Professionalization contract: changes to the filing procedure.

We told you a few weeks ago about the new provisions regarding professionalization contracts, (Cf our article Here), here is a correction of the procedureédure of dépôt of file.

A décret simplifying the dédure procedure for registering professionalisation contracts has just appearedître. (décret N°2011-535 du 17 mai 2011, J.O. du 19-05-11).

These provisions apply to déposés à contracts as of May 20, 2011.

Unchanged, the employer must send the professionalization contract (Cerfa form) à the Organisme Paritaire Collecteur Agréé (OPCA) no later than 5 days after the contract is signed. The contract must êbe accompaniedé by the appended document which specifies the objectives, the program and the methods oféorganization, ’éevaluation and sanction of the training.

Newé : the OPCA now has 20 days (compared with 1 month previously) to decide whether or not to cover the training costs. The OPCA notifies the employer of its decision à and submits the contract, together with the decision, to the regional directorate for business, consumer affairs, labor and employment (Direccte) in the place where the contract is executed. If the OPCA does not respond within 20 days, the reimbursement is accepted.

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In addition, the dépôt to the Direccte is in the form of aématérialisée. The Direccte no longer has to à register the contract, nor à rule on the application for reimbursement. Only the OPCA can check that the contract's stipulations do not conflict with à a legal provision or à a conventional stipulation in force. If coverage is refused for this reason, the organization must inform the employer and the employee of this fact. Article D.6325-3  of the Labor Code, which set out the procedures for appealing to the Direccte, has been érepealedé. Only a contention appeal is now possible...