of rules | Non-application | Possible remark |
| Professional certification | ↳ of rules relating to professional certification | The signed bilateral agreement determines the provisions relating to the professional certification targeted by the contract
Ex: Franco-German bilateral agreement (cf arts. 1 and 2) : for a cross-border apprenticeship with practical training in France, the targeted diploma must be registered in accordance with German law provisions – NB: when practical training is carried out in France, the object of the cross-border apprenticeship contract is the preparation for, and aims at obtaining, a German certification, and vice versa. |
| Quality of training actions | ↳ of rules relating to the quality of professional training actions | The excluded rules concern in particular the Qualiopi criteria, the indicators for assessing said criteria and audit modalities defined in the appendix by the national reference framework; quality controls of training actions by funders – including Opco - (purpose, progress, reports etc…) = Rules designed in a national context that cannot be applied in the context of the development & promotion of cross-border apprenticeship to the foreign training organization in charge of theoretical training, possibly subject to stipulations to this effect in the signed bilateral agreement (Ex : the bilateral agreement could provide for the possibility for border authorities, within the framework of controls, to take into account the French national reference framework (NB however: the requirement for the training organization in the border country in charge of theoretical training to hold Qualiopi certification itself is not conceivable)) |
| Financing of apprenticeship
Coverage by the Opco for apprenticeship
|
↳ of the rules for determining the NPEC (Level of Coverage) by the National Joint Employment Commission or, failing that, by the Joint Commission of the professional branch according to the diploma or professional title prepared; the interventions of France Compétences in this matter, the setting of the NPEC by decree failing that etc.
↳ of the rule on the payment terms for training costs covered by an Opco (concerning apprenticeship, the terms of payment of an amount consisting of the NPEC and ancillary costs by the Opco to the CFA) |
= Rules designed in a national context for the financing of a CFA by an Opco according to an NPEC determined in principle by the branches and which allows the financing of CFAs by an Opco under common coverage conditions ; this NPEC cannot be provided for a training organization in the border country in charge of theoretical training
The signed bilateral agreement determines the provisions relating to the financing of cross-border apprenticeship, in particular the contributions of the parties and their financial relations |
| General obligations of training organizations | ↳ of rules relating to training organizations (including declaration of activity, operation, execution of training actions …) | The bilateral agreement determines the provisions relating to the training organization providing the theoretical part of the training in the border country
Ex with Franco-German bilateral agreement – theoretical training in the Federal Republic of Germany is delivered in accordance with German regulations in a German vocational school, possibly with additional practical training in dedicated inter-professional training centers |
| Control of service provided or quality | ↳ to training organizations established in the border country | Controls, where applicable, of organizations in the border country in charge of theoretical training fall a priori under the prerogatives of the competent authorities in the border country
The signed bilateral agreement may include specific modalities for controls |
| Financing & Rules on CFAs | ↳ of financing rules for CFAs by the regions;
↳ of provisions governing CFAs (missions, organization of apprenticeship within the CFA, creation of UFAs (Apprentice Training Units) in particular)
|
The training is hypothetically provided by a dedicated training organization in the border country, not a CFA [that a French region would subsidize]
The signed bilateral agreement determines the applicable provisions regarding financing |
| International mobility | ↳ of provisions relating to the international mobility of apprentices | An apprentice in international mobility falls under a legal framework distinct from that of cross-border apprenticeship |
| Remuneration of apprentices | ↳ of the rule for determining:
- the minimum remuneration during the extension resulting from failure to obtain the diploma/title ; and when the apprenticeship duration is > than the duration of the training cycle taking into account the initial level of skills or skills acquired during certain determined experiences |
Specific rules for cross-border apprenticeship for determining minimum remuneration are provided where applicable (see below) |
Adjustments in case of express application of the border country's provisions regarding professional training
When the bilateral agreement provides that the provisions relating to training of the border country apply:
➙ certain provisions are expressly applied and adapted (concerning persons with disabilities, a subject presented in another article);
➙ common rules specific to apprenticeship (i.e., falling under Book II "Apprenticeship") are excluded (non-applications, see the table below);
➙ specific rules are provided where applicable by the regulatory part of the Labor Code, to take into account the regulations of the border country (see the table below);
| Non-application | Specific rule provided (where applicable) |
| ↳ of rules relating to distance learning | |
| ↳ of a derogation from the age condition (enrollment in CFA at 15 under school status) | |
| ↳ of rules relating to the duration of apprenticeship : - rules provided in case of possible extension or reduction of the contract or apprenticeship period and the tripartite agreement in this case - the possibility of derogating from the minimum duration of the apprenticeship contract and the minimum duration of training in CFA for signing a new contract after termination |
Relating to the duration of cross-border apprenticeship
↳ The duration of the contract or period can be < 6 months and > 3 years, without exceeding 5 years ¤ purpose specified by the regulatory text: this is to take into account > the duration of the training cycle and, where applicable, its adjustments (which must be contractualized in an amendment if subsequent to the contract), applying in the border country, > or the provisions of the bilateral agreement, Ex : the Franco-German bilateral agreement (cf. art. 2, (1), c) provides that in case of practical training in France, the duration of the apprenticeship contract is fixed in accordance with the German training regulation Remark: within the framework of certain schemes and circumstances, the duration of an apprenticeship contract under German regulation may exceed 3 years
Specific rules for cross-border apprenticeship for determining minimum remuneration are provided where applicable (see below)
Specific provisions relating to adjustments for persons with disabilities / high-level athletes will be addressed in a subsequent article
Transmission of information to competent border authorities ↳ Early termination of the apprenticeship contract by written document and notified to the director of the CFA (within the framework of common regulations) and to the Opco is also notified to the competent authorities in the border country
|
| ↳ of the rule for determining remuneration : - minimum during the extension resulting from failure to obtain the diploma/title ; and when the apprenticeship duration is > than the duration of the training cycle taking into account the initial level of skills or skills acquired during certain determined experiences - when the apprenticeship duration is < than the duration of the training cycle due to certain determined hypotheses
Exclusions relating to adjustments for persons with disabilities / high-level athletes will be addressed in a subsequent article |
Specific provisions for cross-border apprenticeship relating to the practical part of the training, carried out in France
They relate to rules concerning the practical aspect of the training: remuneration rules, controls of the employer's obligations training the apprentice, for example.
