Pursuant to articles L6352-3 and L6352-4 and R6352-1 to R6352-15 of the French Labour Code
ARTICLE 1- PURPOSE AND SCOPE
These bylaws shall apply to all persons taking part in a training activity organized by EuroCompliance. They are available on the EuroCompliance website (Legal Information tab) and upon request during each training session. The bylaws contain the health and safety rules, and the general and permanent rules on discipline, including the nature and scale of penalties which may be imposed on the beneficiaries of the training sessions who breach them, and the applicable procedural guarantees when sanctions are levied. All persons shall comply with the terms of these bylaws throughout the duration of the training activity.
SECTION 1: HEALTH AND SAFETY RULES
ARTICLE 2 – GENERAL PRINCIPLES
Accident risk prevention is imperative and requires everyone to respect:
- the applicable rules on health and safety on the training premises;
- all instructions imposed by the management of the training organization, the trainer or the managers of the premises where the training activity is carried out.
Each beneficiary must therefore ensure his or her personal safety and the safety of others. If it becomes apparent that the safety system is malfunctioning, the trainer or the management of the training organization must be informed immediately. Failure to comply with these instructions exposes the person to disciplinary action.
ARTICLE 3 – FIRE SAFETY PROCEDURES
Fire safety procedures, including the location of fire extinguishers and emergency exits, shall be posted in the training areas. The beneficiary must take note of them. In the event of an alarm, the beneficiary must cease all training activities and calmly follow the instructions of the authorized representative or the emergency services. Any beneficiary who witnesses the start of a fire should immediately call for help by dialing 18 from a standard phone or 112 from a mobile phone, and alert a representative of the training organization.
ARTICLE 4 – ALCOHOLIC BEVERAGES AND DRUGS
The possession or consumption of drugs or alcoholic beverages during training is strictly prohibited.
ARTICLE 5 – SMOKING PROHIBITION
Smoking is strictly prohibited during training.
ARTICLE 6 – ACCIDENTS
The beneficiary who is the victim of an accident – occurring during the training or during the journey between the training premises and his or her home or workplace – or the witness to such accident shall immediately notify the management of the training organization. The person in charge of the training organization shall take the appropriate steps to provide assistance and shall file a declaration with the applicable Social Security Fund.
SECTION 2: GENERAL DISCIPLINE
Article 7 – ATTENDANCE OF TRAINEES
Article 7.1. – Training hours
The beneficiaries must comply with the schedules organized and communicated in advance by the training organization. Failure to respect these schedules may result in sanctions. Except under exceptional circumstances, beneficiaries may not be absent during the traineeship.
Article 7.2. – Absences, delays or early departures.
In the event of an absence, delay or departure before the scheduled time, the beneficiaries must notify the training organization and provide reasons. The training organization immediately informs the funder (employer, administration, Fongecif, Region, Job Center, etc.) of this occurrence. Any occurrence not justified by exceptional circumstances constitutes misconduct and is subject to disciplinary sanctions. In addition, pursuant to Article R6341-45 of the Labor Code, the beneficiary – who is paid by public authorities – may be subjected to a deduction from his/her probationary remuneration in proportion to the duration of the absence.
Article 7.3. – Formal rules applicable to the training
The beneficiary must complete the attendance sheet as the activity progresses. He or she may be asked to carry out an assessment of the training. At the end of the training activity, a certificate of completion of the training and a certificate of attendance shall be provided, as appropriate, to the employer/administration or to the body financing the activity. At the earliest opportunity, the beneficiary shall provide the training organization with the documents it is required to complete as a service provider (request for remuneration or payment of costs related to the training; certificates of registration or traineeship, etc.).
ARTICLE 8 – CONDUCT
All beneficiaries are required to behave in such a way as to ensure that the basic rules of social conduct and of behavior in a group setting and during training courses are respected. In particular, beneficiaries must:
- restrict cellphone use to exceptional circumstances and leave the training room to take calls;
- not use their personal equipment (computers, tablets, smartphones, etc.) to perform work unconnected with the training activity.
ARTICLE 9 – DRESS CODE
The beneficiary is invited to report to the organization in the correct attire.
SECTION 3: DISCIPLINARY MEASURES
ARTICLE 10 – DISCIPLINARY PENALTIES
Before any penalty is issued, a beneficiary’s inappropriate behavior is noted by the applicable trainer in a logical manner.
If, despite an exchange between the parties, the situation persists, any failure by the beneficiary to comply with any of the requirements of these bylaws may be the subject of a penalty imposed by the head of the training organization or his representative. Any action regarded as wrongful may, depending on its nature and gravity, be subject to one or another of the following penalties: call to order; temporary exclusion from training; definitive exclusion from training. The person in charge of the training organization or his representative shall inform the employer of the beneficiary employee, or the administration of the beneficiary agent, and/or the person financing the traineeship, of the imposed penalty.
ARTICLE 11 – DISCIPLINARY GUARANTEES
No penalty may be imposed on the beneficiary unless they have been informed in advance of the objections levied against them.
ARTICLE 12 – DISCIPLINARY PROCEDURES
Since the EuroCompliance training activities are short in duration (4 to 35 hours), the penalties are communicated following an oral exchange with the beneficiary (or their employer in their absence). The penalty shall be confirmed by letter sent with acknowledgment of receipt, stating the facts, the date, and the communication of the objections raised against the beneficiary, and the applicable penalty.