Beauty salon-Beautician

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1°. Defining the activity

a. Definition

The beautician is a professional in care and beauty. The professional performs aesthetic treatments and comfort models. These acts are neither medical nor paramedical in nature.

For further information: Act 96-603 of 5 July 1996 on the development and promotion of trade and crafts.

b. competent CFE

The relevant CFE depends on the nature of the structure in which the activity is carried out:

• For a craft profession, the competent CFE is the Chamber of Trades and Crafts (CMA);
• for commercial companies, it is the Chamber of Commerce and Industry (CCI);
• for civil societies, this is the registry of the Commercial Court;
• for civil societies in the departments of the Lower Rhine, Upper Rhine and Moselle, this is the registry of the district court.

Good to know

The activity is considered commercial as long as the company has more than ten employees (except in the Lower Rhine, Upper Rhine and Moselle where the activity remains artisanal regardless of the number of employees of the company provided that it does not use an industrial process). On the other hand, if the company has ten or fewer employees, its activity is considered artisanal. Finally, if the professional has a buying and resale activity, his activity is both artisanal and commercial.

2°. Installation conditions

a. Professional qualifications

The person concerned who wishes to work as a beautician must have a professional qualification or exercise under the effective and permanent control of a person with this qualification.

To be considered professionally qualified, the person must hold one of the following diplomas or titles:

• Certificate of Professional Ability (CAP) "Cosmetic Cosmetic Perfumery"
• professional patent "Cosmetic Cosmetic Perfumery" patent;
• Professional bachelor's degree (bac pro) "Cosmetic cosmetic perfumery";
• Certificate of Senior Technician (BTS) "Cosmetic Aesthetics";
• master's certificate "Cosmetician Aesthetician" issued by the Permanent Assembly of Chambers of Crafts and Crafts (APCMA).

In the absence of one of these diplomas or titles, the person concerned must justify an effective three years of professional experience in the territory of the European Union (EU) or the European Economic Area (EEA), acquired as a business manager, self-employed or self-employed in the course of the work of beautician. In this case, the person concerned is advised to contact the Chamber of Trades and Crafts (CMA) to request a certificate of professional qualification.

For further information: Article 16 of Law 96-603 of 5 July 1996 on the development and promotion of trade and crafts; Decree 98-246 of 2 April 1998 relating to the professional qualification required for the activities of Article 16 of Act 96-603 of 5 July 1996.

b. Professional Qualifications - EU or EEA nationals (Free Service Or Freedom of establishment)

For a temporary and casual exercise (LPS)

Any national of an EU or EEA Member State, who is established and legally practises the activity of beautician in that state, may carry out the same activity in France, on a temporary and occasional basis.

He must first make the request by declaration to the CMA of the place in which he wishes to carry out the service.

In the event that the profession is not regulated, either in the course of the activity or in the context of training, in the country in which the professional is legally established, he must have carried out this activity for at least one year, in the course of the ten years before the benefit, in one or more EU Member States.

Where there are substantial differences between the professional qualification of the national and the training required in France, the competent CMA may require that the person concerned submit to an aptitude test.

For further information: Article 17-1 of the Act of 5 July 1996; Article 2 of the decree of 2 April 1998 amended by the decree of 4 May 2017.

For a permanent exercise (LE)

In order to carry out the activity of beautician in France on a permanent basis, the EU or EEA national must meet one of the following conditions:

• have the same professional qualifications as a Frenchman;
• have worked as a beautician for two consecutive years, either independently or as a business leader, as long as he holds a certificate of training recognised by an EU or EEA state;
• hold a certificate of competency or training certificate required for the exercise of the activity of beautician in an EU or EEA state when that state regulates access or the exercise of this activity on its territory;
• have a certificate of competency or a training certificate that certifies its preparation for the exercise of the activity of beautician/ne when this certificate or title has been obtained in an EU or EEA state that does not regulate access or the exercise of this activity;
• have a diploma, title or certificate acquired in a third state and admitted in equivalence by an EU or EEA state on the additional condition that the person has been working as a beautician in the state that has admitted equivalence.

If the eu's qualifications are met, a national of an EU or EEA state will be able to apply for a certificate of recognition of professional qualification.

Where there are substantial differences between the professional qualification of the national and the training required in France, the competent CMA may require that the person concerned submit to compensation measures.

