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The personal training account for private employees, the unemployed and job seekers
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The reform of professional training applies from 1 January 2015. It has consequences for the employer and the employee. Details.
Olga Romulus
(Expert-comptable / Direction des Relations Extérieures)The reform of professional training applies from 1 January 2015. Its consequences :
- strengthening of the rights of employees,
- increasing obligations of the employer,
- maintaining the level of expenditure.
We suggest you a quick overview of the new modalities established by this reform
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The employees become actors of their training
This reform aims at making the employees actors of their skills with the establishment of the CPF (the personal training account for private employees, the unemployed and job seekers).
The CPF enables to have an “individual right to training” won thanks to your professional activity since the age of 16 until retirement. It replaces the Droit Individuel à la Formation (DIF) (individual right to training) and is transferable in case of change or job loss.
Each employee working full time obtains 24 hours a year up to 120 hours, then 12 hours per year with a total ceiling of 150 hours. To that credit, it can be added the hours obtained with the DIF until 31 December 2014 which were transfered in the CPF and which will be used until 31 December 2020.
The management of the account CPF is not under the responsibility of the company but of the Caisse des Dépôts et des Consignations. The employer will inform every year this organism about the working hours of their employee via, from 1 January 2016, the Déclaration sociales nominatives (DSN). Each holder will know the number of credited hours on their account having access to their personal space (www.moncompteformation.gouv.fr).
The eligible trainings for this personal training account enable : to acquire a qualification or basic knowledge for the validation of prior experience (VAE).
During working time, the holder must obtain the consent of his/her employer to use her/his hours but he/she can use it freely outside the working hours.hors.
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OPCA, unique collector (accredited fund-collecting agency)
The OPCA becomes the unique collector of the different contributions financing the continuing vocational training system.
For the companies employing less than 10 employees, maintenance of a contribution at the level of 0,55% of the wage share devoted to the financing of the training plan and professionalization contracts/periods.
For the companies employing more than 10 employees, establishment of a unique contribution of 1% devoted to the financing of the training plan, professionalization contracts/periods, individual training leaves.
Now, the employer is not able to allocate his/her expenditure in training on what he/she had to give to her/his OPCA.
Professional interview
This modification aims at developing the relations between employee and employer via the professional interview.
The professional interview aims at studying the outlook for professional developments of the employee, especially in terms of qualifications and jobs.
This interview is not about the evaluation of the employee’s work.
It gives rise to the establishment of a written document and a copy of it is given to the employee.
This interview must be organized every 2 years and must be established after some contract suspensions like for example maternity leave, long-term sickness (6 months)…
Every 6 years : an assessment of the professional career of the employee enables to check if the biannual professional interviews took place and if the employee took a training course, acquired a certification or had a salary or professional progression.
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Compte personnel de formation - Mode d'emploi
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What are the risks for the employer in terms of professional training?
In general terms, in case of dispute resulting from the termination of contract, the employer may be condemned for lack of adaptation of the employees to the evolution of their job and so they should pay damages.
In case of non-payment of the contribution, the employer will remain liable for the increased contribution and will have to pay to the Public Treasury the difference between this increased contribution and the amount received by the OPCA.
In case of the termination of contract, the lack of interview can incur a heavy penalty with the payment of damages to the employee especially when they lost a chance to be trained.
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If it is found that the professional training keeps being a minor issue for most of the TPE resulting from a lack of resources or from organizational difficulties, the progression of the employee’s actions aiming at pointing out the lack of the employer and the new ambitions fixed by the CPF must incite, in the future, the employers to be conscious of this issue.
The business managers should find an astute partner with their OPCA. A council specialized in the management of employees (accountant or lawyer) can also help you.
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INFORMATION
You can also download our file on the Compte Personnel de Formation (CPF).
www.fiducial.fr