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The day-to-day running of the craft industry: qualifications, training and status of family and friends

By Yasmine EDDAM11 April 2025

Once a craft business has been set up and registered, the entrepreneurial adventure really begins. But the day-to-day running of a craft business involves much more than just producing goods or providing services. It raises important legal issues concerning the recognition of skills, the transmission of know-how and the status of the people who work with the craftsperson - all factors that contribute directly to the value and long-term future of your business. craft fund.

How can you officially promote your expertise? What are the rules governing the training of young apprentices, which is so essential to the long-term survival of art and craft trades? And what status should be chosen for the spouse who is regularly involved in the business? This article explores these practical and crucial aspects of the life of a craft business.

Professional qualifications for craftspeople: recognition and promotion

Possessing know-how is one thing, but having it officially recognised is quite another. French law distinguishes betweencottage industry (the one registered with the Répertoire des métiers) of the personal quality of "craftsmanwhich is reserved for professionals who can demonstrate specific competence, the foundations of which are set out in detail in the definition of artisan status.

Artisan" status: more than just registration

Since the Pinel Act of 2014, to be able to claim the status of "artisan" (and use this term in their communications), business owners (natural persons or company directors of legal entities) registered with the RM must prove (and no longer simply declare):

Or a CAP or BEP (or higher) diploma in the trade or a related trade.
Or an equivalent qualification registered in the Répertoire National des Certifications Professionnelles (RNCP).
Either you have been registered in the profession concerned for at least 3 years (this period was 6 years before a recent amendment, to be checked against the most up-to-date texts).

The aim of this requirement is to guarantee a level of skill and to enhance the value of qualifications. A company director who is registered with the RM but does not meet these conditions is "only" a craft company director, without being able to claim personal status as a craftsman.

Specific titles: Artisan d'Art and Maître Artisan

To further promote excellence and specific know-how, other awards exist:

Artisan d'Art : This title is reserved for craftspeople (who meet the above conditions) who carry out an activity on the official list of arts and crafts. This list, set by ministerial decree, covers activities involving the production, creation and restoration of heritage characterised by the mastery of specific skills and techniques and an artistic contribution (cabinetmaker, jeweller, ceramist, etc.).
Master Craftsman (and Master Craftsman in Arts and Crafts) : This prestigious title, awarded for life, recognises a high level of qualification and experience. It can be obtained by registered artisans:
- Holders of the Brevet de Maîtrise (BM) in the trade practised (or related) after 2 years' practice.
- Holders of a diploma at least equivalent to the BM, after 2 years of practice, and with proof of knowledge in management and teaching.
- No specific qualifications, but registered for at least 10 years and can demonstrate recognised expertise (promotion of the craft, participation in training, etc.).

The award is made either by the President of the CMA or by a member of the CMA's Board of Directors. Regional Qualifications Committee.

Other acknowledgements and use of titles

We should also mention the state diploma in Meilleur Ouvrier de France (MOF)which recognises excellence in a given profession after a highly selective competitive examination. The law also provides for recognition mechanisms for qualifications acquired in other European Union Member States. Finally, the collaborating spouses or partners participating personally in the activity may also obtain these qualifications if they meet the conditions of diploma or experience required.

The use of the terms "artisan", "artisanal", "master craftsman" and their derivatives, as well as the associated official logos, is strictly prohibited. regulated. Only persons holding the corresponding title or qualification may use them for their business, products or advertising. The usurpation of these titles is not only punishable by penal sanctions (fines or even closure of the establishment), but it can also be a threat to the civil fault (unfair competition, misleading advertising) for which the company is liable.

Apprenticeships: a pillar of the craft industry

Passing on know-how is at the heart of the craft industry. Apprenticeship, defined by the French Labour Code as alternating training between a company and an Apprentice Training Centre (CFA) with the aim of achieving a vocational qualification, plays a fundamental role in this.

Apprenticeship contracts

It is a written employment contractThis is a special type of contract between the apprentice (or their legal representative) and the employer. The employer undertakes to train the apprentice and pay him a salary; the apprentice undertakes to work and follow the training.

Terms and conditions: The apprentice must be between 16 and 29 years of age (with possible exemptions, particularly for 15-year-olds leaving 3ème, disabled people, company founders, etc.). The employer must declare that he is capable of organising the apprenticeship and guaranteeing adequate working conditions, safety and teaching skills (via the apprentice master). CMAs can limit the number of apprentices per company.
Duration: The contract may be for a limited period (CDL), generally from 1 to 3 years corresponding to the training cycle, or for an indefinite period (CDI), starting with the apprenticeship period. The duration can be adapted to the apprentice's initial level.
Formalism : The contract must be written in triplicate, specify the apprenticeship supervisor, the diploma sought and the salary, and must be registered with the consular body (the CMA for artisans). Refusal to register prevents the contract from being performed.

