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Funeral home staff

1. Defining the activity

Funeral staff are performing all the funeral services necessary for the organization and smooth running of the funeral.

The public funeral service includes various services such as the transport of the body, the organization of funerals and the sale of accessories.

To go further Article L. 2223-19 of the General Code of Local Authorities.

Two degrees. Professional qualifications

a. National requirements

National legislation

The requirement for professional qualification depends on the nature of the professional's activity in the funeral home. For more information, please refer to the "Funeral Welcome Agent," "Funeral Advisor," "Master of Ceremonies" and "Funeral Services" cards.

However, in order to practice in the funeral home, the professional must have undergon specific training (see "Training").

To go further Article L. 2223-25 of the General Code of Local Authorities.

Training

To practice, the professional must have completed at least 16 hours of training on:

  • Funeral legislation and regulations;
  • Hygiene and safety
  • psychology and the sociology of bereavement.

This training is funded by his employer as part of the continuing vocational training provided for in articles D. 6321-1 to D. 6321-3 of the Labour Code.

To go further Articles R. 2223-42 and R. 2223-48 of the General Code of Local Government.

b. EU nationals: for temporary and occasional exercise (Free Service Delivery (LPS))

Any national of a Member State of the European Union (EU) or a State party to the agreement on the European Economic Area (EEA) legally established and practising in the funeral home may carry out the same activity on an occasional and temporary basis France.

In order to do so, the person concerned must:

  • Where neither access to the activity nor its exercise is regulated in that Member State, justify having exercised this activity in a Member State for at least one year in the last ten years;
  • practice in an institution authorized by the prefect of the department where its head office is located (see Articles R. 2223-56 to R. 2223-65 of the General Code of Local Authorities).

To go further Article L. 2223-47 of the General Code of Local Authorities.

c. EU nationals: for a permanent exercise (Free Establishment (LE))

Any national of an EU state or the EEA legally established and engaged in a funeral home may perform the same activity in France on a temporary basis.

To do so, the individual must justify an experience acquired over the past ten years:

  • either as an executive or as an independent of:- three consecutive years in this activity,
    • two years in a row, as long as it justifies prior training and holds a certificate recognised by the Member State in which it has practised,
    • two years in a row, as long as he justifies having been in this activity for three years as an employee;
  • either as an employee and justify having undergo taken prior training sanctioned by a certificate issued in that Member State.

If the national does not justify any of these experiences, he must nevertheless justify either:

  • Have a certificate of competency or a training certificate allowing it to carry out this activity in a Member State that regulates its exercise;
  • have been doing this for at least one year in the last ten years and have a certificate of competency or training designation when the Member State does not regulate access or the exercise of this activity. This experience is not required if the certificate certifies regulated training.

Once the professional meets these requirements, he must apply for qualification recognition (see below "5 degrees). a. Application for qualification recognition for a permanent exercise (LE)).

To go further Article L. 2223-48 of the General Code of Local Authorities.

Three degrees. Conditions of honorability, ethical rules, ethics

The professional is bound by the national funeral regulations.

As such, it must include:

  • ensure compliance with family information provisions, including mandatory mentions of quotes and purchase orders issued, set out in Articles R. 2223-24 to R. 2223-32-1 of the General Code of Local Authorities (information relating to the professional and the nature of the services offered);
  • propose and comply with the requirements for funeral funding formulas (see Article R. 2223-33 of the General Code of Local Authorities);To go further Article R. 2223-23-5 and following from the General Code of Local Authorities.

It's a four-degree one. Criminal sanctions

The professional is fined 75,000 euros if he provides services in preparation for a funeral or within two months of death in order to obtain the order for supplies or benefits related to a death. Public road canvassing for these same benefits is also prohibited.

In addition, a five-year prison sentence and a fine of 75,000 euros are punishable by offering any benefits directly or indirectly (offers, gifts, promises, etc.) to persons with knowledge of a death. during their activity to obtain death-related benefits or to recommend the services of a professional.

To go further Articles L. 2223-33 and L. 2223-35 of the General Code of Local Government.

Five degrees. Qualification recognition procedures and formalities

a. Application for qualification for a permanent exercise (LE)

Competent authority

The professional must submit his request to the prefect of the department where he practices.

Supporting documents

The application is made by filing a file with the following supporting documents:

  • A valid piece of identification
  • A certificate of competency or a training certificate issued by a competent authority;
  • any evidence, if any, that the national has engaged in activity related to the funeral home for one year full-time or part-time in the last ten years in a Member State that does not regulate the profession.

Procedure

The prefect acknowledges receipt of the request and informs him within a month of any missing documents. The prefect has the professional qualifications checked and may, if necessary, decide to subject him to a compensation measure (see "Good to know: compensation measures").

To go further Articles R. 2223-133 and following from the General Code of Local Authorities.

Good to know: compensation measures

Where there are substantial differences between the training received by the professional and that required to carry out his activity related to the funeral home, the department prefect may require that he submit to the selection of an aptitude test or to an adaptation course.

The accommodation course consists of the national practising with a professional for up to two years. The aptitude test, on the other hand, involves the verification of all the professional knowledge set out in Article 2 of the Order of 25 August 2009 implementing the knowledge audit and compensatory measures for the recognition of professional qualifications in the funeral sector.

To go further Article L. 2223-50 of the General Code of Local Authorities.

b. Remedies

French assistance centre

The ENIC-NARIC Centre is the French centre for information on academic and professional recognition of diplomas.

Solvit

SOLVIT is a service provided by the National Administration of each EU member state or party to the EEA agreement. Its aim is to find a solution to a dispute between an EU national and the administration of another of these states. SOLVIT intervenes in particular in the recognition of professional qualifications.

Conditions

The person concerned can only use SOLVIT if he establishes:

  • that the public administration of one EU state has not respected its rights under EU law as a citizen or business of another EU state;
  • that it has not already initiated legal action (administrative action is not considered as such).

Procedure

The national must complete an online complaint form. Once his file has been submitted, SOLVIT contacts him within a week to request, if necessary, additional information and to verify that the problem is within his competence.

Supporting documents

To enter SOLVIT, the national must communicate:

  • Full contact details
  • Detailed description of his problem
  • all the evidence in the file (for example, correspondence and decisions received from the relevant administrative authority).

Time

SOLVIT is committed to finding a solution within ten weeks of the day the case was taken over by the SOLVIT centre in the country in which the problem occurred.

Cost

Free.

Outcome of the procedure

At the end of the 10-week period, SOLVIT presents a solution:

  • If this solution resolves the dispute over the application of European law, the solution is accepted and the case is closed;
  • if there is no solution, the case is closed as unresolved and referred to the European Commission.

More information

SOLVIT in France: General Secretariat for European Affairs, 68 rue de Bellechasse, 75700, Paris ( official website ).