Internal Rules for Trainees in Training
Article 1: Preamble
These regulations apply to all trainees. Each trainee is deemed to accept the terms of this contract when attending a training course provided by d&a partners.
Article 2: General Provisions
Trainees must respect these internal rules both in inter-company and intra-company training.
For intra-company training, trainees must also comply with the internal rules of the host establishment.
All persons undergoing training must respect these regulations for all matters relating to the application of hygiene and safety regulations, as well as the general and permanent rules relating to discipline.
Article 3: Scope
Each trainee must ensure their personal safety and that of others by respecting, according to their training, the general and specific safety instructions in force at the training locations, as well as hygiene regulations.
However, in accordance with Article R.6352-1 of the Labor Code, when training takes place within a company or an establishment already having an internal set of rules, the hygiene and safety measures applicable to trainees are those of this latter regulation.
Furthermore, trainees sent to a company as part of their training are required to comply with the hygiene and safety measures set by the company’s internal regulations.
Article 4: Maintenance of Equipment
Each trainee is required to keep in good condition the equipment entrusted to them for their training. Trainees must use the equipment according to its intended purpose: using the equipment for other purposes, especially personal ones, is forbidden. Depending on the training followed, trainees may be required to spend the necessary time for the maintenance or cleaning of the equipment.
Article 5: Use of Machinery and Equipment
Tools and machinery provided by the organization may only be used in the presence of a trainer and under supervision.
Any anomaly in the operation of machines and equipment and any incident must be immediately reported to the trainer in charge of the training.
It is strictly forbidden for trainees in distance learning to:
Share their personal access codes to the training platform (Username and password) with others.
Use another trainee’s account to follow a training.
Modify, copy or disseminate training materials, and to record or film training sessions. The educational documentation provided during training sessions is protected under copyright law and can only be used for strictly personal purposes.
Article 6: Smoking Ban
In application of decree No. 92-478 of May 29, 1992, setting the conditions for the application of the smoking ban in places used for collective purposes, it is forbidden to smoke in the classrooms provided to trainers.
Article 7: Hours – Absence and Delays
Training schedules are set by the Management or the head of the training organization and are made known to trainees either by posting or when handing out the training program to trainees. Trainees are required to adhere to these training schedules, failing which the following provisions apply.
In case of absence or delay to the training, trainees must notify the trainer or the secretariat of the organization in charge of the training and provide justification. Moreover, trainees cannot leave during training hours, except under exceptional circumstances specified by the Management or the head of the training organization.
When trainees are employees undergoing training as part of the company’s training plan, the organization must inform the company of these absences in advance. Any unjustified absence or delay due to specific circumstances constitutes a fault subject to disciplinary sanctions.
Furthermore, for trainees who are job seekers paid by the State or a region, unjustified absences will result, in accordance with Article R 6341-45 of the Labor Code, in a proportional deduction from their compensation based on the duration of said absences.
Moreover, trainees are required to fill in or sign, as the training progresses, the attendance certificate, and at the end of the training, the training assessment and the training follow-up certificate.
Article 8: Sanctions
Any breach of the internal rules by the trainee may be subject to a sanction. A sanction, as defined in Article R 6352-3 of the Labor Code, refers to any measure, other than verbal observations, taken by the head of the training organization or their representative, following an act by the trainee considered as faulty by them, whether this measure affects the trainee’s immediate presence in the training or the continuity of the training they receive. Depending on the severity of the breach observed, the sanction may consist of:
Either a warning; or a reprimand or a reminder to order;
Or a measure of definitive exclusion (it is reminded that in the agreement passed by the organization with the State or the Region, specific provisions are defined in case of application of the sanctions mentioned above). Fines or other pecuniary sanctions are forbidden. The head of the training organization must inform the employer when the trainee is an employee undergoing training as part of the company’s training plan;
The employer and the joint body that has taken charge of the training expenses, when the trainee is an employee undergoing training as part of a training leave.
Article 9: Disciplinary Procedure
The following provisions constitute the reiteration of Articles R 6352-4 to R 6352-8 of the Labor Code.
No sanction can be imposed on the trainee without them having been informed in advance of the grievances held against them.
When the head of the training organization or their representative considers imposing a sanction that has an immediate or non-immediate impact on a trainee’s presence in a training, the following procedure is carried out:
The head of the training organization or their representative summons the trainee, indicating the purpose of this summons.
This specifies the date, time, and place of the interview. It is written and sent by registered letter or handed over to the interested party against discharge.
During the interview, the trainee can be assisted by a person of their choice, a trainee, or an employee of the training organization.
The summons mentioned in the previous paragraph states this possibility. The head of the training organization or their representative indicates the reason for the envisaged sanction and collects the trainee’s explanations.
In the case where a definitive exclusion from the training is considered and where there is a perfection council, it is constituted as a disciplinary committee, with the representation of trainees.
It is seized by the head of the training organization or their representative after the aforementioned interview and formulates an opinion on the envisaged exclusion measure.
The trainee is notified of this referral. They are heard on their request by the disciplinary committee. In this case, they can be assisted by a person of their choice, a trainee, or an employee of the organization. The disciplinary committee transmits its opinion to the Director of the organization within a clear day after its meeting.
