Rules of procedure
The regulations (articles L. 6352-3 and s. and R. 6352-1 of the French Labor Code) require training organizations to establish internal rules.
The latter must:
- determine the main applicable health, safety and security measures;
- set the rules applicable in terms of discipline, in particular the nature and scale of the sanctions applicable to vocatinal training trainees, as well as the rights of vocational training trainees in the event of a sanction;
- recall the legal provisions relating to the prohibition of any practice of moral and sexual harassment, and sexist acts.
In addition, these internal regulations set the rules for the organization of collective life and the organization of training. It will be attached to each trainee of each meeting or will be available for consultation on this page of our website formation.irsn.fr.
Title 1 – Scope
Article 1 – Subject persons
This internal regulations apply to all professional training trainees folowing a training action organized by IRSN Academy within the framework of a system provided by Book 6 of the French Labor Code. Each trainee is deemed to accept the terms of these internal regulations when they follow training provided by IRSN Academy and is deemed to accept that measures be taken against them in the event of non-compliance with these internal regulations.
Article 2 – General health and safety rules
Each trainee must ensure his personal safety and that of others by respecting, depending on his training, the general and specific safety instructions in force at the training sites, as well as in terms of hygiene.
In accordance with the article R.6352-1 of the French Labor Code, when the training takes place in a company or in an establishment that already has internal regulations, the applicable health and safety measures are those of the internal regulations of that establishment.
In this case, only the measures of the internal regulations of the company or the establishment relating to health and safety apply to the trainees mentioned in article 1 of these internal regulations.
Title 2 – Prevention of sexual harassment, sexist acts and moral harassment
The articles of the French Labor Code (article L.1153-1, L.1553-2, L.1553-3, L.1553-4, L.1553-6, L.1552-1, L.1552-2, and L.1552-5) relating to moral harassment, sexual harassment and sexist acts apply to trainees in vocational training.
Article 3 – Sexual harassment and sexist acts
« No [trainee] shouls suffer facts:
1° Either sexual harassment, consisting of repeated comments or behavior with a sexual or sexist connotation that either undermines his dignity because of their degrading or humiliating nature, or creates an intimidating, hostile or offensive situation against him or her;
Sexual harassment also consists of:
a) When the same [trainee] is subjected to such remarks or behavior from several people, in a concerted manner or at the instigation of one of them, even though each of these people has not acted repeatedly;
b) When the same [trainee] is subjected o such remarks or behavior, successively, coming from several people who, even in the absence of consultation, know that these remarks or behavior characterize a repetition.
2° Either assimilated to sexual harassment, consisting of any form of serious pressure, even if not repeated, exerted with the real or apparent aim of obtaining an act of a sexual nature, whether this is sought for the benefit of the perpetrator or for the benefit of a third party. »
« No [trainee] may be sanctionned […] or be the subject of a discriminatory measure, direct or indirect, […] for having suffered or refused to suffer acts of sexual harassment as defined in Article L.1153-1, including, in the case mentioned in 1° of hte same article, if the remarks or behavior have not been repeated ».
« No [trainee] may be sanctioned […] or be the subject of a discriminatory measure for having testified to acts of sexual harassment or for having reported them ».
« Any provision or act contrary to the provisions of Articles L.1153-1 to L.1153-3 is void. »
In addition, « any [trainee] who has committed acts of sexual harassment is liable to disciplinary action ».
Article 4 – Moral harassment
« No [trainee] shall be subject to repeated acts of moral harassment which have as their purpose or effect a deterioration of their working conditions likely to undermine their rights and dignity, to alter their physical or mental health or to compromise his or her professional future ».
« No [trainee] may be sanctionned […] or be the subject of a discriminatory measure, direct or indirect […] for having suffered or refused to suffer repeated acts of moral harassment or for having testified to such acts or having reported them. »
« [Any trainee] who has carried out acts of moral harassment is liable to a disciplinary sanction ».
