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Professional training

Fromont Briens offers a 360-degree legal package to all training players, enabling them to fully grasp the ever-changing legal framework.

We dedicate our activity to training law and support all those involved in professional training in all the legal issues inherent to their core business (labour law, association law, tax law, public procurement law, intellectual property law, law of obligations, etc.).
We have developed expertise alongside professional branches and employer companies in the design of their training policies as well as the negotiation and drafting of collective agreements on training and/or Employment and Expertise Plans (GPEC). Our support consists of consulting services, assistance and/or representation in pre-litigation and litigation situations, as well as inter-company or intra-company training. We favour long-term partnership relationships with our customers, through annual subscriptions that allow our teams to be as responsive as possible, while meeting our customers' needs. In addition to our counselling activity, we regularly contribute to the development of positive law (writing columns in specialised legal journals, hearings before the National Assembly, drafting amendments, drafting good practice guides and vade-mecum within the French Forum of Digital Training Players (Forum français des acteurs du digital), participation in the National Association of Directors of Human Resources (ANDRH) Employment and Training Commission, etc.).
“We address all legal issues faced by professional training players, with a strong experience on good practices to be implemented and pitfalls to avoid.”

Counsel

  • Legal assistance on all merger operations of training organisations and apprenticeship training centres created in the form of associations ;
  • Creation of training organisations and private technical schools ;
  • Legal audit of training organisations ;
  • Securing contractual relations with the trainers and instructional designers of the training body ;
  • Tax rescript on the VAT regime applicable to a training body subcontracted by apprentice training centres (CFA) ;
  • Securing the process of payment of deductible apprenticeship tax expenses to educational institutions eligible for the ” out-of-quota ” tax ;
  • Drafting/validation of all administrative and contractual documents relating to the training activity (internal rules for trainees, model training and validation of prior experience (VAE) agreements, certificates of completion, etc.).

Litigation

  • On-site and remote support during an inspection of State control officers on the activity of a training body ;
  • Challenging any decisions of the DIRECCTE (Regional Directorates for Enterprises, Competition Policy, Consumer Affairs, Labour and Employment) and in particular decisions to implement financial penalties ;
  • Representation of the client and management of litigation before the administrative courts.
  • Drafting of collective agreements on training and Employment and Expertise Plans (GPEC) ;
  • Assistance in creating corporate universities and internal/corporate apprentice training centres (CFA) ;
  • Implementation of personal training account (CPF) management tools (letter templates, decision tree, draft agreement on a co-investment policy on CPF, etc.) ;
  • Assistance in the development of sector certifications and their recognition by the National Directory of Professional Certification (RNCP / RSCH) (professional qualification certificate (CQP), certificate of professional competence (CPP), etc.) ;
  • Assistance in the elaboration of a mapping of mandatory training within a professional sector and legal securing of the related training leaves ;
  • Assistance in setting up integration schemes through work-study programmes (POE/AFPR articulation and a professional training/ apprenticeship contract) ;
  • Multiple briefings to the sector’s joint bodies (national labour management commission for employment (CPNE), observatories, permanent joint negotiation and interpretation committee (CPPNI) to present/analyse successive reforms in the field of professional training and apprenticeship.

Counsel

  • Legal decryption and analysis of the operational impacts of reforms in the field of professional training and apprenticeship on funders’ activities ;
  • Legal assistance on all restructuring operations by way of mergers or partial contributions of assets between joint funders ;
  • Analysis of the legal framework for public procurement applicable to funders in their capacity as contracting authorities ;
  • Drafting of amendment proposals aimed at securing the legislative framework relating to funders (in particular for non-employee training insurance funds (AFF)) ;
  • Legal support for the conduct of the funder’s governance bodies and related formalities ;
  • Legal analyses relating to the methods used by funders to carry out service and quality controls and securing the related processes.

Litigation

  • Representation of the client and management of litigation proceedings both as plaintiff and defendant before the judicial and administrative courts.

Dedicated team

Sophie Pélicier-Loevenbruck

Partner