" Section 5

"Future contracts and insert-activity minimum income contracts

" Art. R. 322-17. -May conclude the contract for the future provided for in Article L. 322-4-10 the beneficiaries of the minimum income allocation for insertion, the specific solidarity allowance or the allocation of an isolated parent whose rights have been opened since then Less than six months in the last twelve months at the conclusion of the contract.
" When they have succeeded in the last twelve months, the periods during which the rights to the specific solidarity allowance, to the allowance Of the isolated parent or the allowance of minimum income of insertion have been opened shall be cumulative to determine the term of the preceding paragraph.
" Where they do not fulfil the six-month seniority requirement to One of those allowances, the persons mentioned in the first paragraph who are in possession of a sentence and at the time of their release, persons previously detained, prevented or convicted, may benefit from a contract The future.
" Art. R. 322-17-1. -Where the person is entitled simultaneously to several allowances referred to in the first subparagraph of Article L. 322-4-10, the contract shall be signed with the person concerned in his capacity as beneficiary of the allowance, the amount paid in the preceding calendar month Is the most important. The payment of the assistance to the employer is the responsibility of the community responsible for this allowance.
" Art. R. 322-17-2. -The agreement accompanying the contract of the future shall be concluded and implemented by the President of the General Council, the mayor of the municipality of residence of the beneficiary or, where appropriate, the President of the public institution of cooperation Intercommunal.
" However, and subject to the last paragraph of Article L. 322-4-10, where the conclusion and implementation of the Convention for the benefit of beneficiaries of the allocation of minimum income for insertion must be ensured by The municipality or, where appropriate, by the public establishment of inter-communal cooperation, these shall be subject to the prior conclusion of the Convention provided for in the fourth paragraph of Article L. 262-37 of the Code of Social Action and
. Art. R. 322-17-3. -The President of the General Council, the Mayor or the President of the public institution of inter-communal cooperation may delegate all or part of the competence of Article L. 322-4-11 to one of the bodies mentioned in the first and Third paragraphs of Article L. 311-1. This delegation gives rise to a convention that includes:
" 1 ° The nature of delegated skills;
" 2 ° Qualitative and quantitative objectives for future contract agreements;
" 3 ° Control arrangements and Followed by these conventions.
" The steering committee provided for in the fifth paragraph of Article L. 322-4-10 shall be kept informed of this delegation by the President of the General Council, the Mayor or the President of the public cooperation institution Intercommunal.
" Art. R. 322-17-4. -The employer, prior to hiring in the contract of the future, must send a request for a convention to the President of the General Council or to the mayor of the municipality of residence of the beneficiary of the allocation or, where appropriate, to the President of the institution Public of inter-communal cooperation to which the municipality adheres, or to the delegated body, in the cases provided for in Articles R. 322-17-2 and R. 322-17-3. The agreement entered into is effective only from the date of hiring that cannot be earlier than the date of conclusion of the agreement.
" The employer must first renew the contract to the territorial community or The public establishment of inter-communal cooperation that is a signatory to the original agreement or to the delegate any request for renewal of the Convention. The renewal of the contract shall take effect on the date of renewal of the
. The President of the General Council, the Mayor or the President of the Public Institution for Intercommunal Cooperation shall address the National Development Centre The structures of the agricultural holdings referred to in Article L. 313-3 of the Rural Code, a copy of the Convention and, where appropriate, of the renewal
. Art. R. 322-17-5. -The agreement that accompanies the future contract has the following data:
" (a) The identity, address and SIRET number of the employer;
" (b) The name and address of the beneficiary;
" (c) Age, level of training, Situation at the time of employment with respect to the allowances referred to in Article L. 322-4-10;
" (d) Its national identification number for natural persons;
" (e) Characteristics of the proposed employment ;
" (f) The date of hiring and termination of the contract;
(g) The duration of the work and, where appropriate, the indicative programme of the distribution of working hours pursuant to Article R. 322-17-6 over the period covered by the contract ;
" (h) The nature and duration of the accompanying and training actions;
(i) The person or organization responsible for placement or insertion;
" (j) The amount and manner of payment of the assistance paid to the employer by the Allocation debtor;
" (k) The organization responsible for the payment of the allowance for the recipient of the contract of the future;
" (l) The assessment body and the relevant social contributions;
" (m) Amount and Payment of state aid to the employer;
" (n) The arrangements for monitoring and evaluating the Convention;
" (o) The manner in which the aid is repaid, in particular in the case of non-compliance by the employer with its obligations Contract.
