Recommendation of 21 April 1989 on Practical Training
This recommendation is in conformity with Article 3, paragraph 2 of the Code of Professional Conduct and Practice, approved by the RD of 18 April 1985 (BOJ, 8 May 1985).
- 1. Practical training philosophy
- 2. Terms of practical training
- 2. a) The practical training period
- 2. b) The break
- 2. c) The deletion (the text of the RD uses the term «erasure»)
- 2. d) The penalties
- 3. Relationship between the trainee and the employment mentor
- 4. Relationship between the employment mentor and the Order
- 5. Relationship between the trainee and the Order
- 6. Place at which practical training is undertaken
- 7. Checks of practical training
- 8. Own engagements
- 9. Practical training pay
- 10. Non-traditional practical training
- 11. Insurances
- 12. Final provisions
The practical training recommendation of 21 April 1989 followed the practical training regulation amendment procedure established by the Order. This recommendation, drawn up in accordance with Article 3 (paragraph 2) of the RD of 18 April 1985, should now be amended in the light of the evolution of the profession.
1. Practical training philosophy
Practical training is established by the Act of 26 June 1963 (Section IV) and described in the RD of 13 May 1965 approving the practical training regulations, established by the National Council of the Order of Architects. Practical training meets the requirement for supplementary and practical training.
Practical training is undertaken under the instruction of an accepted employment mentor and for a legally prescribed period.
During practical training the trainee is given the opportunity, under the instruction of the employment mentor, to get to know the various aspects of the profession that enable him to discharge his professional responsibilities. This competency is assessed by the Council of the Order at the end of practical training.
As and when necessary this procedure will be brought in line with the European directives.
2. Terms of practical training
2a) The practical training period
The normal practical training period is set out in Article 50 of the Act of 26 June 1963. Every change in the practical training period is strictly limited by Articles 51 and 52 of the aforementioned Act. The periods allowable for practical training are of course those in which the course of practical training may be validly completed. June 2015
2b) The break
A break is permitted in practical training; this break is determined by the Council. It is permitted only in a case of force majeure; it is not in any way a penalty. A period of this type cannot count towards the overall practical training period.
The trainee is under the supervision of the Council of the Order, which determines the limits and conditions under which he practises his professional activity in that period. This may be the case, for example, when ending a initiated project. However, the time spent practising this activity will always be limited. The prior recommendation of the Council is required. The break periods must necessarily be short and may only be granted in exceptional cases.
2c) The deletion (the text of the RD uses the term “erasure”)
Deletion from the list of architectural trainees is described in Article 7 of the Practical Training Regulations; it is not a disciplinary order, but a consequence of the fact that the trainee no longer satisfies the legal practical training criteria.
In principle, the trainee cannot be deleted unless he explicitly requests to be deleted (Article 12 of the Rules of Procedure); where no such request is made, the Council must remind the trainee of his obligations in this respect. If the reminder goes unanswered the Council will be forced to delete the trainee at its own initiative, in accordance with the ordinary disciplinary procedure. This procedure prevents the Council from having to impose on a young colleague a disciplinary penalty.
Deletion ends the Council's authority over the trainee and deprives the latter of the right to practise the profession. The deletion no longer applies when the Order is able to ascertain that the trainee again satisfies the legal practical training criteria.
2d) The penalties
If the practical training does not cover the required competencies or does not satisfy the set conditions the Council of the Order may refuse to acknowledge some or all of the training. The Council may also impose a disciplinary penalty on both the trainee and the employment mentor (Article 24 of the RD of 13 May 1965). It is worth reminding the trainee that he, like every other member of the Order, is subject to the Code of Professional Conduct and Practice and may qualify for one of the disciplinary penalties it prescribes.
3. Relationship between the trainee and the employment mentor
The employment mentor must see to it that practical training progresses well; he provides the trainee with moral support. The former must be able to come to him for advice. The employment mentor must give the trainee a professional education. He gives him the benefit of his professional experience and transfers that experience to him. He gives him the opportunity to participate in all aspects of professional life: office work, the construction site, contact with the authorities, clients, manufacturers, suppliers, tradesmen, etc.
The employment mentor encourages the trainee to perfect his skills by giving him the opportunity to participate in activities arranged by the Order, the professional associations and the educational institutions. The employment mentor is not liable for the professional actions of his trainee, but must assist him nonetheless through his initial steps in the profession.
The practical training contract must be conformant with the model prescribed by the National Council of the Order and approved by the Minister for Small Business, in accordance with Article 13 of the Practical Training Regulations.
Unless the parties agree otherwise the practical training contract may be ended by either party, subject to one month's notice.
4. Relationship between the employment mentor and the Order
The architect who wishes to become an employment mentor or to re-engage in employment mentorship must commit to take responsibility for the further professional training of the trainee.