The sanction cannot occur less than one clear day nor more than fifteen days after the interview or, if applicable, after the transmission of the opinion of the disciplinary committee. It is the subject of a written and reasoned decision, notified to the trainee in the form of a letter handed over against discharge or a registered letter.
When the act has led to an immediate sanction (exclusion, suspension), no definitive sanction related to this act can be taken without the trainee having been informed in advance of the grievances held against them and, possibly, that the above-described procedure has been respected.
Article 10: Hygiene and Safety
In accordance with Article R.6352-1 of the Labor Code, it is reminded that when training takes place in an establishment already equipped with an internal set of rules, the safety and hygiene measures applicable are those of this latter regulation.
When training takes place in the premises of the training organization or in external premises to the training organization not equipped with an internal set of rules, all the provisions of these Internal Rules will be applied.
General Principles
The Management of d&a partners assumes responsibility for hygiene and safety within the establishment. It is their responsibility to implement and ensure compliance with all legislative and regulatory provisions that apply to it due to all the characteristics of its activity and organization. The provisions having a general character are the subject of the paragraphs below.
Special or occasional measures may occur by service notes, as indicated above when the specifics of the situation, activity, or organization of the training require it. In accordance with Article R.6352-1 of the Labor Code, it is reminded that when training takes place in an establishment already equipped with an internal set of rules, the safety and hygiene measures applicable are those of this latter regulation.
Respect for Hygiene and Safety Measures
It is the responsibility of trainers to supervise the trainees and to complement as frequently as necessary the information of trainees in terms of safety applicable to the performance of the training he animates and to control the respect of these instructions.
Every trainee then has the duty to immediately report to the trainer or the direction of the training organization the urgent measures to be implemented to stop any danger.
Every trainer has the duty to refuse on the training site any person not respecting the safety instructions and refusing to comply with them after notification by this trainer.
Washbasins. Toilets.
Each trainee is required to leave in good condition of cleanliness the washbasins, toilets made available to them.
Meals. Drinks.
It is forbidden for trainees to take their meals in the premises assigned to the conduct of the training action except express authorization from the Direction of the training organization. Trainees must not introduce alcoholic beverages onto the training premises.
Accidents and Health Problems
Any accident, even apparently benign, occurring to a trainee during the training must be immediately reported to the Direction of the training organization, either by the interested party themselves or by anyone having knowledge of it.
It is in the interest of trainees to inform the training manager of any health problems (e.g., back pain, respiratory problems, physical disabilities) to allow, if necessary, an adjustment of the proposed exercises.
Protection and Safety Devices
The hygiene and safety measures, the prescriptions of occupational medicine resulting from current regulations are mandatory for all.
To this end, the general and specific safety instructions applicable in the training organization must be strictly respected.
Trainees must:
• Use the individual protection devices made available to them, ensure their conservation and maintenance,
• Respect the safety instructions specific to each training or premises,
• Immediately report to the trainer or the Direction of the training organization any defect or deterioration of hygiene and safety devices,
• Immediately report to the trainer or the Direction of the training organization any stoppage or incident of devices or installations of any nature, any failure likely to compromise safety,
• Not touch various equipment and materials as well as the different elements of the electrical installations without being qualified in this regard or ordered by a responsible and in all cases, without being authorized and observe the safety measures,
• Not use equipment for which he has not received authorization and/or authorization,
• Not proceed with a repair or disassembly without authorization if this operation is carried out outside the normal mission of the concerned trainee.
Firefighting Devices
Staff must know and respect safety instructions in case of a fire.
They must ensure free access to means and equipment for firefighting as well as to emergency exits.
Trainees are prohibited from smoking within the premises of the establishment except in rooms explicitly provided for this purpose.
Smoking Ban
It is strictly forbidden to smoke inside all the premises of the establishment used for collective purposes. By premises for collective use, are concerned not only those occupied permanently by at least two people but also all those within which are likely to pass other people than the usual occupant, whether they are trainees, company trainees, or external persons.
A sign reminding of the prohibition is posted in the premises concerned.
Non-compliance with the obligation to smoke in the concerned premises will result in the pronouncement of a disciplinary sanction.
Article 11: Representation of Trainees
In training courses lasting more than 200 hours, the simultaneous election of a titular delegate and a substitute delegate by single majority vote according to the following modalities takes place.
All trainees are voters and eligible. The vote takes place, during training hours, at the earliest twenty hours and at the latest forty hours after the start of the training.
The head of the training organization is responsible for organizing the vote, ensuring its smooth conduct. He sends a record of deficiency, transmitted to the regionally competent prefect, when the representation of trainees cannot be ensured.
Delegates are elected for the duration of the training. Their functions end when they cease, for whatever reason, to participate in the training. If the titular delegate and the substitute delegate have ceased their functions before the end of the training, a new election is held.
Article 12: Entry into Application
These regulations are handed over to the trainee before the training session.
The trainee must attest that they have read the internal regulations by signing below:
The signing of these internal regulations by the client when they are a trainee (or employees) serves as an honor declaration of the public reception conformity of their premises.
Signature of the trainee: “read and approved”