Rules of procedure

1. Preamble

ADYOUNEED is a simplified joint stock company with a capital of 1.196,40 Euros domiciled at the address: 40 rue des Blancs Manteaux, 75004 Paris.
The company is declared under the number SIRET 84380489900014, and with Declaration of activity registered under the number 11756542375 with the prefect of the region ILE-DE-FRANCE,

Definitions:

  • ADYOUNEED will be referred to hereafter as "ADYOUNEED or Training Organization";
  • The persons following the course will be referred to hereafter as "Trainees";
  • The training manager, Mr. Jean-Guillaume Loubet, at ADYOUNEED will be hereafter referred to as the "Training Organization Manager".

2. General Provisions

Article 1

In accordance with Articles L 6352-3 et seq. and R 6352-1 et seq. of the French Labour Code, the purpose of these Internal Rules is to define the general and permanent rules and to specify the regulations concerning health and safety, the rules relating to discipline, in particular the sanctions applicable to Trainees and their rights in the event of a sanction, as well as the procedures for representing Trainees.

3. Scope of application

Article 2: Persons concerned

The present Rules apply to all Trainees registered for a training course given in person or by distance learning by ADYOUNEED and this, for the whole duration of the training course. Each trainee is considered to have accepted the terms of these Rules when he/she follows a training course provided by ADYOUNEED and accepts that measures may be taken against him/her in case of non-compliance.

Article 3 : Location of the training

The training will take place either on ADYOUNEED's premises or on external premises. The provisions of the present Rules are applicable not only within the main premises of ADYOUNEED, but also in any premises or space accessory to the organization.
The training can also be followed at a distance. In this case, ADYOUNEED will not provide premises.

4. Health and Safety

Article 4: General rules

Each trainee must ensure his or her own personal safety and that of others by complying with the general and specific safety and hygiene instructions in force at the training site. However, in accordance with article R. 6352-1 of the French Labour Code, when the training takes place in a company or an establishment that already has internal regulations, the health and safety measures applicable to the Trainees are those of the latter regulations.

When the training takes place at a distance, ADYOUNEED cannot be held responsible for incidents or accidents occurring at a distance during the training hours. In the same way, the articles 5 to 9 below of the present Rules are not applicable when the training is carried out at distance.

Article 5: Alcoholic Beverages

It is forbidden for Trainees to enter or remain in the establishment in a state of intoxication as well as to bring in alcoholic beverages.

Article 6: No smoking and no vaping

Pursuant to Decree No. 2006 - 1386 of November 15, 2006 setting the conditions for the application of the ban on smoking in places assigned for collective use as amended by Decree No. 2016-1117 of August 11, 2016, smoking is prohibited in training premises.

Article 7: Catering facilities

For safety reasons, Trainees are asked to take their meals outside the training rooms, with the exception of meal trays ordered from the Training Organization.

Article 8: Fire instructions

In accordance with articles R. 4227-28 et seq. of the French Labor Code, fire instructions and in particular a map showing the location of fire extinguishers and emergency exits are posted in the training premises so that all Trainees are aware of them. Trainees are required to carry out without delay the evacuation order given by the course leader or by an employee of the establishment. The instructions, in force in the establishment, to be observed in case of danger and especially fire, must be scrupulously respected.

Article 9: Accident

Any accident or incident occurring during or in the course of training must be immediately reported by the injured Trainee or the persons who witnessed the accident to the Head of the Training Organization. In accordance with Article R. 6342-3 of the French Labour Code, any accident that occurs to the Trainee while he/she is at the training site or while he/she is travelling to or from the training site must be declared by the Training Organisation Manager to the social security fund.

5. Discipline

Article 10: Dress and behaviour

When the training is attended in person, the Trainees are asked to come to the training place in decent clothes and to behave properly towards all persons present in the organization.

Article 11 : Training hours

Training hours are set by ADYOUNEED and notified to Trainees in the invitation to attend. Trainees are required to respect these schedules. ADYOUNEED reserves the right, within the limits imposed by the provisions in force, to modify the course timetable according to service requirements.

Trainees must comply with any changes made by ADYOUNEED to the course timetable. In the event of absence or lateness to the course, it is preferable for the trainee to notify the Administrative Department on 07 44 72 51 05.

In addition, with the exception of distance learning courses, an attendance sheet must be signed by the trainee at the beginning of each half-day (morning and afternoon).

Article 12: Access to the Organization's premises

Entrance and exit. When the training is followed in person, the Trainees have access to the establishment exclusively to follow the course for which they are registered. They may not enter or remain on the premises for any other purpose, unless authorized by management. They are not allowed to be accompanied by persons not registered for the course they are taking (family members, friends, etc.), to bring in any animal, even a very small one, to cause any disorder and, in general, to interfere with the course.