" An annex to the Convention sets out the objectives, the programme and the arrangements for organising and evaluating the accompanying and training actions. It shall also specify the procedures for the intervention of the person or body designated as a reference for the monitoring of the beneficiary's career
. A decree of the minister responsible for employment sets out the model of the convention Necessary for the application of this section.
" Art. R. 322-17-6. -The contract of the future may provide that the weekly or monthly duration of the work varies, within a third of its duration, on all or part of the year, provided that, over a period of one year, the average weekly duration is equal to 26 hours. For the calculation of remuneration, the number of weekly hours worked shall be deemed to be 26. The indicative programme for the distribution of the duration of work over the year shall be communicated in writing to the employee at least fifteen working days before the annual reference period; the possible modification of that programming shall also Respect a period of 15 days.
" Art. R. 322-17-7. -I.-In case:
" 1 ° medically found to be eligible for the daily allowance provided for under Article L. 321-1 of the Social Security Code;
" 2 ° Occupational accident and occupational disease accident The daily allowance provided for in Article L. 433-1 of the same code;
" 3 ° Maternity, paternity or adoption leave provided for in Articles L. 122-25 et seq. Of this Code and entitled to the daily allowance provided for in Articles L. 331-3 and following of social security;
" The employer of an employee on a contract of the future shall inform the National Centre for the Management of Agricultural Structures within 15 days, and the President of the General Council, to which it transmits copies of the documents justifying the suspension of the contract for the reasons listed above. From the date of the suspension, the payment of the aid referred to in II of Article L. 322-4-12 relating to the period shall be interrupted and the sums unduly received shall be paid
. II. -By way of derogation from the provisions of the I of this Article, in the event of suspension of the contract of employment with total or partial maintenance of the remuneration, the aid referred to in II of Article L. 322-4-12 relating to the period shall continue to be Paid.
" III. -In the event of suspension of the contract of the future or in the event of an anticipated break in application of Article L. 322-4-12, the employer shall inform the community or body of the agreement and the Centre within seven clear days. National for the development of farm structures, to which it transmits:
" 1 ° In the event of a breach of the initiative of the employee of the contract or of the employer, the copy of the letter of rupture mentioning, if applicable, whether Occurred during the trial period;
" 2 ° In the case of serious or force majeure, the copy of the letter indicating the immediate termination of the contract;
" 3 ° In the case of a breach justified by the conclusion with another The employer of a fixed-term contract of a duration of more than six months or of an indefinite contract or the follow-up of a training enabling the acquisition of one of the qualifications mentioned in the first four paragraphs of Article L. 900-3, any document justifying the hiring or registration for training.
" 4 ° In case of suspension of the contract of the future to conduct a trial period with another employer, the copy of the corresponding contract of
. Art. R. 322-17-8. -I.-In the event of non-compliance with the provisions of the agreement accompanying the contract of the future by the employer, the President of the General Council, the Mayor or the President of the public institution of inter-communal cooperation, or the delegate Party to the Convention shall inform the employer beforehand of its intention to denounce the Convention. It has seven days to make its observations known.
" The authorities referred to in the preceding paragraph shall inform the National Centre for the Management of Farm Structures and the Agency of Collection of contributions and the competent social contributions of the denunciation of the Convention
In the event of termination, the employer is required to repay all amounts already collected. It is also required to pay the amount of the social security contributions that it has been exempt from under the contract of employment under consideration. These contributions must be paid no later than the first due date of contributions and social contributions following the date of notification to the employer of the decision to denunciation
It shall be subject to the same obligations in respect of Hours of work not carried out, but having given rise to the benefit of the aid and exemptions from social contributions, on the effective date of the breach of the contract of the future or of its suspension for one of the grounds listed in the II of Article R. 322-17-7.
" II. -In the event of a breach of the contract of the future before the term originally fixed in the agreement referred to in Article L. 322-4-11, the agreement shall be terminated at full
. Art. R. 322-17-9. -I.-State aid granted under the second subparagraph of Article L. 322-4-12 shall be calculated on the basis of the difference between the gross monthly remuneration paid to the employee by the employer and the amount of the aid granted to the employer in Application of the first paragraph of II of the same article. Gross earnings shall mean wages and contributions payable by the employer in respect of unemployment insurance and supplementary social protection within the meaning of Article L. 911-2 of the Social Security Code, where they result from Legislative or regulatory provisions or collective agreements made mandatory by laws or regulations.
