Is a temporary worker entitled to leave for a job transition project?
Verified 16 December 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Yes, if you are a temporary worker (often called temporary worker), you can benefit, under conditions, from a leave for a professional transition project (PTP), ex-individual training leave (Cif). Here we present the regulations to be known.
The Career Transition Project (TPP), or Transition CPF, allows you to leave to follow a certifying training allowing you to change your profession or profession.
It replaces the individual training leave (Cif).
You will be granted special leave when you complete all or part of this training during working hours.
The requested training does not need to be related to your activity.
These seniority conditions vary according to your situation.
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General case
To obtain a TPP leave, you must meet 2 conditions cumulative :
- 1,600 hours of acting service in the last 18 months
- Of these 1,600 hours, 600 must have been worked in the temporary work company or group of temporary work companies where you make the request.
This seniority condition must be met by the day of your departure for training.
If you are in DTADTA : Contract of employment of indefinite duration, periods without the performance of a mission shall be taken into account for the calculation of seniority.
Beneficiary of the employment obligation
There is no seniority requirement if you are under the employment obligation, that is, if you are in particular in any of the following 7 situations:
- You are recognized disabled worker (RQTH)
- Accident at work You are a victim of an occupational disease or a permanent incapacity of at least 10% and get an annuity
- You're touching a invalidity pension provided that such invalidity reduces the working capacity by at least 2/3
- You are a former (and related) member of the military and receive a military disability pension
- You are volunteer fireman and receive an invalidity allowance or annuity awarded because of an accident or illness contracted in service
- You have the mobility inclusion card (MIC) disability rating
- You're touching Disabled Adult Allowance (DAA).
Licensee
There is no seniority requirement if you meet the 2 conditions following:
- You have changed jobs as a result of being dismissed for economic reasons or incapacity
- You did not take any training action between your dismissal and your re-employment.
Absence from work in the last 24 months
There is no seniority requirement if you have known within 24 months (2 years) of your request Training course:
- Either an absence from work resulting from an occupational disease
- Accident at work Either an absence from work of at least 6 months, consecutive or otherwise, resulting from a non-occupational disease, illness or accident.
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General case
To obtain a TPP leave, you must meet 2 conditions cumulative :
- 1,600 hours of acting service in the last 18 months
- Of these 1,600 hours, 600 must have been worked in the temporary work company or group of temporary work companies where you make the request.
This seniority condition must be met by the day of your departure for training.
If you are in DTADTA : Contract of employment of indefinite duration, periods without the performance of a mission shall be taken into account for the calculation of seniority.
Beneficiary of the employment obligation
There is no seniority requirement if you are under the employment obligation, that is, if you are in particular in any of the following 7 situations:
- You are recognized disabled worker (RQTH)
- Accident at work You are a victim of an occupational disease or a permanent incapacity of at least 10% and get an annuity
- You're touching a invalidity pension provided that such invalidity reduces the working capacity by at least 2/3
- You are a former (and related) member of the military and receive a military disability pension
- You are volunteer fireman and receive an invalidity allowance or annuity awarded because of an accident or illness contracted in service
- You have the mobility inclusion card (MIC) disability rating
- You're touching Disabled Adult Allowance (DAA).
Licensee
There is no seniority requirement if you meet the 2 conditions following:
- You have changed jobs as a result of being dismissed for economic reasons or incapacity
- You did not take any training action between your dismissal and your re-employment.
Absence from work in the last 24 months
There is no seniority requirement if you have known within 24 months (2 years) of your request Training course:
- Either an absence from work resulting from an occupational disease
- Accident at work Either an absence from work of at least 6 months, consecutive or otherwise, resulting from a non-occupational disease, illness or accident.
Your request for leave must include information following:
- Training action start date
- Designation and duration of this training
- Name of the organization responsible for the project
- Name and date of the examination concerned.
You must obtain a written leave of absence from your temporary work company.
A minimum deadline must also be respected.
It varies according to the length of the leave.
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Leave of less than 6 months or part-time training
The request must be made to minimum 60 days before the beginning of the holiday.
Leave of 6 months or more
Part-time training
The request has to be made at least 60 days before the beginning of the holiday.
Full-time training
The request has to be made at least 120 days before the beginning of the holiday.
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Leave of less than 6 months or part-time training
The request must be made to minimum 60 days before the beginning of the holiday.
Leave of 6 months or more
Part-time training
The request has to be made at least 60 days before the beginning of the holiday.
Full-time training
The request has to be made at least 120 days before the beginning of the holiday.
The temporary company of work must respond within 30 days.
They can accept the training, but they can also refuse it or delay it.
FYI
If this 30-day period is exceeded, the authorization shall be presumed to be granted.
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Training is denied
The temporary company of work may refuse the application only if you do not meet the conditions to apply (the application is not specific enough or the deadline to apply is not met).
Training is delayed
The temporary company of work may defer leave is granted only if the date of application and the date of departure on leave occur during the same mission.
It shall state the reasons for its decision.
However, the postponement of the authorization is impossible in any of the following cases:
- The aim of the training is to obtain a qualification in a different sector of activity
- The duration of the training is more than 1200 hours.
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Training is denied
The temporary company of work may refuse the application only if you do not meet the conditions to apply (the application is not specific enough or the deadline to apply is not met).