Rights and obligations

Apprentice : They have employee status (social protection, paid holidays, etc.). Time spent at the CFA is actual working time. Working hours are regulated (particularly for minors: no night work in principle, limited working hours). Salary is a percentage of the minimum wage, which varies according to age and year of training. The trainee is obliged to attend the training course regularly and to sit the examination.
Employer : They must provide practical training in the company, assign tasks related to the diploma, enrol the apprentice at the CFA and allow him to attend classes. They must ensure the apprentice's safety (prohibition of dangerous work). Specific leave of 5 working days must be granted for direct preparation for the tests.
Apprenticeship supervisor : Designated in the contract, they are directly responsible for the in-company training. They must have the required professional and teaching skills. The Crafts Code sets age and qualification requirements (often the Brevet de Maîtrise or significant experience authorised by the CMA).

Breach of contract

Both parties are free to terminate the contract during the First 45 days (consecutive or otherwise) of practical training in a company. Beyond that, it can only be provided by written agreement of both parties, or, failing that, by decision of the Industrial tribunal in the event of serious misconduct, repeated breaches or unsuitability of the apprentice for the trade concerned. Administrative termination by the Labour Inspectorate is also possible in the event of risk to the apprentice or serious misconduct by the employer.

The craftsman's liability

Article 1242 paragraph 6 of the French Civil Code makes craftsmen specifically liable for damage caused by their apprentices "while they are under their supervision". The exact regime of this liability (presumption of fault? strict liability?) is debated, but it highlights the importance of apprentice supervision.

The status of the craftsman's spouse: choosing to protect

Since 2005, when a craftsman's spouse (whether married or in a civil partnership - cohabitation is not covered) is regularly involved in the business, the law has required them to choose an official status. The aim of this requirement is to put an end to "lawless" situations where the spouse worked without social protection or recognition. Article L. 121-4 of the Commercial Code provides for three options:

1. The status of collaborating spouse

This is often the preferred status in small organisations.

Terms and conditions: The spouse must carry out a regular professional activity in the company, without receiving direct remuneration and without being a partner. In companies (SARL/SELARL), this status is only available to the spouse of the sole or majority managing partner, and if the company has fewer than 20 employees. Significant outside salaried activity presumes the absence of regular collaboration.
Social rights : The collaborating spouse is personally affiliated to the old-age (basic and supplementary) and invalidity-death insurance schemes for tradespeople. They also receive maternity/paternity benefits.
Remuneration : By definition, there is no salary. However, in the event of the death of the owner-operator, the surviving spouse who has worked for at least 10 years without remuneration or profit-sharing is entitled to a deferred salary claim on the estate (limited to 3 times the annual SMIC and 25% of the assets).
Powers of attorney : The collaborating spouse is deemed to have received a mandate of the company director to carry out the administrative acts necessary for the business. It therefore commits the company director, but not him personally (unless he is at fault).
Specific protection : Article L. 121-5 of the French Commercial Code requires the express consent of the collaborating spouse before the craftsman can dispose of or encumber with real rights the essential elements of the business belonging to the community, or lease out the business.

2. The status of employed spouse

The aim here is to conclude a genuine employment contract between the craftsman and his spouse.

Advantages : The spouse benefits from the full range of social protection for employees (sickness, unemployment, retirement, etc.). The salary paid is a deductible expense for the company (subject to conditions, in particular the actual payment of social security contributions, with a capped tax deduction unless the employee is a member of an Approved Management Centre).
Disadvantages: Involves a legal relationship of subordination (which must be real), represents a cost for the company (salary + charges), and the spouse has no management powers of his or her own.

3. Associate status

This option is only available if the business is operated as a company (SARL, SAS...).

Rights : The spouse holds shares in the company, entitling him or her to dividends (depending on results and distribution policy) and voting rights at general meetings.
Social protection : The partner spouse is generally covered by the social security system for non-salaried workers (TNS), similar to that of the craftsman himself, except in special cases (salaried minority manager, etc.).
Risks : Involves participation in both profits and losses. The structure of the capital (e.g. 50/50) can pose problems of blockage in the event of disagreement.

The choice between these three statuses depends on a number of factors: the size of the business, the nature of the spouse's involvement, the couple's financial and social objectives, the matrimonial property regime, etc. It's an important decision that needs to be carefully considered.

The legal, social and tax implications of your spouse's status or taking on an apprentice are not insignificant. Contact our firm to choose the options best suited to your situation and secure your working and family relationships within the company.