" Subject to the renewal of the agreement, it shall be equal to:
" 1 ° 75 % of the amount Referred to in previous paragraph for first year of contract;
" 2 ° 50 % the second year;
" 3 ° 25 % in the third year as well as for the fourth and fifth years when the contract benefits elderly persons Fifty years or more on the date of hiring.
" Employers under contract under Article L. 322-4-16-8 shall receive aid equal to 75 % of the amount referred to in the first subparagraph of this Article throughout the period To execute contract.
" II. -The aid referred to in the first paragraph of Article L. 322-4-12 shall be paid by the National Centre for the Management of Agricultural Structures for the beneficiaries of the specific solidarity allowance and the allocation Of an isolated parent and by the department or any organization with which it has convention for the beneficiaries of the minimum insertion income allocation.
" The aid referred to in the second subparagraph of II and III of Article L. 322-4-12 Are paid by the National Centre for the Management of Farm Structures.
" The aid is prorated on the basis of an indivisible thirtieth. They shall be paid monthly and in advance, with the exception of the aid referred to in III of Article L. 322-4-12, which shall be paid in one
. Where appropriate, the department responsible for providing the assistance of the department to the employer pursuant to the The first paragraph of Article L. 322-4-12 of Article L. 322-4-12 provides for the recovery of any undue payment of the aid withheld on the amount of the stencilling aid. In the absence of recovery of the stencils, the President of the General Council shall note the sums paid and shall transmit to the departmental payer the corresponding revenue title for the recovery. In the event that the right to aid has ceased, the reimbursement shall be made in a single time or according to a schedule established by the departmental payer.
" Art. R. 322-17-10. -The conversion of the contract of the future to an indefinite contract opens the right to the aid referred to in the first paragraph of Article L. 322-4-12. This transformation must take place before the outcome of the contract for the future. The aid shall be paid after six months of the employee's permanent fixed-term employment with the employer. The latter shall transmit a copy of the contract of employment to the National Centre for the Management of Agricultural Structures which provides for the payment of the
. The amount of the lump sum aid shall be fixed by an order The spouse of the Minister responsible for employment and the Minister responsible for the budget
Art. R. 322-17-11. -I.-Automated processing of personal data is implemented to ensure the management, control and accounting and statistical monitoring of contracts of the future and contracts insert-minimum income of activity.
" II. -The bodies referred to in Article L. 262-30 of the Code of Social Action and Families and in Article L. 351-21 of the Labour Code transmit by computer to the National Centre for the Management of Agricultural Structures The following data necessary for the identification of beneficiaries of the minimum income allocation for insertion, the allocation of an isolated parent and the specific solidarity allowance fulfilling the conditions for the benefit of a contract Future or contract insert-minimum activity revenue:
" 1 ° Name, address of interested parties;
" 2 ° Their date of birth;
" 3 ° Their registration number in the national identification directory for natural persons;
" 4 ° The amount of the allowance received and the duration of entitlement to the allowance.
" III. -With a view to the preparation and conclusion of the contract agreements for the future, the National Centre for the Management of Agricultural Structures transmits to the executive of the territorial community, the public establishment of Inter-communal cooperation or to the delegate, at his request, the personal information relating to persons fulfilling the conditions laid down in Article R. 322-17: the name, address, date of birth and nature of the allowance
. " IV. -With a view to the preparation and conclusion of the contract agreements insert-minimum operating income, the National Centre for the Management of Farm Structures transmits to the President of the General Council or to the local agency For employment, at its request, the following data relating to persons fulfilling the conditions laid down in Article D. 322-22-1: the name, address, date of birth and nature of the allowance received.
" V. The National Centre for The development of the structures of the agricultural holdings referred to in Article L. 313-3 of the Rural Code shall be responsible for the data entry of the data contained in the conventions provided for in Articles R. 322-17-5 and R. 322-17-13.
" The Delegations National Centre for the Management of Farm Structures uses the data for:
" 1 ° Calculation and payment of aid to the employer under the contract of the future or contract insert-minimum income Insertion and aid granted to the employer pursuant to the provisions of the third paragraph of I of Article L. 332-4-15 -6 and Article R. 322-17-10;
" 2 ° Development of anonymous statistical and financial data.
