Summary
See the whole summary
Purposes of the training
Formations can have different purposes :
- change activity;
- change their qualification;
- to get a diploma ;
- carry out cultural or associative activities.
The CIF should not be confused with the individual right to training (DIF).
Who can get it?
Any employee (full-time or part-time) who can prove seniority of 24 months (36 in craft businesses with less than 10 employees), consecutive or not, as an employee (not necessarily in the same professional branch) and a seniority of 12 months in the company.
This seniority condition is not required of employees who have been made redundant and have not taken a training course between their dismissal and their new job.
Employees under a fixed-term contract may benefit from leave under specific conditions, which are as follows: show proof of 24 months’ seniority, consecutive or not, as an employee (regardless of the nature of the successive contracts) at over the past 5 years, including 4 months, consecutive or not, under a fixed-term employment contract, over the past 12 months.
However, an employee who has already benefited from a CIF cannot claim, in the same company, a new leave before a period equal to 1/12th of the duration (called the grace period), expressed in hours, of the training leave. previously followed. Example: an employee can only take another course 10 months after a 120-hour course (120 / 12 hours = 10 months). This period may not be less than 6 months nor more than 6 years.
What is the duration of the CIF?
The leave cannot exceed:
- one year for full-time training;
- 1,200 hours for discontinuous or part-time training.
What are the advantages ?
It is an authorization of absence which allows during normal working hours to follow an internship of one’s choice. independently of those that can be offered by the company.
However, this training must meet a specific object :
- adapting to a new job;
- promotion in the job held;
- adaptation to new techniques or new company structures;
- preparation for conversion;
- acquisition of new skills or improvement of skills already acquired.
The employee benefiting from individual training leave has right to remuneration for the entire duration of the course provided that it is paid for by an approved organization, Opacif (Joint body for individual training leave). This remuneration is paid by the employer who is then reimbursed by the training organisation.
Its amount is equal to:
- 80% of previous salary (or 90% in certain specific cases: training leading to a technological education qualification, individual retraining objective, training in the exercise of responsibility in social life).
However, if the amount obtained is less than twice the Smic, the remuneration is equal to 100% of the previous salary.
If the internship is approved by the State but has not been paid for by the organization concerned, the State pays the remuneration.
The Training costs, for their part (registration fees, transport, etc.), are not necessarily covered: if the request for payment is accepted, these costs are fully borne by the Opacif. Failing this, the employee, in addition to the fact that he will not be paid, will have to assume the costs linked to the training.
Disabled workers who follow a course approved by the State in a vocational rehabilitation center are also paid by the State.
During the duration of the CIF, the employment contract is suspended but the employee retains some of his rights:
- the duration of paid leave (which is not modified);
- social security and seniority rights;
- the right to exercise the mandates of staff representative or trade union delegate. He also remains an elector and eligible for professional elections;
- rights in terms of economic, social and trade union training leave and training leave for managers and youth leaders.
Note: employees with at least 5 years’ seniority, including 12 months in the company, are also entitled to a skills assessment leave.
Where to go?
To obtain individual training leave, you must contact the running his business.
To find out about the different courses available:
- workers’ organizations (unions, works councils, etc.);
- to the administrations responsible for training (Ministry of Social Affairs and Employment, Ministry of National Education, etc.);
- training centers;
- running his business.
What should be done ?
The employee must formulate in writing (by registered mail with acknowledgment of receipt or letter delivered by hand against discharge) his request 60 days in advance for an internship of less than 6 months or for part-time training, 120 days in advance for training continuous for 6 months or more. The request must indicate the start date of the course, its duration and the name of the training organization.
The benefit of the leave is by right unless the employer considers, after consulting the works council or the staff representatives, that the absence could have detrimental consequences for the smooth running of the company. In this case, he cannot refuse but only postpone the date of the leave by a maximum of 9 months.
The employer must respond within 30 days of receiving the request. If the employer does not respond within this period, he is deemed to have given his consent.
The legislator has provided for a maximum percentage of simultaneous absences for training, percentage beyond which requests may be deferred by the employer:
- in establishments with less than 200 employees, requests may be deferred if the number of hours of leave requested exceeds 2% of the total number of hours worked in the year;
- in establishments with 200 or more employees, leave may be refused if the percentage of absences exceeds 2% of the total number of workers in the establishment.
In all cases, the duration of the training leave cannot exceed one year in the case of a full-time internship and 1,200 hours in the case of internships comprising discontinuous courses. However, these 2 limits can be exceeded by means of collective agreements.
The duration of the leave cannot be deducted from the duration of the annual paid leave.
C. work. : Art. L. 6322-1 to L. 6322-36, L. 6322-64, R. 6322-1. ; R. 6322-1 to R. 6322-27 and D. 6322-79.
Our tips:
Individual training leave is part of “continuing vocational training”, which also includes training courses offered by the employer, within the framework of the training policy established by the company, and training courses for applicants employment. At the end of the leave, the employee returns to his position in the company.