From now on, foreign minors have the right to sign an apprenticeship or professionalization contract. Referring to the Ordinance of 15 February 2017, the Council of State authorizes them to benefit from a work permit under a fixed-term contract.
This derogation is the result of a case concerning a foreign isolated minor registered in an apprenticeship cycle and a beneficiary of the ESA (Social Welfare for Children).
He did not have a work permit. The DIRECCTE (Regional Directorate for Enterprise, Competition, Consumer Affairs, Labor and Employment) therefore refused to grant him a temporary work authorization.
On December 13, 2016, the Administrative Court of Toulouse asked the Direccte du Languedoc-Roussillon to issue a temporary work permit to the minor.
The Ministry of the Interior objected to this decision and appealed to the Council of State to request its annulment.
The Council of State has just decided in this case.
In the art. L 5221-2 of the Labor Code, he relies on the assertion that “the authorization of work is granted by right to a foreigner authorized to reside in France for the conclusion of a contract of apprenticeship or professionalization of fixed duration”.
What arouses curiosity in this matter is that the same young person could choose the path of vocational education rather than learning. In that case, no administrative difficulties would have arisen.