[TERMINATION OF AN APPRENTICESHIP CONTRACT]

[EMPLOYMENT LAW - BREACH - APPRENTICESHIP CONTRACT]

🚨Early termination of an apprenticeship contract is only possible in the cases listed exhaustively by law. Termination may be initiated either by the employer or by the apprentice.

I / DURING THE TRIAL PERIOD

Before the end of the trial period, the apprenticeship contract may be terminated by either party without cause and without notice, subject to compliance with certain minimum formalities :

1. The request for early termination must be made in writing (by registered letter with acknowledgement of receipt, letter delivered personally against receipt, or signature by the other party of the termination form); and

2. The director of the apprentice training centre (CFA) and the Chamber of Trades, as well as the body with which the contract was registered, must be notified of the early termination.   

In this case, no compensation is payable unless otherwise stipulated in the contract.

II / AFTER THE TRIAL PERIOD

After the end of the trial period, the apprenticeship contract may be terminated in an anticipated manner:

1. By mutual agreement between the employer and the apprentice : A. In writing and signed by both parties; and   B. Notified to the director of the CFA (Apprentice Training Centre), the head of the establishment where the apprenticeship section is located, the Consular Chamber that registered the contract and the DDT (Departmental Labour Office).
   

2. By judicial termination pronounced by the industrial tribunal for : A. the apprentice's unfitness is established by the company doctor (medical unfitness) or by an information and guidance centre (professional unfitness) B. pronouncement of the apprentice's permanent exclusion by the apprentice training centre. For contracts signed after 1 January 2019, the employer may initiate dismissal proceedings. C. serious misconduct on the part of the employer (e.g. breach of legal or contractual obligations, inadequate training, harassment, violence, failure to take compulsory rest periods, failure to comply with health and safety at work obligations) D. serious misconduct on the part of the apprentice (e.g. unjustified or repeated absences, abandonment of post, refusal to comply with the employer's instructions, refusal to follow training, refusal to participate, theft, fraud, violence). Before the judgment is handed down, the apprentice is given a precautionary lay-off and may receive his salary if it has been proved that he is not the cause of the breach. If the employer does not refer the matter to the industrial tribunal, he is required to : i. pay the wages due until the end of the term or until the day on which the judicial termination is pronounced. ii. pay damages to the apprentice in an amount that is at least equal to the salary that the apprentice would have received until the end of the contract. NB: Under Law 2018-771 of 5 September 2018, which relaxes the conditions for terminating apprenticeship contracts entered into from 1 January 2019, employers are not obliged to apply to the industrial tribunal to dismiss an apprentice if they comply with the procedure for dismissal on personal or disciplinary grounds in the event of serious misconduct, unfitness or force majeure. E. force majeure
   

3. At the initiative of the employer in the event of : A. death of a mentor if the employer is an individual company.
   

4. At the initiative of the apprentice in case of : A. obtention of the diploma or qualification being prepared, provided that the employer is notified in writing and that at least 1 month's notice is given. B. resignation for apprenticeship contracts signed on or after 12 January 2019, subject to at least 7 days' notice. Save in exceptional circumstances, the apprentice must first refer the matter to the apprenticeship mediator appointed by the consular chambers to which he belongs and inform his employer within 5 days by registered letter with acknowledgement of receipt or by any other means that confers a date certain. NB: The termination notice for an apprentice who is a minor must be signed jointly by his legal representative.
   

5. At the initiative of the administration in case of : A. serious risk of harm to the health and safety or physical or moral integrity of the apprentice (harassment, dangerous activities, lack of individual or collective protection)
   

6. By the liquidator in case of : A. judicial liquidation without continuation of the business or when the continuation of the business is terminated.
   

⚠ Early termination of the apprenticeship contract outside the cases authorised by law is without effect.

Prior to the request for early termination :

✅ Check whether the termination takes place during or after the trial period

✅ Check the notice period applicable, if any

✅ Check whether it is necessary to refer the matter to a mediator or the CPH (labour tribunal)

✅ Check the reason for termination, if applicable

✅ Check whether it is a resignation, redundancy or another form of termination

✅ Check the specific provisions for underage apprentices

✅ Check whether any other exceptions apply

After the early termination has been established:

✅ Check that all notifications have been made

✅ Check that all legal formalities have been complied with

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