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You’ve set up your training organization, and now it’s time to recruit a trainer, or even several. There are many different types of employment contract, so it’s important to be able to distinguish between them in order to choose the most appropriate type. You need to be able to analyze your company’s needs in order to make the right choice and avoid the risk of requalification.
Contents:
You can, of course, hire a trainer under an employee contract. In addition to the best-known contracts such as CDI or CDD, there are other types of contract for trainers. For all these contracts, including those where the trainer will only work for you for a few days at a time, you will need to complete a declaration prior to hiring (DPAE) with Urssaf, draw up payslips and meet your obligations as an employer. For all these contracts, there is a relationship of subordination, and it’s up to the employer to define training content, schedules and procedures.
The trainer is hired on a part-time or full-time basis by your organization, for an indefinite period. This is the most common contract in France. It is required if you need a full-time trainer and/or a trainer for a very long period, who will be able to carry out a series of training sessions. The trainer meets a permanent need and will become an integral part of your team.
The intermittent CDI allows employees to alternate periods of work and non-work. It meets a permanent need, but is subject to considerable variations, with periods of high and low activity. This type of contract is possible if your training organization is covered by the national collective agreement for training organizations.
The contract must specify a guaranteed minimum annual working time, and the periods worked and not worked must be clearly defined. Overtime is possible up to 1/3 of the minimum. If you need the trainer for a larger volume of work, you can either issue an amendment with the trainer’s agreement, or requalify the contract.
Please note that if the volume of activity is constant or only slightly variable over 12 months, the contract will be requalified as a permanent contract.
The CDDU is authorized if training is the company’s main activity. In this case, you can sign a CDDU for :
An employee hired under a CDDU contract does not have to work permanently for the organization, nor does he/she always occupy the same position if his/her contract is renewed. Rather, they are hired to meet a specific need that cannot be covered by the permanent workforce. Furthermore, a position that could be filled by a permanent contract cannot be offered on a CDDU.
Renewal is possible once, and may be for a different and longer period than the initial contract, in the case of a fixed-term contract. Most CDDU contracts are concluded for a precise term, i.e. the end date of the assignment is specified on the contract. In some cases, it is possible to conclude a CDDU with imprecise terms, in which case the assignment ends when the task is completed.
End-of-contract indemnities amount to 6% of gross remuneration if the contract is not continued on a permanent basis.
The occasional trainer is called in when needed, on an occasional basis within the organization. In the case of a salaried contract, there is a legal relationship of subordination. The content is pre-established by the training organization, and an employment contract is signed. The training organization must comply with the rules of the collective bargaining agreement, the French Labor Code and social security regulations. The employee may work a maximum of 30 calendar days per year.
If you don’t want to hire, you can hire a freelance trainer. However, you need to be careful to choose the right type of contract, and to minimize the risk of requalification. A freelance trainer is much freer than an employee, so you won’t be able to impose many constraints on him/her, and you’ll need to take great care to ensure that there is no relationship of subordination. Furthermore, you should never issue a pay slip. The trainer must provide you with an invoice. He must therefore be declared. Depending on your trainer’s annual sales volume, you may have to pay VAT.
Like salaried occasional trainers, they can work for a maximum of 30 calendar days a year. On the other hand, they are free to design their own services. They must have a job that constitutes their main source of income. They may be civil servants.
A service contract is drawn up with a lump-sum remuneration, with no pay slip or remuneration for ancillary expenses such as transport (otherwise you risk requalification, as these expenses are only paid to employees).
/!\ URSSAF does not recognize the position of liberal occasional trainer and tends to consider occasional trainers as all salaried employees. You have every right to hire a liberal occasional trainer, but be aware that URSSAF may ask you for clarification.
The subcontracted trainer must be independent and have his or her own business registration number. It is also possible to subcontract with another training organization rather than an independent trainer. However, the subcontractor is not obliged to be Qualiopi certified. If you have Qualiopi, you can use public and mutualized funds for your training courses, even if you subcontract to an organization that does not have the certification. On the other hand, you are obliged to explain to the subcontractor the elements to be respected (via a charter for him to sign, for example), and to check that he respects them.
The subcontracting contract must be for a clearly defined service, with the content and duration also specified. The Fédération de la formation professionnelle (FFP) has created a model contract. Subcontractors are free to design their own terms and conditions.
If you use a subcontractor, it’s up to you to monitor and follow the training provided. A quality charter must also be signed to ensure that the subcontractor understands the measures implemented to ensure the quality of services, and that he or she will respect them.
The subcontractor must be able to submit invoices once the service has been completed.
Please note that if the subcontractor is an individual trainer, he or she must have a regular and substantial business with his or her own clientele. If this is not the case, only salaried employment is authorized.
The part-time trainer is an employee. An employment contract must therefore be drawn up, and all the employer’s obligations respected. The minimum contractual working time is 14 hours a week (as opposed to the legal 24 hours). Note that if the weekly working time reaches 35 hours, the contract will be requalified as full-time, even if the monthly hours are respected. Careful attention must be paid to weekly working hours.
Schedules must be grouped into days or half-days to allow for alternative employment. Overtime is limited to 1/3 of the contractual duration.
An individual assessment should be carried out every two years, preferably at the same time as the professional interview.
In conclusion, there are a number of statuses under which you can enter into a contract with a trainer. The important thing is to ask yourself the right questions and analyze your organization’s needs in order to choose the right contract. In particular, you can answer the following questions before making your choice:
