Work-Study Contracts in France: Rights and Salary Guide

A real springboard into employment, the alternance (work-study program) attracts hundreds of thousands of young people and career-changing professionals in France every year. This system, which combines theoretical training with practical experience in a company, comes in two main forms: the contrat d'apprentissage (apprenticeship contract) and the contrat de professionnalisation (professionalisation contract). For work-study participants, whether they are French citizens or foreign residents, navigating between the Code du travail (French Labour Code), salary scales, and social rights can be complex. This comprehensive guide, written by our experts, details your rights, your remuneration, and the essential steps to successfully secure your work-study journey in full legal safety.

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Contrat d’apprentissage vs Contrat de professionnalisation: The Fundamental Distinctions

Although these two contracts share the common goal of professional integration through work-study, they are governed by distinct legal frameworks defined by the Code du travail.

The contrat d'apprentissage (initial education)

The contrat d'apprentissage is a employment contract of a special type concluded between an apprentice (or their legal representative) and an employer. Governed by Article L. 6221-1 of the Code du travail, its objectives and target audience are highly specific:

• Target audience: Young people aged 16 to 29 completed years (under 30). Exemptions beyond 30 years old are possible, notably for workers recognized as disabled (no age limit), business creators or buyers, or high-level athletes.
• Objective: To obtain a state diploma (CAP, Bac pro, BTS, Licence, Master) or a professional qualification registered in the Répertoire national des certifications professionnelles (RNCP - National Directory of Professional Certifications).

The contrat de professionnalisation (continuing education)

The contrat de professionnalisation falls within the scope of continuing professional education, regulated by Article L. 6325-1 of the Code du travail:

• Target audience: Young people aged 16 to 25 completed years, job seekers aged 26 and over, as well as beneficiaries of social minimum benefits such as the RSA (active solidarity income), ASS (specific solidarity allowance), or AAH (disabled adult allowance).
• Objective: To acquire a professional qualification registered in the RNCP, recognized in the classifications of a national collective bargaining agreement, or leading to a CQP (certificate of professional qualification).

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Work-Study Remuneration: Scales, Amounts, and Exemptions

Work-study remuneration is not fixed: it is calculated as a percentage of the SMIC (French minimum wage) or, if more favorable, the SMC (minimum conventional salary) of the company's industry branch.

As of November 1, 2024, the gross monthly SMIC amount is €1,801.80 (based on a 35-hour work week).

1. The salary scale for the contrat d'apprentissage

The apprentice's salary increases according to their age and their progress in the training cycle (Article G. 6222-1 of the Code du travail). The applicable percentages based on the SMIC (€1,801.80) are as follows:

| Age Group | 1st Year | 2nd Year | 3rd Year |

| :--- | :--- | :--- | :--- |

| Under 18 | 27% (i.e., €486.49) | 39% (i.e., €702.70) | 55% (i.e., €990.99) |

| 18 to 20 | 43% (i.e., €774.77) | 51% (i.e., €918.92) | 67% (i.e., €1,207.21) |

| 21 to 25 | 53% (i.e., €954.95) | 61% (i.e., €1,099.10) | 78% (i.e., €1,405.40) |

| 26 and over | 100% (i.e., €1,801.80) | 100% (i.e., €1,801.80) | 100% (i.e., €1,801.80) |

Note: For apprentices aged 21 to 25, the percentage applies to the SMIC or to the minimum conventional salary corresponding to the job held if it is more favorable.

2. The salary scale for the contrat de professionnalisation

Here, remuneration varies according to age and the level of initial education of the work-study student (non-professional qualification or diploma lower than a baccalaureate vs. qualification or diploma equal to or higher than a professional baccalaureate).

| Age Group | Level lower than Bac | Level equal to or higher than Bac |

| :--- | :--- | :--- |

| Under 21 | 55% of the SMIC (i.e., €990.99) | 65% of the SMIC (i.e., €1,171.17) |

| 21 to 25 | 70% of the SMIC (i.e., €1,261.26) | 80% of the SMIC (i.e., €1,441.44) |

| 26 and over | 100% of the SMIC or 85% of the minimum conventional salary (whichever is higher) | 100% of the SMIC or 85% of the minimum conventional salary (whichever is higher) |

3. Tax regime and social security contributions: A major advantage for apprenticeships

The contrat d'apprentissage benefits from an extremely advantageous legal framework regarding social contributions and income tax:

• Exemption from employee social contributions: The apprentice's salary is exempt from social security contributions for the portion lower than or equal to 79% of the SMIC (Article L. 6243-2 of the Code du travail). An apprentice's net salary is therefore very close to their gross salary.
• Income tax: Salaries paid under a contrat d'apprentissage are exempt from income tax up to the annual sum of the SMIC (approximately €21,622 per year). Only any surplus must be declared.
• CSG/CRDS: The apprentice's salary is completely exempt from CSG and CRDS (French social debt and security contributions).

Please note: These specific exemptions do not apply in the same way to the contrat de professionnalisation, whose tax and social regime is closer to that of an ordinary employee.

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Rights of Work-Study Students: Full Employee Status

Whether in an apprenticeship or professionalisation contract, the work-study student is, above all, an employee. As such, they benefit from the same individual and collective rights as other members of the company's staff (Article L. 6222-23 of the Code du travail).

Working hours and rest periods

• Legal working hours: Working hours are set at 35 hours per week. Time spent in theoretical training (at a CFA - apprentice training centre or training organization) is considered actual working time and is paid as such.
• Overtime: Adult work-study students may work overtime at their employer's request, within legal limits. These hours must be paid at an increased rate or compensated with time off.
• Minors: Strict protective rules apply to minors (no more than 8 hours per day, prohibition of night work between 10 p.m. and 6 a.m. except for specific sector exemptions, and a minimum weekly rest of 2 consecutive days).

Paid leave and specific leave

• Annual leave: Like any employee, the work-study student accrues 2.5 working days of paid leave per month of actual work, which equates to 30 working days (5 weeks) per year.
• Exam leave (Apprenticeship): For direct preparation of exams, the apprentice is entitled to an additional paid leave of 5 working days within the month preceding the exams (Article L. 6222-35 of the Code du travail). The employer must grant this time to attend classes specifically organized by the CFA.
• Family leave: Maternity, paternity, marriage, PACS (civil partnership), or bereavement leave are accessible under the same conditions as for any employee.

Company benefits and financial aid

Work-study students have a legal right to access benefits set up within the company:

• Coverage of transport costs: Mandatory reimbursement of at least 50% of public transport subscriptions for the commute between home and work (Article L. 3261-2 of the Code du travail).
• Titres-restaurants (meal vouchers) or access to the company cafeteria under the same conditions as other employees.
• Driving licence aid (Apprentices): State aid of a flat-rate amount of €500 is granted to adult apprentices to finance the preparation of the Category B driving licence.
• Housing aid: Priority access to the Visale scheme (free rental deposit guarantee) and Mobili-Jeune aid (a subsidy of up to €100 per month for rent).

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Concrete Examples of Salary Calculations

To better understand how these rules apply, here are two concrete simulations.

Example 1: Lucas, 20 years old, in the 2nd year of an apprenticeship contract

Lucas is preparing a BTS diploma through a work-study program in a logistics company. He celebrated his 20th birthday just before starting his second contract year.

• Calculation base: Gross monthly SMIC = €1,801.80.
• Applicable rate: For an apprentice aged 18 to 20 in their 2nd year, the rate is 51%.
• Gross salary calculation: €1,801.80 x 51% = €918.92.
• Net salary received: Since Lucas's gross salary is lower than 79% of the SMIC, it is fully exempt from employee social contributions. His net salary will therefore be equal to his gross salary, i.e., €918.92 per month (excluding any deductions for the company's private health insurance).

Example 2: Sarah, 24 years old, holder of a Bac +2, on a professionalisation contract

Sarah signs a contrat de professionnalisation to prepare a Licence Professionnelle (Bac +3 / Bachelor's degree equivalent).

