I / General Provisions applicable to all training program participants
Article 1.1. – Purpose of the regulation
In application of the provisions of article L.6352-3 of the Labour Code and by virtue of its general and collective regulatory power, the management of Turningpoint (TRAINING ORGANIZATION) hereby sets out
It also determines, in compliance with the principles defined in article L.6352-4 of the French Labour Code, the nature and scale of sanctions that may be applied in the event of a breach of the above-mentioned rules and sets out the provisions relating to the rights of defence that must accompany the implementation of such sanctions.
Article 1.2 – Scope of application
The rules set out in these internal regulations apply to all participants in each training program.
Article 1.3. – Mandatory nature
The provisions instituted by the present rules are automatically imposed on the participants defined in the previous article.
They do not require any individual adherence from the participants to whom they are directly applicable.
II / Health and safety
In accordance with article R.6352-1 of the French Labour Code, it is reminded that when the training takes place in an establishment that already has internal regulations, the health and safety measures applicable are those of the latter regulations. When the training takes place on the premises of the training organization or on premises outside the training organization that do not have internal regulations, all the provisions of this chapter II/ Health and Safety will be applied.
Article 2.1. – General principles
The management of Turningpoint (TRAINING ORGANIZATION) is responsible for health and safety within the establishment.
In this respect, it is incumbent upon it to implement and ensure compliance with all the legislative and regulatory provisions which are imposed on it by reason of all the characteristics of its activity and organization.
The provisions of a general nature are described in the following paragraphs.
Special or specific measures may be taken by memorandum, as indicated above, when the specificities of the situation, activity or organization of the training program so require.
In accordance with article R.6352-1 of the French Labour Code, it is recalled that when the training takes place in an establishment that already has internal regulations, the safety and health measures applicable are those of the latter regulations.
It is the facilitator’s responsibility to supervise the participants and to complete as frequently as necessary the information of the participants in terms of safety applicable to the accomplishment of the training programs that he/she leads and to control the respect of these instructions.
Every participant has the duty to immediately inform the facilitator or the management of the training organization of the urgent measures to be taken to stop any danger. Any facilitator has the duty to refuse on the training site any person not respecting the safety instructions and refusing to comply with them after notification by this facilitator.
Article 2.3. – Washrooms. Toilets.
Each participant is required to leave the sinks and toilets at his/her disposal in good and clean condition.
Article 2.4. – Meals. Drinks.
It is forbidden for participants to have meals on the premises assigned to the training program, unless expressly authorized by the management of the training organization.
Participants must not bring alcoholic beverages onto the training program premises.
Article 2.5. – Accidents and health problems
Any accident, even apparently benign, occurring to a participant during the program must be immediately reported to the management of the training organization, either by the participant him or herself or by any person having knowledge of it.
It is in the participants’ interest to inform the training manager of any health problems (e.g. backache, respiratory problems, physical disabilities) so that the proposed exercises can be adapted if necessary.
Article 2.6. – Protection and safety devices
The health and safety measures and the prescriptions of the occupational medicine resulting from the regulations in force are compulsory for all.
To this end, the general and specific safety instructions applicable in the training organization must be strictly respected.
All participants must :
Section 2.7. – Fire fighting devices
The personnel must know and respect the safety instructions in case of fire.
They must ensure free access to fire-fighting means and equipment as well as to emergency exits.
Participants are not allowed to smoke on the premises of the establishment except in the rooms specifically provided for this purpose.
Article 2.8. – No smoking
It is strictly forbidden to smoke inside all the premises of the establishment assigned to collective use. The premises for collective use are not only those permanently occupied by at least two people, but also all those where people other than the usual occupant are likely to pass, whether they are participants, company employees or external parties. A notice reminding the prohibition is posted in the premises concerned.
Failure to comply with the smoking ban in the premises concerned will result in a disciplinary sanction.
III / Discipline
Article 3.1. – Schedules of the training courses
The training program schedules are set by the training organization. They are brought to the attention of the participants when they receive the training program schedule. The participants are required to respect these schedules. The training manager reserves the right to modify the training schedule according to the needs of the service, within the limits imposed by the provisions in force. Trainees must comply with any changes made by the training manager to the course schedule.
Training schedules must be strictly adhered to or disciplinary action will be taken.
Latecomers must immediately inform the facilitator of the reasons for their lateness.
Depending on the operating conditions of the workshops, the latecomer may be required to return to the training program only at the time indicated by the facilitator.
Repeated and unjustified late arrivals may result in one of the sanctions provided for in the present internal regulations.
Article 3.2. – Training program attendance
During the training program, the participants must try to behave in a professional way and not to be absent from the training program outside the agreed breaks or the requirements of the training program.
Article 3.3. – Obligations of participants in case of absence
The management of Turningpoint (TRAINING ORGANIZATION) must be informed by all means as soon as an absence occurs. Any foreseeable absence for personal reasons must be authorized in advance by the management of Turningpoint (TRAINING ORGANIZATION).
This authorization is subject to a three (3) day notice period. This obligation does not apply to unforeseeable or force majeure situations which must be brought to the attention of the Management as soon as possible.
In the event of illness or accident, the participants must produce a medical certificate within 48 hours justifying his/her absence and indicating the duration of his/her unavailability.
In the event of an extension of the illness beyond the expiration date of the initial certificate, a 48-hour period must also be respected to justify the necessity of this extension.
Article 3.4. – Materials and Documents
Each participant has the obligation to keep in good condition the material and the pedagogical documents which are entrusted to him/her. At the end of each training program, each participant must return to the facilitator any material and document in his/her possession belonging to Turningpoint (TRAINING ORGANIZATION).