Title 3 – Collective life
Article 5 – Hygiene and safety rules
Trainees are required to comply with the health and safety instructions posted on IRSN Academy premises.
The refusal of a trainee to comply with the requirements relating to health and safety may result in one of the penalties provided for in these regulations.
It is the responsibility of each trainee to take care, according to his training and according to his possibilities, of his safety and health as well as those of the other persons affected by his acts or omissions.
To do this, all trainees must comply with the instructions appearing in these internal regulations as well as those appearing in the internal regulations of the establishment in which the training is provided or those that may be notified to them individually.
Article 6 – Fire instructions
In accordance with Articles R. 4227-28 and seq. of the French Labor Code, fire instructions and in particular a plan for the location of fire extinguishers and emergency exits are displayed in the training premises so that all trainees are familiar with them. Trainees are required to immediately carry out the evacuation order given by the trainer or an IRSN employee. The instructions, in force in the establishment, to be observed in the event of danger and especially fire, must be scrupulously respected.
Article 7 – Accident
Any accident or incident occurring during training mus be immediately declared by the injured trainee or persons who witnessed the accident, to the person in charge of IRSN Academy.
In accordance with Article R 6342-3 of the French Labor Code, the accident occurring to the trainee while he is in the training organization or while he is going there or returning from it, is the subject of a declaration by the head of the training center to the social security fund.
Article 8 – Dress and behavior
Trainees are asked to come to IRSN Academy in decent dress and behave correctly towards anyone present in the organization.
Article 9 – Prohibitions
Pursuant to Decree n° 92-478 of May 29, 1992 setting the conditions for the application of the ban of smoking in places assigned for collective use, it is forbidden to smoke (including electronic cigarettes) in the meeting rooms courses and in the premises of IRSN Academy. Outdoor spaces are dedicated to smokers.
It is forbidden to introduce, consume, give or sell alcoholic beverages or psychotropic drugs within the training site and to encourage their introduction, consumption, transfer and sale.
Article 10 – Maintenance of premises and equipment in good condition
The training premises available to trainees must be left clean and in order. Trainees are asked not to throw anything on the ground and to use the trash cans to dispose of their rubbish. The trainees concerned may be asked to put the premises in order.
Each trainee has the obligation to keep in good condition the equipment entrusted to him for his training. Trainees are required to use the material in accordance with its purpose: the use of the material for other purposes, in particular personal, is prohibited.
Tools and machines should only be used in the presence of a trainer and under supervision.
Any anomaly in the operation of the machines and equipment and any incident must be immediately reported to the trainer in charge of the training followed.
Moreover, any damage to the equipment must be reported immediately.
Article 11 – Knowing how to live in community
Each trainee must respect the basic rules of good manners and social skills. Any insult, aggresive behavior, incivility is prohibited, especially when this behavior is likely to be penalized.
In order to guarantee the respect and expression of rights, personal convictions and individual freedoms, trainees are required to adopt a behavior that respects the principles of freedom and dignity for all. The personal convictions of each person must therefore not, under any circumstances, have the effect of contributing to a direct or indeirect deterioration of professional and human relations.
In compliance with the provisions of Article L.1321-2-1 of the French Labor Code, trainees must abstain from any ostentatious manifestation in the expression of their political, philosophical or religious convictions.
Article 12 – Liability of the organization in the event of theft or damage to the trainees personal property
IRSN Academy declines all responsibility in the event of loss, theft or damage to personal items of any kind left by trainees within its premises (classroom, workshops, administrative premises, car parks, changing rooms, etc.).
Title 4 – Organization of face-to-face and remote training
Article 13 – Schedules, absence and delays
The training schedules are set by IRSN Academy and brought to the attention of the trainees either by posting or when the training program is given to the trainees. Trainees are required to respect these training hours under penalty of the following provisions:
- In case of absence or delay in training, trainees must notify the trainer or the secretariat of the organization in charge of the training and justify it. In addition, trainees may not be absent during training hours, except in exceptional circumstances specified by IRSN Academy.