• Calculation base: Gross monthly SMIC = €1,801.80.
• Applicable rate: Being between 21 and 25 years old and holding a qualification equal to or higher than the Bac, she must receive at least 80% of the SMIC.
• Gross salary calculation: €1,801.80 x 80% = €1,441.44.
• Net salary received: Unlike apprenticeships, standard employee social contributions apply (approximately 22%). Her estimated net salary will be around €1,124.32 per month.

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Practical Steps to Secure Your Work-Study Contract: Step-by-Step

To ensure your entry into a work-study program goes smoothly and legally, carefully follow these key steps:

1. Validate academic registration: Ensure you are formally admitted to a Centre de Formation d'Apprentis (CFA) or an authorized training provider.

2. Draft and sign the employment contract: The contract must be formalized using the official regulatory form *Cerfa n°1010310 for apprenticeships or Cerfa n°1243404 for professionalisation. It must mention the apprentice master (maître d'apprentissage*), the work-study rhythm, and the planned salary.

3. Submit the contract for registration: The employer must send the signed contract to the approved OPCO (Skills Operator) of their professional branch at the latest within 5 working days following the start of the contract's execution.

4. Undergo the hiring medical examination: The work-study student must undergo a mandatory information and prevention visit (VIP) with the occupational health service within 2 months of being hired (or before hiring for minors).

5. For non-EU foreign residents: You must obtain a temporary work permit (APT - autorisation provisoire de travail) or hold a valid residence permit marked "student", which authorizes work within the limit of 60% of the annual working time (work-study programs benefit from specific exemption rules regarding working hours, subject to validation by the préfecture).

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Mistakes to Avoid

• Accepting unpaid or uncompensated overtime: Under the pretext of your student or learner status, the employer cannot exempt themselves from paying for hours worked beyond the standard 35 hours.
• Confusing an internship with a work-study contract: An intern receives a minimum monthly allowance (gratification) not subject to minimum wage rules, whereas a work-study student is an employee holding an employment contract that entitles them to a percentage of the SMIC.
• Neglecting the trial period (unilateral termination): In an apprenticeship, the contract can be terminated freely by either party during the first 45 days (consecutive or not) of practical training in the company (Article L. 6222-18). After this period, termination must be by mutual agreement or judicial decision.
• Forgetting to declare age group changes: Your salary must be automatically adjusted on the first day of the month following your birthday if you change age groups during the contract.

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FAQ (Frequently Asked Questions)

Is a work-study student entitled to unemployment benefits after their contract?

Yes. Since apprenticeship and professionalisation contracts are private-law employment contracts, they grant access to the return-to-work allowance (ARE) paid by France Travail (formerly Pôle Emploi), subject to proving the minimum required affiliation period (at least 6 months of work during the last 24 months).

What happens if I fail my exam?

Failing the exam does not retroactively cancel the contract. Furthermore, in the event of failing to obtain the targeted diploma or title, the apprenticeship can be extended for a maximum of one year with the same employer or another, to allow for a new attempt at the exams.

Can my employer force me to work during my class hours?

No. Time spent at the CFA or school is mandatory working time. The employer cannot keep you at the company during your theoretical training hours. Such behavior constitutes a serious breach of their contractual obligations.

Can foreign residents do a work-study program in France?

Yes, but under certain conditions. Citizens of the European Union, EEA, and Switzerland have free access. For other foreign nationals, it is generally necessary to have completed a first year of study in France under a "student" status before being allowed to sign an apprenticeship contract, or to obtain a specific work authorization.

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Summary

• Employee status: The work-study student enjoys the same collective and individual rights as any other employee in the company.
• Guaranteed minimum wage: Calculated as a percentage of the SMIC (€1,801.80 gross as of 01/11/2024) based on age and progress in the training cycle.
• Tax benefits: Total exemption from income tax for the apprentice up to the annual limit of the SMIC, and virtually no employee social contributions below the threshold of 79% of the SMIC.
• Leave and training: Entitlement to 5 weeks of paid leave per year, plus a specific 5-day leave for exam preparation in apprenticeship contracts.
• Specific trial period: Possibility to unilaterally terminate the apprenticeship contract during the first 45 days of actual presence in the company.

Legal information for guidance only, not personalised legal advice. For your specific situation, ask your question free of charge on AvocatAI — answers based on French law, in your language.