Article 13 : Use of the equipment

Each trainee has the obligation to keep in good condition the material entrusted to him/her for his/her training when it takes place in person. Trainees are required to use the equipment in accordance with its purpose. The use of the equipment for other purposes, particularly personal, is prohibited, except for the equipment made available for this purpose. At the end of the training course, the Trainee is required to return all materials and documents in his/her possession belonging to the training organization, except for the educational documents distributed during the training.

When the training is followed at a distance, the Trainees use their own material, except for the educational documents distributed during the training.

The necessary equipment required is: a computer connected to the Internet, a webcam and a microphone.

Article 14: Records

It is formally forbidden, except in the case of an express waiver of image rights, to record or film the training sessions.
When the training is followed at a distance, the Trainees use their own material, except for the educational documents distributed during the training.

Article 15: Teaching materials

The educational documentation provided during the training sessions is protected by copyright and may not be reused other than for strictly personal use.

Article 16 : Responsibility of the Organization in the event of theft or damage to Trainees' personal property

ADYOUNEED declines all responsibility in case of loss, theft or deterioration of personal objects of any kind, left by the Trainees in the training premises when the training takes place in person.

Article 17: Sanctions and disciplinary procedures

Any breach by the trainee of any of the provisions of these Internal Regulations may be subject to a sanction or disciplinary procedure governed by Articles R 6352-3 to R 6532-8 of the French Labour Code:

Article R6352-3

  • Any measure, other than verbal comments, taken by the director of the training organization or his representative, following an action by the trainee which he considers to be at fault, whether or not this measure is likely to affect immediately the presence of the person concerned in the training course or to jeopardize the continuity of the training he receives, constitutes a sanction

Fines or other monetary penalties are prohibited.

Article R6352-4

  • No penalty may be imposed on a trainee or apprentice without the latter having been informed in advance of the grievances against him/her.

Article R6352-5

  • When the director of the training organization or his or her designee is considering a sanction that affects, immediately or otherwise, the attendance of a trainee or apprentice in a training course, the following procedure shall be followed:

1° The director or his representative shall summon the trainee or apprentice and indicate the purpose of the summons. The notice shall specify the date, time and place of the interview. It shall be in writing and shall be sent by registered letter or delivered to the person concerned against a receipt;

2° During the interview, the trainee or apprentice may be assisted by the person of his or her choice, in particular the course delegate. The summons referred to in 1° shall mention this option;

3° The Director or his representative shall state the reason for the proposed sanction and shall obtain the trainee's or apprentice's explanations.

Article R6352-6

  • The sanction may not be imposed less than one clear day nor more than fifteen days after the interview. It is the subject of a written, reasoned decision, notified to the trainee or apprentice by registered letter or delivered against a receipt.

Article R6352-7

  • When the conduct has made it essential to take a temporary exclusionary measure with immediate effect, no final sanction relating to this conduct may be taken without the procedure provided for in article R. 6352-4 and, where applicable, in articles R. 6352-5 and R. 6352-6, having been observed.

Article R6352-8

  • The director of the training organization informs the employer and the funding organization of the sanction taken.

6. Representation of trainees

Article 18: Organization of elections

In order to guarantee the representation of trainees during training sessions of a total duration of more than five hundred hours, and in accordance with article R.6352-9 of the French Labor Code, a titular delegate and a substitute delegate are elected simultaneously in a two-round uninominal ballot, according to the following procedures

  • All Trainees are eligible to vote and to be elected except for inmates. Voting shall take place, during training hours, no earlier than 20 hours and no later than 40 hours after the beginning of the first collective session;
  • The person in charge of the training organization is responsible for the organization of the ballot. He/she shall ensure that it runs smoothly. He/she will send a report of the lack of participation, transmitted to the regional prefect with territorial jurisdiction, when it is noted at the end of the ballot that the representation of the trainees cannot be guaranteed.

Article 19: Term of office of Trainee delegates

Delegates are elected for the duration of the course. Their functions end when they cease, for whatever reason, to participate in the course. If the titular delegate and the alternate delegate have ceased their functions before the end of the course, a new election is held under the conditions provided for in article 18 above.

Article 20 - Role of the Trainees' Representatives

The delegates make any suggestion to improve the training process and the living conditions of the trainees in the Training Organization. They present all individual or collective complaints relating to these matters, to health and safety conditions at work and to the application of the internal regulations.

7. Publicity and Effective Date

Article 21: Advertising

The present Rules are posted in the premises of ADYOUNEED and/or distributed at the beginning of the training in the case of outsourcing of the training place or sent to the Trainee by e-mail.

Article 22: Effective Date

These bylaws shall be effective as of October 15, 2022.