French Labour Code
In forceI.-The skills operator is approved by the administrative authority to manage the funds mentioned in 1° and c of 3° of article L. 6123-5. It has national competence.
II.Approval is granted to skills operators on the basis of:
1° Their financial capacity and management performance;
2° The coherence and economic relevance of their field of intervention;
3° Their joint management method;
4° Their ability to carry out their missions, taking into account their resources and their capacity to provide local services to companies and their employees throughout the national territory, without prejudice to the provisions of article L. 6523-1 ;
5° The application of commitments relating to the transparency of governance and the publication of accounts.
Approval of skills operators is granted only when the amount of contributions managed or the number of companies covered exceeds, respectively, an amount and a number set by decree.
III - Approval is subject to the existence of an agreement concluded for this purpose between the trade union organisations representing employees and the professional employers' organisations representing one or more of the branches within the scope of the agreement.
A professional branch may join only one skills operator within the scope of a collective agreement within the meaning of article L. 2222-1.
In the case of a cross-industry skills operator, this agreement is valid and may be approved even if it is signed by only one professional organisation with regard to the representation of employers.
IV - If the administrative authority refuses to approve the agreement, it will issue recommendations to enable the criteria mentioned in II to be met. From the date of notification of these recommendations, the employees' trade union organisations and the employers' professional organisations concerned have a period of two months to reach a new agreement and submit it to the administrative authority.
In the absence of approval on the basis of the new agreement, the administrative authority may, having regard to the general interest constituted by the coherence and economic relevance of the scope of intervention of the skills operators:
1° Approve the skills operator designated by the new agreement provided that it meets the criteria mentioned in II, for the branches whose activities meet the criterion mentioned in 2° of the same II;
2° Approve another skills operator satisfying the criteria mentioned in II, for each of the branches whose activities do not allow them to be attached to the field of intervention of the skills operator designated by the new agreement in application of the criterion mentioned in 2° of the same II.