" VI. -For the application of the provisions laid down in Articles R. 351-35 of this Decree and R. 262-8 of the Code of Social Action and Families, R. 524-3 of the Social Security Code, the National Centre for the Management of Farm Structures To the organisations referred to in Article L. 262-30 of the Code of Social Action and Families and Article L. 351-21 of the Labour
: 1 ° The following information on persons who have entered into a contract for the future And necessary for the determination, title and liquidation of their entitlement to the allowance:
" (a) The name and address of the employee on contract for the future;
" (b) The national identification number of the Natural persons;
" (c) The effective date of the contract and its date of arrival;
" (d) The corresponding income.
" 2 ° Information relating to any change in the situation of the employee having the effect of changing the Amount of employer assistance referred to in the first paragraph of Article L. 322-4-12.
" VII. -The departmental directorates of labour, employment and vocational training and, at their request, the services of the territorial authorities, public institutions for inter-communal cooperation and the delegates fulfilling the The conditions laid down in the second paragraph of Article III of this Article are the sole recipients of the personal data relating to the contracts of the future contained in the conventions, with the exception of the registration number in the national directory Identification of natural persons.
" The departmental directorates of labour, the employment of vocational training and, at their request, the services of the General Council and the local employment agency are the sole recipients of the Personal data relating to the contract insert-minimum income of activity contained in the conventions, with the exception of the national identification number for natural persons.
" VIII. -For the purposes of financial and statistical monitoring of the implementation of these contracts, the Presidents of the General Councils, the département prefects, the central and regional departments of the Ministry responsible for employment are the recipients of data Aggregated statistics.
" The statistical services of the Ministry responsible for employment are also addressees of individual information extracted from the conventions, previously made anonymous for the construction of statistical samples Representative.
" IX. -Personal data may not be kept beyond the period necessary for the conduct of the operations provided for in II and VIII of this
. The registration, use, preservation and transmission of these Data are performed according to the terms and conditions of confidentiality.
" X. -The beneficiary of the contract of the future may exercise the right of access provided for in Article 39 of Act No. 78-17 of 6 January 1978, as amended Informatics, files and freedoms with the executive of the territorial community, the public institution of inter-communal cooperation or the delegated body and the regional delegation of the National Development Centre Farm structures.
" The beneficiary of the contract insert-minimum income may exercise the right of access provided for in Article 39 of the same Law to the President of the General Council or the local agency for The employment and regional delegation of the National Centre for the Management of Farm
. Where a correction is made, the body making the correction shall notify the body which has issued the information or has Been delivered to.
" Art. R. 322-17-12. -The amount of the exemption referred to in the last paragraph of II of Article L. 322-4-12 is equal to the amount of the social security contributions relating to the part of the remuneration paid to employees under the agreements Under Article L. 322-4-11 not exceeding the product of the interprofessional minimum wage by the monthly working time equivalent to twenty-six hours per week.
" Art. R. 322-17-13. -I.-The agreement accompanying the contract insert-minimum operating income includes, in particular, the following:
' (a) The identity, address and SIRET number of the employer;
" (b) The name and address of the employee;
(c) Son Age, level of training, situation at the time of employment with respect to employment;
(d) Its situation with regard to the allowances referred to in Article L. 322-4-15;
" E) Its national registry number Identification of natural persons;
" (f) The characteristics of the proposed employment;
" (g) The date of hiring and termination of the contract;
H) The duration of the job;
" (i) Amount of remuneration received;
" (j) Amount and Terms and conditions for payment of assistance from the debtor community to the employer;
" (k) The organization responsible for the payment of the allowance for which the benefit of the aid is allocated;
" (l) The contribution collection agency and Competent social contributions;
" (m) The terms of control and evaluation of the Convention by the Department or the State;
" (n) The arrangements for the payment of unduly perceived
. II. -An annex to the Convention sets out the objectives and arrangements for organising and evaluating vocational guidance, tutoring, individualised monitoring, employment support, vocational training and validation Professional achievements. It includes:
" (a) The nature, duration and purpose of the actions referred to in the second subparagraph of Article L. 322-4-15 -2;
" (b) The identity and functions of the person designated as a guardian within the institution;
" (c) Name and address of the bodies responsible for vocational training and coaching in the employment to which the employer has recourse, where
. A decree of the minister responsible for employment sets out the models of the convention Necessary for the purposes of this section. "