Apprentice Training During Secondment

The recent ruling no. 496 of April 4, 2025, addresses a key issue for employers and apprentices: the employer’s burden of proof regarding compliance with training obligations under a professional apprenticeship contract, while also clarifying the legal framework for the secondment of apprentices to third-party companies.

Training Obligations in Apprenticeship Contracts

As reiterated by the court, the apprenticeship contract is characterized by a dual purpose: in addition to the performance of work, the employer must provide real theoretical and practical training aimed at enabling the apprentice to obtain a professional qualification. This training must be set out in a detailed individual training plan, signed by both parties and attached to the employment contract.

Key Points of the Ruling

In the case at hand, an apprentice working in fire extinguisher maintenance challenged the validity of his apprenticeship, claiming he had received no real training and sought to have the contract reclassified as a standard open-ended employment relationship with retroactive pay adjustments.

However, after evaluating the evidence, the court rejected the apprentice’s claim, confirming that the employer had duly provided the required training.

The company submitted various documents that proved decisive:

• a signed form confirming the apprentice’s participation in public training programs;
• certificates of attendance for both internal and external training sessions;
• digital records of the individual training plan;
• signed minutes from internal training meetings.

Employer Discretion in Training Methods

The ruling confirms that employers have the freedom to choose how to deliver training, provided it aligns with the training plan. Acceptable formats include classroom learning, on-the-job training, remote courses, and e-learning tools—all equally valid if they support the apprentice’s skill development.

The Role of the Company Tutor

The presence and supervision of a company tutor were central to the court’s evaluation. Witnesses confirmed that the apprentice was never left unsupervised when performing complex tasks and regularly participated in training meetings led by the tutor or senior colleagues.

Secondment of Apprentices: When It’s Legal

A particularly relevant aspect of the decision relates to the secondment of apprentices to other companies. The apprentice had argued that being seconded negatively affected his training. However, the ruling—consistent with guidance from the Ministry of Labor (note no. 1118/2019)—clarified that apprentice secondment is lawful as long as training continues uninterrupted. In this case, it was proven that the apprentice was always accompanied by experienced colleagues and that training activities were never suspended during secondment.

Final Considerations

Ultimately, the ruling found that the employer had fully complied with all training obligations, both theoretical and practical, and that the secondment of the apprentice had no bearing on the validity of the apprenticeship contract.

This decision offers valuable guidance for both companies and workers, emphasizing the importance of properly documenting training activities and ensuring that secondments do not interrupt the apprentice’s learning process.