Internal Regulations
last updated: 1 October 2023
Courtesy translation: only the French version is legally binding.
Article 1: Persons concerned
These regulations apply to all trainees. Each trainee undertakes to comply with the terms of this contract when attending a training course delivered by HeyData.
Article 2: General conditions
Every trainee must comply with these regulations in all matters relating to the application of health and safety rules, as well as the general and permanent rules relating to discipline.
Article 3: General health and safety rules
Each trainee must look after their own safety and that of others by complying, depending on their training, with the general and specific safety instructions in force at the training venue, as well as with hygiene rules.
However, in accordance with Article R. 6352-4 of the French Labour Code, when the training takes place in a company or establishment that already has its own internal regulations, the health and safety measures applicable to trainees are those of those regulations.
Furthermore, trainees sent to a company as part of a training course must comply with the health and safety measures laid down in that company’s internal regulations.
Article 4: Keeping equipment in good condition
Each trainee must keep the equipment entrusted to them for their training in good condition. Trainees must use the equipment for its intended purpose: using the equipment for any other purpose, in particular personal use, is prohibited.
Article 5: Use of machines and equipment
Tools and videos may only be used in the presence of a trainer and under supervision.
Any malfunction of the video tools and any incident must be reported immediately to the trainer in charge of the training course.
Article 6: Fire instructions
Fire instructions, including a plan showing the location of fire extinguishers and emergency exits, are displayed on the organisation’s premises so that all trainees are aware of them.
Demonstrations or drills are planned to check the operation of the firefighting equipment and the evacuation instructions.
(On this specific point, see Articles R. 4227-28 et seq. of the French Labour Code.)
Article 7: Accidents
Any accident or incident occurring during or in connection with the training must be reported immediately to the head of the organisation by the injured trainee or by the persons who witnessed the accident.
In accordance with Article R. 6342-3 of the French Labour Code, any accident suffered by a trainee while at the training organisation or while travelling to or from it is reported by the head of the training centre to the social security office.
Article 8: Alcoholic drinks
Trainees are prohibited from entering or remaining on the organisation’s premises while intoxicated, and from bringing alcoholic drinks onto the premises.
Article 9: Access to the reception lounge
During the scheduled breaks, trainees may have drinks and food in the areas provided for this purpose.
Article 10: No smoking
Pursuant to Decree No. 92-478 of 29 May 1992 laying down the conditions for applying the smoking ban in places used collectively, smoking is prohibited in classrooms and training studios.
Article 11: Hours, absences and lateness
Training hours are set by the Management or the head of the training organisation and are communicated to trainees either by notice or when the training programme is handed to them. Trainees must observe these training hours, failing which the following provisions apply:
- In the event of absence or lateness, trainees must inform the trainer or the administrative office of the organisation in charge of the training and provide a justification. Furthermore, trainees may not leave during training hours, except in exceptional circumstances specified by the Management or the head of the training organisation.
- When trainees are employees attending training under their employer’s training plan, the organisation must inform the company of these absences in advance. Any absence or lateness not justified by particular circumstances constitutes misconduct liable to sanctions.
- In addition, for job-seeking trainees paid by the State or a Region, unjustified absences will result, pursuant to Article R. 6341-45 of the French Labour Code, in a deduction from their pay proportional to the length of the absences.
Furthermore, trainees must regularly fill in or sign the attendance sheet as the course progresses and, at the end of the course, the training assessment and the certificate of attendance.
Article 12: Access to the training organisation
Unless expressly authorised by the Management or the head of the training organisation, trainees who have access to the organisation to attend their training may not:
- enter or remain there for any other purpose;
- bring in, cause to be brought in or facilitate the entry of persons from outside the organisation, or goods intended for sale to staff.
Article 13: Dress and conduct
Trainees are asked to come to the organisation suitably dressed and to behave properly towards everyone present on the premises.
Article 14: Information and notices
Information is circulated by means of notices on the boards provided for this purpose. Commercial advertising and political, trade union or religious propaganda are prohibited on the organisation’s premises.
Article 15: Liability of the organisation in the event of theft of or damage to trainees’ personal property
The organisation accepts no liability for the loss, theft or damage of personal belongings of any kind left by trainees on its premises (classrooms, workshops, offices, car parks, cloakrooms, etc.).
Article 16: Sanctions
Any breach by a trainee of any of the provisions of these internal regulations may give rise to a sanction.
Within the meaning of Article R. 6352-3 of the French Labour Code, a sanction is any measure, other than verbal remarks, taken by the head of the training organisation or their representative following conduct by the trainee which they consider to be misconduct, whether or not this measure is likely to affect, immediately or not, the trainee’s attendance on the course or to call into question the continuity of the training they are receiving.
Depending on the seriousness of the breach, the sanction may consist of:
- a warning;
- a reprimand or a call to order;
- permanent exclusion (it should be noted that the agreement entered into by the organisation with the State or the Region lays down specific provisions for the application of the above sanctions).
Fines and other financial penalties are prohibited.
The head of the training organisation must inform the following of the sanction imposed:
- the employer, when the trainee is an employee attending a course under the company’s training plan;
- the employer and the joint body that funded the training, when the trainee is an employee attending a course as part of a [À CONFIRMER : end of sentence missing from the French source].
Article 17: Disciplinary procedure
The following provisions reproduce Articles R. 6352-4 to R. 6352-8 of the French Labour Code.
No sanction may be imposed on a trainee unless they have first been informed of the complaints against them.
When the head of the training organisation or their representative is considering a sanction that affects, immediately or not, a trainee’s attendance on a training course, the following procedure applies:
- The head of the training organisation or their representative summons the trainee, stating the purpose of the summons.
- The summons specifies the date, time and place of the interview. It is in writing and is sent by registered letter, handed to the trainee against a receipt, or sent by email.
- During the interview, the trainee may be accompanied by a person of their choice, who may be a trainee or an employee of the training organisation.
- The summons mentioned in the previous paragraph states this option. The head of the training organisation or their representative explains the reason for the sanction being considered and hears the trainee’s explanations.
- The sanction may not be imposed less than one clear day or more than fifteen days after the interview. It takes the form of a written, reasoned decision notified to the trainee.
When the conduct has given rise to an immediate sanction (exclusion, suspension), no final sanction relating to that conduct may be imposed unless the trainee has first been informed of the complaints against them and, where applicable, the procedure described above has been followed.
Complaints
To submit a complaint, please follow the Forms link and fill in the form.
Forms link: Complaint form
Your complaint must reach us no later than 10 days after the end of the training. You will receive a reply within 30 days of receipt of your request.
Entry into force
These internal regulations come into force on 1 October 2023.