For further information: Articles 17 and 17-1 of Law 96-603 of 5 July 1996; Articles 3 to 3-2 of the decree of 2 April 1998 amended by the decree of 4 May 2017.

c. Honorability

No one may practise as a beautician if he is the subject of:

• a ban on directly or indirectly running, managing, administering or controlling a commercial or artisanal enterprise;
• a penalty of prohibition of professional or social activity for any of the crimes or misdemeanours provided for in Article 131-6 of the Penal Code.

For further information: Article 19 III of Act 96-603 of July 5, 1996.

d. Some peculiarities of the regulation of the activity

Compliance with safety and accessibility standards

As long as the premises in which the professional operates are open to the public, he must ensure that the safety and accessibility standards applicable to all public institutions (ERP) are respected.

For example, fire prevention measures and access to premises for people with reduced mobility must be taken.

It is advisable to refer to the listing "  Establishment receiving the public  for more information.

For further information: order of June 25, 1980 approving the general provisions of the fire and panic safety regulations in public institutions.

Regulations on the quality of craftsman and the title of best worker in France

Craftsmanship

To claim the status of craftsman, the person must justify either:

• a CAP, a BEP or a certified or registered title when it was issued to the RNCP at least equivalent (see above: "2. a. Professional qualifications");
• professional experience in this trade for at least three years.

For further information: Article 1 of Decree 98-247 of 2 April 1998 on artisanal qualification and the repertoire of trades.

The title of best worker in France (MOF)

The professional diploma "one of the best workers in France" is a state diploma that attests to the acquisition of a high qualification in the exercise of a professional activity in the artisanal, commercial, industrial or agricultural field.

The diploma is classified at level III of the interdepartmental nomenclature of training levels. It is issued after an examination called "one of the best workers in France" under a profession called "class" attached to a group of trades.

For more information, it is recommended that you consult official website of the competition "one of the best workers in France" .

For further information: Article D. 338-9 of the Education Code.

Regulation of specific benefits

The beautician cannot practice massage activities on his clients, which are reserved for massage therapists, but only so-called modeling activities. It is an external superficial manoeuvre performed on the skin of the face and the human body for an exclusively aesthetic and comfort purpose, to the exclusion of any medical and therapeutic purpose.

Similarly, for the hair removal part, he will not be able to use only techniques of hair removal with pliers or wax, the other operations being reserved for doctors.

Please note

Regulations for pulsed light hair removal in institutes have not yet been finalized. An opinion from the National Health Safety Agency states that the beautician who performs this activity should have a specialized diploma. Discussions are still ongoing.

Price display

The beautician must display outside his institute the all-tax (TTC) tariffs he practices. Inside, it will have to offer a complete brochure of the services performed as well as their TTC prices.

3°. Installation procedures and formalities

a. Company reporting formalities

Depending on the nature of the business, the entrepreneur will have to register with the Trades and Crafts Register (RMA) or the Trade and Corporate Register (RCS). It is advisable to refer to the corresponding listings for more information.

b. Follow the installation preparation course (SPI)

The installation preparation course (SPI) is a mandatory prerequisite for anyone applying for registration in the trades directory.

Terms of the internship

Registration is done upon presentation of a piece of identification with the territorially competent CMA. The internship has a minimum duration of 30 hours and is in the form of courses and practical work. Its objective is to acquire the essential knowledge in the legal, tax, social and accounting fields necessary to create a craft business.

Exceptional postponement of the start of the internship

In the event of a force majeure, the person concerned is allowed to carry out the SPI within one year of the registration of his company in the trades directory. This is not an exemption but simply a postponement of the internship, which remains mandatory.

The result of the internship

The participant will receive a certificate of follow-up internship which he must attach to his business declaration file.

Cost

The internship pays off. As an indication, the training cost about 260 euros in 2017.

Case of internship waiver

The person concerned may be excused from completing the internship in two situations:

• if he has already received a level III-approved degree or diploma, including a degree in economics and business management, or a master's degree from a CMA;
• if he has been in a professional activity for at least three years requiring a level of knowledge equivalent to that provided by the internship.

Internship exemption for EU or EEA nationals

As a matter of principle, a qualified professional who is a national of the EU or the EEA is exempt from the SPI if he justifies with the CMA a qualification in business management giving him a level of knowledge equivalent to that provided by the internship.

The qualification in business management is recognized as equivalent to that provided by the internship for people who are:

• have been engaged in a professional activity requiring a level of knowledge equivalent to that provided by the internship for at least three years;
• have knowledge acquired in an EU or EEA state or a third country during a professional experience that would cover, fully or partially, the substantial difference in content.

For those who do not meet these conditions, the Consular Chamber may require them to submit to a compensation measure if the examination of his professional qualifications shows substantial differences with those required in France to run a craft company.