Article 3.5. – General behavior
The values upheld by Turningpoint (TRAINING ORGANIZATION) as well as the tradition of quality internal relations justify that everyone should endeavor to show courtesy, respect for others, discretion and politeness in all circumstances.
The rules of general individual behavior and the proper functioning of the training organization therefore formally prohibit
Article 3.6. – Entrance and exit
The entry and exit of participants are carried out using the routes and exits provided for this purpose.
It is forbidden to enter or leave the premises by any other exit.
Participants shall only have access to the premises of the training organization in the context of the execution of their training course; they shall not have any right to enter or remain on the premises of the training course for any other reason unless they have written authorization from the trainer or the Management of Turningpoint (TRAINING ORGANIZATION).
Furthermore, it is forbidden to introduce into the training organization or into the training program any person who is not a member of the training organization, except with the agreement of the facilitator or the management of Turningpoint (TRAINING ORGANIZATION).
Outings during program hours must be exceptional; they are subject to the express authorization of the facilitator.
Article 3.7. – Search
In the event of the disappearance of objects, materials or documents in the training organization or in the host establishment, and in the interest of the collective safety of the trainees, searches may be organized during the hours of departure from the course. These searches will be carried out with respect for the dignity and privacy of the individual. They may be organized unannounced at the sole initiative of Turningpoint’s management (TRAINING ORGANIZATION) or its representative.
Any participant concerned may however demand the presence of a witness and may refuse to submit immediately to the control operations.
In this case, the inspection will be carried out by a duly authorized police officer; while waiting for the inspection to take place, the participant will have to wait at the training site.
Article 3.8. – Telephone and other external communications
Unless expressly authorized by the facilitator or the management of Turningpoint (TRAINING ORGANIZATION), the use of the telephone for private purposes is prohibited,
Participants are not authorized to have personal correspondence or parcels sent to the address of the training organization or the host establishment.
Article 3.9. – Dress and general behavior
Participants are asked to come to the training site in decent clothes and to behave correctly towards all persons present at the training and in the establishment where it takes place.
Article 3.10. – Intellectual property
It is strictly forbidden to record, photograph or film the training sessions, the filmed material or other. The educational documentation given during the training sessions is protected by copyright and cannot be reused other than for a strict use related to the training program.
IV / Disciplinary law and rights of defense of trainees
Article 4.1. – Disciplinary law – Scope of application
Discipline within the establishment is constituted by all the rules which have for object the collective organization of the training program, hygiene and safety such as they were defined in titles II and III, above. Any action considered as wrongful by the management of the training organization may, depending on its nature and seriousness, be subject to one or other of the following sanctions.
Article 4.2. – Disciplinary sanctions
Article 4.2.1. – Definition of sanctions
In accordance with article R.6352-3 of the French Labour Code, a sanction is any measure, other than verbal observations, taken by the director of the training organization following the actions of a trainee considered by him/her to be at fault, whether or not this measure is likely to immediately affect the presence of the person concerned in the training course or to jeopardize the continuity of the training received.
Article 4.2.2. – Nature of the sanctions
The sanctions likely to be implemented within Turningpoint (TRAINING ORGANIZATION) are the following
– Warning: this measure, intended to sanction a wrongful act, constitutes a reminder of order without any impact, immediate or otherwise, on the presence in the training course of the trainee to whom it is addressed; the warning must be formulated in writing and be the subject of a handwritten acknowledgement of receipt by the recipient (either in a handwritten and signed form, or in the form of a letter sent by registered mail with acknowledgement of receipt).
– temporary exclusion from the program,
– permanent exclusion from the program: this measure entails the permanent interruption of the participants’ participation in the program for which he/she was registered.
Article 4.2.3. – Scale of sanctions
The sanctions defined in the previous article are listed in increasing order of severity. The choice of the sanction in the scale thus defined will depend on the seriousness of the fault. However, the decision to be taken in each case will take into account all the personal and material factors that are likely to mitigate or aggravate the applicable sanction.
Article 4.3. – Disciplinary procedures and rights of defense
Article 4.3.1. – Procedure applicable to simple warnings
In accordance with the provisions of article R.6352-4 of the French Labour Code, it is recalled that the participant will be informed in advance of the grievances against him/her. Simple written warnings are notified to the participant concerned, specifying the grievances against him/her. This notification is made : either by hand-delivered letter against signature of a copy with the handwritten mention of the date of reception, or by registered letter with acknowledgement of receipt.
Article 4.3.2. – Procedure applicable in the event of temporary or permanent exclusion from the program
When the director of the training organization or his or her representative is considering taking a sanction that has an impact, immediate or otherwise, on a participant’s presence in a training program, the procedure is as follows:
1° The director or his or her representative shall summon the participant, indicating 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 participant may be assisted by the person of his or her choice, in particular the participant’s representative, if there is one. The invitation mentioned in paragraph 1 shall mention this option;
3° The director or his representative shall indicate the reason for the proposed sanction and shall obtain the participant’s explanations.
In accordance with the provisions of article R.6352-6 of the Labour Code, the sanction may not be imposed less than one clear day nor more than fifteen days after the interview. It will be the subject of a written, reasoned decision, notified to the participants by registered letter or delivered against a receipt. When the behavior has made a temporary exclusion with immediate effect essential, no definitive sanction relating to this behavior may be taken without the procedure provided for in article R. 6352-4 of the French Labour Code and, where applicable, articles R. 6352-5 and R. 6352-6 of the French Labour Code, having been observed.
Article 4.3.3. – Temporary layoff
When the participants’s conduct makes it essential to take a precautionary measure of immediate layoff, this measure will be notified to him or her orally at the time it is required and then confirmed in writing.
The participant must comply immediately.
For Turningpoint (TRAINING ORGANIZATION)
Mr. Michel Mornet