Some of these specific provisions may result in adapted applications of the common law regulations for apprenticeship.
Here are the most notable:
Increases and specific rules for determining minimum remuneration for cross-border apprenticeship
Increases
- Specific increase for a long training cycle
An increase in the minimum remuneration as determined by the common regulation grid is provided for a training cycle lasting longer than 3 years. This increase, of 15 points, applies for each year of execution of the contract following this 3rd year.
It applies to the remuneration of an apprentice who has concluded a contract with a public employer, and a cumulation rule is provided in this case.
- Adapted application of a common increase rule
The increase provided in case of related certification applies to the minimum remuneration of the apprentice as determined by the common regulation grid, possibly increased by application of these specific rules (Ex : the application of this increase can be combined with that provided for in case of a training cycle longer than 3 years).
! Regulatory ceiling: these specific increases cannot lead the apprentice to receive a salary higher than the SMIC (minimum wage). However, it is possible to derogate from this rule by a more favorable contractual or conventional provision.
Determination of minimum remuneration according to the duration of the apprenticeship
- Specific rules for cross-border apprenticeship
| Duration of apprenticeship (contract or period) | Minimum remuneration | |
| ⤹ applicable during the extension :
= equal to that of the last year of execution of the contract preceding the extension |
||
| Situation considered | Extended compared to that of the training cycle | |
| Shorter than that of the training cycle | = equal to what the apprentice would have received if they had completed an apprenticeship duration corresponding to that of the training cycle | |
- Adapted application of a common rule
The rule of the minimum remuneration floor in case of succession of apprenticeship contracts with a different employer is applicable to cross-border apprenticeship when the previous employer is established in France.
Transmission of information, controls and setting of flat rates by the Opco-EP
Transmission obligations incumbent on the employer
- In case of administrative control or control by the Opco-EP
During the contract period, the employer provides, upon request from the Labor Inspectorate or the Opco-EP, the documents attesting compliance with the stipulations contained in the apprenticeship contract and other documents relating to the cross-border apprenticeship contract, in accordance with the provisions of the bilateral agreement.
- In case of hosting in a third-party company for additional training
The tripartite agreement concluded in this case is sent to the Opco-EP, the training organization, and the competent authorities in the border country.
The same applies in case of hosting by a third party within the framework of an apprenticeship with a public employer.
Control and filing of the contract by the Opco-EP
The preceding texts of the regulatory part are significantly consolidated.
It should be noted in particular that the Opco-EP verifies compliance with the specific articles for cross-border apprenticeship relating to the minimum remuneration of the apprentice (see above).
As a reminder, if the Opco-EP refuses to file the contract (or the amendment), such refusal is notified to the training center in the border country.
Another reminder: the employer transmits the cross-border apprenticeship contract, or the amendment concluded in case of any modification of an essential element of the contract, to the Opco-EP no later than 5 working days following its conclusion.
Assistance between border authorities for control if provided for by the bilateral agreement
The authorities controlling the execution of the contract in the company in France (Labor Inspectorate / Dr(i)eets of the place of execution of the contract in France) may request assistance from the authority of the border country. The control may be initiated at the request of the authorities of the border country, which may also request the assistance of the control authorities in France.
Ex : the Franco-German bilateral agreement (cf. art. 6) provides for this hypothesis of request for assistance: French authorities can request the assistance of apprenticeship advisors from the competent authority in the Federal Republic of Germany to conduct its controls.
Flat rates relating to the apprenticeship master
The ceilings and durations of the flat rates for covering expenses related to apprenticeship masters are set by the Opco-EP.
Decree No. 2025-289 of March 28, 2025 relating to cross-border apprenticeship (Official Journal of 30.3.25)
Related Information
Author: Eugénie Caillet
Published on: 29/04/2025
Source: https://www.centre-inffo.fr/site-droit-formation/actualites-droit/apprentissage-transfrontalier-quelles-modalites-pour-la-formation-pratique-en-france
Analysis Content generated by AI
The decree of March 28, 2024, specifies the conditions under which a training center can organize training periods abroad within the framework of an apprenticeship contract. The article offers a rigorous reading, focused on the analysis of the text and its implications for CFAs (Apprentice Training Centers). Clear and concise, it highlights the obligations imposed on organizations, notably the need for an agreement and the role of the DREETS (Regional Directorate for Economy, Employment, Labour and Solidarity). It also sheds light on the limits of the system, such as training falling under foreign regulations. However, the discussion remains strictly legal. The article does not address the concrete consequences for apprentices or CFAs, nor the European opportunities that this decree could foster. A useful analysis for specialists, but one that would benefit from integrating a more human and pedagogical dimension.
Relevance / Interest Content generated by AI
The article directly concerns trainers involved in cross-border apprenticeship. It clarifies that for the theoretical part provided abroad, Qualiopi certification is not required, unless a bilateral agreement provides for it. However, for sequences carried out in France, the usual quality obligations apply. This distinction allows trainers to better anticipate their constraints depending on the place of intervention.