Training is delayed
The temporary company of work may defer leave is granted only if the date of application and the date of departure on leave occur during the same mission.
It shall state the reasons for its decision.
However, the postponement of the authorization is impossible in any of the following cases:
- The aim of the training is to obtain a qualification in a different sector of activity
- The duration of the training is more than 1200 hours.
You must apply for financial support for the training costs. This request is made to the regional inter-branch joint committee (RIJC), also known as Transitions Pro association. The competent RIPC shall be that of the principal place of residence or the place of work.
This request is accompanied by a number of documents (examples: leave of absence issued by your employer if the training takes place in whole or in part during working time).
This is done by:
- During your contract or at the latest 4 months after the end of your last contract (date of submission of the application)
- And on condition that the training begins at later than 6 months after the end of your contract.
The Commission shall assess whether the proposed training is possible under a TPP.
Example :
Your contract ends on March 31. You can apply for funding until July 31 if the training starts no later than 6 months after the end of the contract, i.e. the end of September.
Check with your regional commission (association Transitions Pro) that it has not adopted any other rules.
In practice, you may be asked to submit the complete application no later than 3 months before the start of the training.
Who shall I contact
Your regional commission takes charge all or part costs linked to the educational cost.
FYI
Support of all or part of the ancillary costs (transportation, meals, accommodation) by the ICRC is possible.
A distinction must be made between training and non-training during working hours.
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During working time
Your remuneration during the TPP varies depending on your reference salary.
The latter is calculated on the basis of the average salaries received during the last 600 hours of assignment on behalf of the temporary company of work in which you requested to be absent.
A distinction must be made according to whether or not the average reference salary is above 2 Smic.
Average reference salary above 2 Smic
The remuneration depends on the length of the work transition leave.
Leave not exceeding 1 year
If the average reference salary (SR) of the employee is more than €3,603.60, the remuneration shall be equal to 90% of the SR, where the duration of the vocational transition leave does not exceed 1 year or 1 200 hours for fragmented or part-time training.
Leave of more than 1 year
If the average reference salary (SR) of the employee is more than €3,603.60, the remuneration shall be:
- 90% of SR for 1re training year or for the first 1,200 hours of training, where the duration of the TPP is more than 1 year or 1,200 hours for fragmented or part-time training
- 60% of the SR for subsequent years or from 1201e time,
After one year, the amount of remuneration received may not be less than an amount equal to €3,603.60.
Average reference salary of 2 Smic or less
Where the average reference salary of the employee is less than or equal to €3,603.60, the remuneration received under the TPP is equal to 100% of the average reference salary.
Totally outside working time
If training takes place totally outside working time, the Regional Inter-professional Joint Committee (RIJC) shall decide only on the reimbursement of teaching costs.
There is therefore no request to assume responsibility for remuneration.
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During working time
Your remuneration during the TPP varies depending on your reference salary.
The latter is calculated on the basis of the average salaries received during the last 600 hours of assignment on behalf of the temporary company of work in which you requested to be absent.
A distinction must be made according to whether or not the average reference salary is above 2 Smic.
Average reference salary above 2 Smic
The remuneration depends on the length of the work transition leave.
Leave not exceeding 1 year
If the average reference salary (SR) of the employee is more than €3,603.60, the remuneration shall be equal to 90% of the SR, where the duration of the vocational transition leave does not exceed 1 year or 1 200 hours for fragmented or part-time training.
Leave of more than 1 year
If the average reference salary (SR) of the employee is more than €3,603.60, the remuneration shall be:
- 90% of SR for 1re training year or for the first 1,200 hours of training, where the duration of the TPP is more than 1 year or 1,200 hours for fragmented or part-time training
- 60% of the SR for subsequent years or from 1201e time,
After one year, the amount of remuneration received may not be less than an amount equal to €3,603.60.
Average reference salary of 2 Smic or less
Where the average reference salary of the employee is less than or equal to €3,603.60, the remuneration received under the TPP is equal to 100% of the average reference salary.
Totally outside working time
If training takes place totally outside working time, the Regional Inter-professional Joint Committee (RIJC) shall decide only on the reimbursement of teaching costs.
There is therefore no request to assume responsibility for remuneration.
The duration of the leave shall be treated as a mission period for the calculation of seniority and leave entitlements.
You hold a training assignment contract.
You retain your social protection rights.
Warning
If training takes place non-working time, you can apply to the regional inter-professional joint commission (IRJC) to ensure that you have social protection.
If you've already had a TPP, you have to wait a certain amount of time, says period of exemption, before it can benefit from another TPP.
This period shall be expressed in months. It is equal to 10 times the duration of the previous job transition project, expressed in months.
This period of grace may not be less than 6 months (minimum period) and may not exceed 6 years (maximum period).
Example :
You've had a 9-month TPP. Thus, this period of grace is 90 months (9*10) or 7.5 years. This figure is above the 6-year ceiling. The time limit is therefore 6 years.
You can talk to a Career Development Advisor (CEC) about this project.
He can help you for free in your efforts.
It is not the same depending on where you live.
Conditions of seniority
Request for PTP leave
Remuneration arrangements
Assimilation of training periods to a period of assignment