Although the law does not limit the number of trainees that an employment mentor can accept, it is vital that an employment mentor be in a position to fulfil his role in respect of the trainee. If so requested, the provincial Councils will assess a case on its merits and judge whether it is recommended to admit several trainees.
The employment mentor must co-sign all of the documents that the trainee is required to submit to the Council in the course of practical training, including: the practical training contract and the monthly record sheet. The employment mentor will also submit a periodic report to the Council every six months. He must also notify his Council immediately of any change in his relationship with the trainee, such as a break in practical training, a change of title, the end of the training period, the impossibility of continuing the training, etc.
5. List of employment mentors
To make it easier for trainees to find employment mentors each Council of the Order will keep a list of employment mentors which identifies, firstly, those employment mentors who currently have a trainee in their charge and, secondly, those architects who satisfy the employment mentorship criteria and have notified the Council of their wish to be entered to the list.
6. Relationship between the trainee and the Order
When the trainee joins the list of architectural trainees he falls under the Council of the Order's authority.
The Council approves the dates marking the beginning and the end of practical training. On the trainee's entry to the trainee list the Council issues the practical training start to be taken into consideration in the final practical training evaluation. The end date is set as soon as the Council accepts the practical training. The trainee must submit in good time his application for the certificate that marks the end of practical training. He may at the same time submit to the Council under which his training was completed his request for entry to the roll of the Order, which will enable him to continue to practise.
The trainee is also required to notify his Council immediately of a change in his relationship with the employment mentor, a break in practical training, a change of title, a breach of one of the terms of the practical training contract, etc.
The trainee completes the monthly records regularly and submits them to his Council. These records must be co-signed by the employment mentor.
He also submits a half-yearly report to his Council every six months.
7. Place at which practical training is undertaken
In principle, the place at which the practical training is undertaken is the seat of the employment mentor's professional activities. Any departure from this rule requires the Council's prior approval. The latter must be able to carry out a check of the practical training at any time.
In no circumstance may the place at which the practical training is undertaken be connected to the trainee's home or place of residence or the trainee's office.
8. Practical training inspections
Each provincial Council sets up a “practical training committee” and determines the number of effective and alternate members. This committee is tasked with carrying out practical training inspections.
The practical training is inspected twice year. It is preferable for at least one of these inspections to take place at the employment mentor's office, and the other may be arranged at a location chosen by the Council. Neither the trainee nor the employment mentor may evade a practical training inspection.
To fulfil its task the committee may access the provincial Council's administrative dossier. It is also at liberty to consult the personal dossiers of the trainee and the employment mentor.
The provincial Council's administrative dossier contains:
- the practical training record and details on the trainee and training phases;
- a copy of the practical training contract;
- the monthly record sheets completed by the trainee, containing the daily activities report, co-signed by the employment mentor;
- the half-yearly periodic reports, from the employment mentor;
- the half-yearly periodic reports, from the trainee;
- the reports of the training inspections.
The personal dossiers
The employment mentor and the trainee each maintain a practical training dossier.
- a copy of the contract;
- a copy of the monthly records;
- a copy of the half-yearly reports;
- the working hours;
- files relating to training pay;
- other useful documents.
9. Own engagements
Importance of the trainee's own engagements
The trainee who accepts work from his own client must have the experience, resources and time required to complete the project. The work undertaken must not in any circumstance impair the quality of the professional training. In fact, a trainee architect should only accept a personal engagement in exceptional cases.
A trainee may set up a temporary association with an architect other than his employment mentor only in the circumstances above. But any such plans must first be put to the Council of the Order for approval.
10. Practical training pay
Pay is given during practical training.
The practical training contract submitted to the Council of the Order must state the amount of pay. The training pay must meet the requirements set out in Article 12, paragraphs 1 and 2 of the Code of Professional Conduct and Practice. Any dispute over training pay falls within the jurisdiction of the Council of the Order.
11. Non-traditional training - experience gained outside an architectural practice
This means work in disciplines that bear a direct relationship with the practice of architecture. Non-traditional training of this type is permitted only once, and for a maximum of six months, in the course of the practical training period. Each non-traditional practical training arrangement is treated as a special case. The Council's prior consent is required. The practical training must be supervised by an employment mentor.
Article 15 of the Code of Professional Conduct and Practice requires the trainee architect to take out his own professional indemnity cover. The employment mentor, on the other hand, must take out civil liability insurance for trainees who practise on his behalf, including cover for both professional indemnity and industrial accident.
13. Final provisions
This Recommendation abolishes the previous practical training recommendations (“supplementary guidelines for the Practical Training Regulations”) approved in the sessions of 19 December 1980 and 27 May 1983 and reaffirmed in May 1985, and replaces them.
This Recommendation comes into force on 26 June 2015. Approved by the National Council in session on 26 June 2015.