- When the trainees are employees in training as part of the training plan, IRSN Academy must inform the company of these absences. Any absence or delay not justified by particular circumstances constitutes an offense liable to disciplinary sanctions.
- In addition, for trainees seeking employment remunerated by the State or a region, unjustified absences will entail, pursuant to Article R 6341-45 of the French Labor Code, a deduction of remuneration proportional to the duration of the said absences.
Moreover, the trainees are required to fill in or sign obligatorily and regularly, as the action unfolds, the certificate of attendance, and at the end of the training the training evaluation.
Article 14 – Access to IRSN Academy premises
Unless expressly authorized by IRSN Academy, trainees having access to the premises for following their training may not:
- Enter or remain there for other purposes;
- Introduce, cause to be introduced or facilitate the introduction of persons from outside of IRSN Academy, nor of goods intended to be sold to staff or other trainees.
Article 15 – Recordings
It is strictly forbidden, except for express derogation and signature of image rights, to record or film training sessions.
Article 16 – Pedagogical documentation
The educational documentation provided during the training sessions is protected by copyright and may not be reused other than for strictly personal use. In particular, their reproduction by any process whatsoever is prohibited.
Title 5 – Disciplinary procedure and sanction
Trainees must refrain from any act motivated by the intention to harm the property, people, information assests or even the reputation of IRSN Academy or the establishment in which the training takes place. Any act of this nature may lead to one of the disciplinary sanctions provided for below and/or the initiation of legal proceedings.
Article 17 – Disciplinary procedure
Any breach by the trainee of one of the requirements of these rules of procedure may be subject to a sanction.
Constitutes a sanction within the meaning of Article R 6352-3 of the French Labor Code any measure, other than verbal observations, taken by the person in charge of IRSN Academy, following an act of the trainee considered by him/her to be at fault, that this measure is likely to affect immediately or not the presence of the person concerned in the training or to call into question the continuity of the training he receives.
Depending on the seriousness of the violation found, the sanction may consist of:
- Either in a warning;
- Either in a reprimand or a call to order;
- Either in a permanent measure (it is recalled that in the agreement entered by the organization with the State or the Region, specific provisions are defined in the event of application of the sanctions set out above).
Fines or other pecuniary sanctions are prohibited.
The head of IRSN Academy must inform of the sanction taken:
- The employer, when the trainee is an employee benefiting from a training as part of the company training plan;
- The employer and the joint body which has borne the training expenses, when the trainee is an employee benefiting from training as part of a training leave.
Regardless of the faulty behavior highlighted in the previous articles, the following faults may be subject to a sanction:
- refusal to comply with the agreed health and safety conditions;
- unjustified absence;
- characterized insubordination;
- violation of the ban of smoking and vaping;
- breach of confidentiality obligations;
- incivility towards other trainees, trainers or IRSN Academy employees.
This list is not exhaustive.
Article 18 – Penalty
No sanction may be imposed on the person concerned without he has been informed in advance of the grievances held against him.
Any breach by the trainee of one of the provisions of these Internal Regulations may be the subject of a sanction or a disciplinary procedure governed by articles R 6352-3 to R 6532-8 of the French Labor Code reproduced below:
Article R6352-3 : « Constitutes a sanction any measure, other than verbal observations, taken by the director of the training organization or his representative, following an action by the trainee considered by him to be at fault, that this measure affect immediately or not the presence of the person concerned in the training or to call into question the continuity of the training which he receives. Fines or other pecuniary sanctions are prohibited. »
« Article R6352-4 – No sanction may be imposed on the trainee without he has been informed in advance of the grievances held against him. »
« Article R6352-8 – The director of the training organization informs of the sanction taken:
1° The employer, when the trainee is an employee benefiting form a training action as part of a company’s training plan;
2° The employer and the shills operator who paid for the training expenses, when the trainee is an employee benefiting from individual training leave;
3° The skills operator who financed the training action from which the trainee benefited. »
Article 19 – Implementation
These rules of procedure begin to be implemented from the date of December 01, 2021.