An employee changes business software, another operates a new forklift, a third has not had a professional interview in six years. In each of these situations, the employer has a training obligation set out in the Labor Code. This obligation is not limited to large companies or permanent contracts: it concerns almost all employment relationships, as soon as a risk, a technical evolution, or a change of position comes into play.
What triggers the training obligation: functional, not contractual criteria
The triggering criterion for the training obligation for employees is based on the actual activity, the equipment used, and the risks identified in the company, rather than on the type of contract signed.
Article L. 6321-1 of the Labor Code imposes two distinct missions on the employer. The first: ensure the employee’s adaptation to their job. The second: ensure the maintenance of their ability to hold a job, in the face of technological or organizational changes.
Let’s take a simple example. A company switches from one management software to another. Every employee who uses this tool daily must receive appropriate training. It does not matter whether they are on a permanent contract, a fixed-term contract, or temporary work.
The obligation does not stop there. If a position exposes the employee to a particular risk (working at heights, handling chemicals, electrical operations), specific safety training is added. This is non-negotiable: safety training is a reinforced obligation that applies as soon as the position is taken up.
Employees on fixed-term contracts, temporary workers, interns: who is actually concerned
You have been on a fixed-term contract for a few months and have received no training? The employer remains bound by the same obligations as towards a permanent employee. The duration of the contract does not reduce the scope of their responsibilities.
Temporary workers also benefit from safety training, especially when assigned to positions with risks. The user company (where the work is performed) bears this responsibility, not just the temporary agency.
For interns placed under the authority of the employer, certain training obligations also apply, particularly regarding the prevention of occupational risks.
- Newly hired employees must receive general safety training appropriate to their position and the risks of the establishment.
- Employees who change positions or work techniques are concerned, even after several years in the company.
- Employees returning to work after a break of at least 21 days may be trained at the request of the occupational physician.
- Members of the CSE elected for the first time in companies with at least 50 employees are entitled to specific training in health, safety, and working conditions.
The common point among all these situations: it is the context of the position that creates the obligation, not the status of the contract.
Adaptation to the position and maintenance of employability: two distinct obligations
The confusion between these two notions generates frequent disputes. Adapting an employee to their position means providing them with the necessary skills to perform their current functions. Training for maintaining employability means anticipating changes so that the employee remains capable of holding a job in the medium term.
Recent case law has clarified this boundary. Decisions from 2026 remind us that the employer is not required to finance a complete career change. Their obligation concerns adaptation and maintenance of skills, not financing a career change.
On the other hand, an employer who does not offer any training actions for several years exposes themselves to sanctions. In March 2025, the Paris Court of Appeal condemned an employer for having offered only one mandatory training to an employee in seven years.
The professional interview as a monitoring tool
The professional interview, mandatory every two years, is precisely intended to verify that the employee benefits from a coherent training path. Every six years, a summary assessment must confirm that the employee has followed at least one training action, obtained a certification element, or benefited from a salary or professional progression.
If none of these three conditions are met in companies with at least 50 employees, the employer must contribute to the employee’s CPF. This mechanism acts as a safety net to ensure that the training obligation does not remain theoretical.
Safety training: the regulatory block that the employer cannot postpone
Training related to the prevention of occupational risks constitutes a separate block within the employer’s obligations. They do not depend on a skills development plan or a discretionary budget. They are dictated by the nature of the risks present in the company.
- Electrical certifications for employees working on or near electrical installations.
- CACES training for operating handling or lifting equipment.
- Fire and evacuation training, tailored to the layout of the premises.
- SST (workplace first aid) training, recommended in every workshop or construction site.
Any training made mandatory by a legal or regulatory text takes place during actual working hours and is entirely the responsibility of the company. The employee cannot be forced to use their CPF for training that the regulations impose on the employer.
An employee who notices a complete lack of safety training at their position can alert the CSE, the occupational physician, or the labor inspection. The absence of training appropriate to the risks constitutes a failure to meet the prevention obligation, distinct from the failure to meet the general professional training obligation.
The distinction between what falls under the employer’s responsibility and what falls under the individual choice of the employee (via the CPF or a professional transition project) remains the main point of friction. If the training meets a need of the position or an identified risk, it is the employer’s responsibility. If it prepares for a personal career change project, it is the employee’s responsibility, with their own funding mechanisms.