Question 14097 — professional training and apprenticeship

Summary

Mr. Jean-François Rousset draws the attention of the Minister of Labor and Solidarity to the difficulties of interpretation raised by Decree No. 2023-1350 of December 28, 2023 relating to the supervision of subcontracting within the framework of the personal training account (CPF), with regard to the application of Qualiopi certification to subcontractors. Decree No. 2023-1350 establishes in Article R. 6333-6-3 an explicit exemption relating to these two obligations for the benefit of subcontractors falling under the micro-social regime whose annual turnover does not exceed the threshold provided for in article 293 B of the general tax code. This dispensation is clear in its scope. On the other hand, article R. 6333-6-4 provides a separate exemption for subcontractors only involved in part of a training action not corresponding to a complete block of skills, who are exempt certifications registered in the national directory (RNCP) or the specific directory (RS). The Caisse des Dépôts et Consignations also indicates in its documentation that these subcontractors “are not concerned by the obligation to hold the necessary authorizations from the holder of the certification”. However, this formulation refers to authorizations issued by certifying bodies within the meaning of article L. 6113-2 of the Code of work and says nothing explicitly about the Qualiopi obligation within the meaning of article L. 6316-1 of the same code, which relates to a distinct legal logic. It is therefore not established whether or not these partial subcontractors, since they do not fall under the micro-social regime, are exempt from Qualiopi certification. This situation seems to establish a difference in treatment between subcontractors according to their legal status or according to the exact scope of their intervention, even though their services can be comparable to the same audiences and within the same economic framework. This situation is likely to create distortions between training professionals. Furthermore, this ambiguity generates significant practical difficulties, particularly when submitting files to the Space dedicated to training organizations (EDOF) and in the perspective of controls carried out by the Caisse des Dépôts et Consignations. He therefore asks it to specify the exact scope of the Qualiopi certification exemption applicable to subcontractors within the framework of the CPF; that it clarifies the relationship between exemptions from certifications or authorizations and the obligation of quality certification and that it indicates whether the Government is considering the publication of a doctrine aimed at uniform application of the text in order to avoid differences in treatment between subcontractors.

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