Summary
DIF portability: law of 24 November 2009
Law 2009-1437 (entitled law on lifelong vocational guidance and training) introduces an important new concept which concerns the Individual right to an education.
This novelty is called “portability” of the DIF.
The objective is to allow an employee who has acquired hours under the DIF to use them when he leaves the company.
Work certificate
As a first consequence of the law, the work certificate that must be given to the employee when he leaves the company must now include:
- the balance of number of hours acquired under the DIF and not used;
- the approved joint collecting body (OPCA) competent to pay the sum corresponding to the remainder of the DIF in the event of use during the period of unemployment.
See Art. L. 6323-21 of the Labor Code.
Depending on the cases of termination of the employment contract, the DIF portability will take place (or not) under different conditions.
DIF and dismissal: cases of dismissal and use of DIF hours during the notice period
It will be possible for the employee to use his “hour credit” under the DIF during his notice period unless the dismissal was pronounced for gross negligence.
In this case, the training will necessarily take place during working time.
The training will be funded by theOPCA for a skills assessment action, eBike (Validation of Acquired Experience) or training at the rate of €9.15 per hour of training.
For more information on dismissal, do not hesitate to browse our dedicated page.
DIF and resignation: the case of the resigning employee
The employee is entitled to benefit from his DIF provided that the training action is initiated before his departure from the company.
(See Article L 6323-17 Labor Code).
Case of an employee who retires (voluntary departure or retirement)
Unless more favorable contractual provisions, the rights acquired under the DIF are lost.
There remains the possibility of using the hours before the final departure from the company (for example during the notice period) subject to the employer’s agreement.
Other cases of termination of the employment contract
Are concerned in this paragraph:
First case: portability to the new employer
At the end of the employment contract, the former employer must mention on the work certificate the rights acquired under the DIF.
The employee asks to benefit from his Individual right to an education with his new employer, within a period of 2 years from his arrival in the company.
If the employee obtains the agreement of the new employer, the training action is financed by theOPCA to which the new employer belongs and the amount paid is: DIF balance in hours * €9.15.
If the employee does not obtain the agreement of the new employer, he can obtain funding for a skills assessment, VAE or training action if it falls within the priorities defined by the collective branch or company agreements.
Any training action will take place outside the work time but the employee will not obtain the payment of training allowance (50% net salary).
Second case: use during the period of unemployment
It’s’OPCA the previous employer who finances the skills assessment, VAE or training action.
The use of “credit hours of DIF” will be done after consulting the Pôle emploi referent responsible for supporting the employee during his period of unemployment.
Our tips:
In the spirit of “lifelong learning”, these new provisions allow employees not to lose the benefit of the hours acquired under the DIF. More and more, training is really becoming part of every employee’s life.