Terms of the internship waiver

In order to be exempt from SPI, the person concerned (French or EU or EEA national) must apply to the CMA President concerned for an exemption from internship.

He must accompany his mail with the following supporting documents:

• Copying the Level III-approved diploma;
• Copy of the master's degree;
• proof of a professional activity requiring an equivalent level of knowledge;
• paying variable fees.

Failure to respond within one month of receiving the application is worth accepting the application for an internship waiver.

For further information: Article 2 of Act 82-1091 of 23 December 1982, Article 6-1 of Decree 83-517 of 24 June 1983.

c. Request a pre-declaration of activity for the EU or EEA national for a temporary and casual exercise (LPS)

Competent authority

The CMA of the place in which the national wishes to carry out the benefit, is competent to issue the prior declaration of activity.

Supporting documents

The request for a pre-report of activity is accompanied by a complete file containing the following supporting documents:

• A photocopy of a valid ID
• a certificate justifying that the national is legally established in an EU or EEA state;
• a document justifying the professional qualification of the national who may be, at your choice:- A copy of a diploma, title or certificate,
  • A certificate of competency,
  • any documentation attesting to the national's professional experience.

What to know

If necessary, the pieces must be translated into French by a certified translator.

Please note

When the file is incomplete, the CMA has a period of fifteen days to inform the national and request all the missing documents.

Outcome of the procedure

Upon receipt of all the documents in the file, the CMA has one month to decide:

• either to authorise the benefit where the national justifies three years of work experience in an EU or EEA state, and to attach to that decision a certificate of professional qualification;
• or to authorize the provision when the national's professional qualifications are deemed sufficient;
• or to impose an aptitude test on him when there are substantial differences between the professional qualifications of the national and those required in France. In the event of a refusal to perform this compensation measure or if it fails to perform, the national will not be able to perform the service in France.

The silence kept by the competent authority within this period is worth authorisation to begin the provision of service.

For further information: Article 2 of the decree of 2 April 1998; Article 2 of the decree of 17 October 2017 relating to the submission of the declaration and requests provided for by Decree 98-246 of 2 April 1998 and Title I of Decree 98-247 of 2 April 1998.

d. If necessary, apply for a certificate of recognition of professional qualification

The person concerned wishing to have a diploma recognised other than that required in France or his professional experience may apply for a certificate of recognition of professional qualification.

Competent authority

The request must be addressed to the territorially competent CMA.

Procedure

An application receipt is sent to the applicant within one month of receiving it from the CMA. If the file is incomplete, the CMA asks the person concerned to complete it within a fortnight of filing the file. A receipt is issued as soon as the file is complete.

Supporting documents

The folder should contain the following parts:

• Applying for a certificate of professional qualification
• A certificate of competency or diploma or vocational training designation;
• Proof of the applicant's nationality
• If work experience has been acquired on the territory of an EU or EEA state, a certificate on the nature and duration of the activity issued by the competent authority in the Member State of origin;
• if the professional experience has been acquired in France, the proofs of the exercise of the activity for three years.

The CMA may request further information about its training or professional experience to determine the possible existence of substantial differences with the professional qualification required in France. In addition, if the CMA is to approach the International Centre for Educational Studies (CIEP) to obtain additional information on the level of training of a diploma or certificate or a foreign designation, the applicant will have to pay a fee Additional.

What to know

If necessary, all supporting documents must be translated into French .

Response time

Within three months of the receipt, the CMA may:

• Recognise professional qualification and issue certification of professional qualification;
• decide to subject the applicant to a compensation measure and notify him of that decision;
• refuse to issue the certificate of professional qualification.

In the absence of a decision within four months, the application for a certificate of professional qualification is deemed to have been acquired.

Remedies

If the CMA refuses to issue the recognition of professional qualification, the applicant may initiate, within two months of notification of the refusal of the CMA, a legal challenge before the relevant administrative court. Similarly, if the person concerned wishes to challenge the CMA's decision to submit it to a compensation measure, he must first initiate a graceful appeal with the prefect of the department in which the CMA is based, within two months of notification of the decision. CMA. If he does not succeed, he may opt for a litigation before the relevant administrative tribunal.

For further information: Articles 3 to 3-2 of Decree 98-246 of 2 April 1998; decree of 28 October 2009 under Decrees 97-558 of 29 May 1997 and No. 98-246 of 2 April 1998 relating to the procedure for recognising the professional qualifications of a professional national of a Member State of the Community or another state party to the European Economic Area agreement.