Key Benefits:
Prime Minister,
On the report of the Minister of Social Affairs, Labour and Solidarity and the Minister for Overseas,
Given the code Work;
Due to the Social Security Code;
Given the Currency and Financial Code;
Given the Labour Code applicable to Mayotte;
Given the General Tax Code of Mayotte;
Due to Act No. 52-1322 of December 15, 1952, as amended Establishing a labour code in the territories and associated territories under the Ministry of Overseas France, in particular Article 164;
In view of Act No. 85-595 of 11 June 1985 on the status of the archipelago Saint-Pierre-et-Miquelon, in particular Article 21;
In view of Order No. 96-1122 of 20 December 1996 on the improvement of public health in Mayotte, ratified by Act No. 98-144 of 6 March 1998;
Given the Overseas Program Act (n ° 2003-660 of 21 July 2003);
In view of Decree No. 2001-276 of 2 April 2001 for the application of Articles 2 and 5 of Law No. 2000-1207 of 13 December 2000 for overseas orientation and amending the Social Security Code;
Vu The opinion of the Guadeloupe Regional Council as of 2 December 2003;
Given the referral to the Regional Council of French Guiana as of 5 November 2003;
Seeing the referral to the Martinique Regional Council of 5 November 2003;
In view of the opinion Regional Council of Réunion as of December 5, 2003;
Seeing the Referral to the General Council of Guadeloupe dated November 20, 2003;
In view of the opinion of the General Council of Guyana dated November 27, 2003;
In view of the opinion of the Council General of Martinique as of December 11, 2003;
Seeing the meeting of the General Council of the Meeting as of November 10, 2003;
In view of the opinion of the General Council of Mayotte dated 17 December 2003;
In the opinion of the General Council of Saint-Pierre-et-Miquelon dated November 13, 2003;
In the opinion of the Board of Directors of the Central Agency of Social Security Organizations dated November 21, 2003;
In the opinion of the Board of Governors of the National Institution of Social Security Invalids of the Navy as of December 17, 2003;
The Conseil d' Etat (social section) heard,
Describes:
The Social Security Code (Part Two: Orders in Council of State) is thus amended:
I. The third paragraph of Article R. 752-19 reads as follows:
" For the Employees whose remuneration may not be determined in the month on the basis of a number of hours of paid work, the number of hours worked shall be deemed to be equal to the collective working time applicable in the establishment Or the part of the establishment where the employee is employed on the month. When their period of paid employment covers part of the calendar month, the number of hours to be taken into account shall be equal to the product of the number of calendar days included in the period by a thirtieth of the number of hours corresponding to that duration Collective. "
II. -Article R. 752-20 is thus amended:
1 ° The first, second and third paragraphs of the I are replaced by the following provisions:
" For the application of the thresholds laid down in Article L. 752-3-1, 1 and 2 ° I, the number of staff members Is that of employees employed by the company, all establishments combined, located in the same department. It shall be assessed on average on the calendar year and determined in accordance with the procedure laid down in Article L. 421-2 of the Labour Code and shall be rounded to the nearest
. Pending the determination of the strength of the year, account shall be taken of The workforce employed by the firm in the previous year. However, in the event of a decrease in its workforce, the undertaking may obtain the application of the exemption for the current year under the conditions laid down in Article D. 752-6.
" As an instalment, the exemption is applicable for each month Compensation paid during the month within the limit of ten employees in the general case and fifty employees for enterprises in the construction and public works sector. "
2 ° The II is written:
" II. -The benefit of the exemption provided for in Article L. 752-3-1 of the undertakings, employers and bodies mentioned in 1 ° and at 2 ° of the I of this Article, which are created or established in the department and whose strength is, the year of creation or Establishment, fewer than eleven employees in the general case and less than 50 employees for businesses in the construction and public works
. This work force shall be determined in accordance with the procedures laid down in the first subparagraph of the Of this article pro rata to the number of calendar months of business activity in the department during the year in which the establishment or establishment took place. Pending the determination of this year's strength, the company shall apply the exemption for calendar months in which it does not exceed 10 or 50 employees, as the case may be.
" If the workforce so determined is Less, as the case may be, at eleven or fifty and one employee, the undertaking shall make an adjustment of contributions no later than 31 March of the following year, the exemption being applicable, in respect of that first year of operation, to the Remuneration paid, as the case may be, to no more than ten or fifty employees.
" In the general case, if the number of employees so determined is more than ten employees, the exemption is not applicable, as the undertaking is not eligible for the exemption. If the number of employees in the construction and public works sector is more than fifty employees, the rate of exemption is reduced by 50 %. "
III. -In Article R. 752-21, the words: Under Article 2 (2) of Article L. 752-3-1 " Are replaced by the words: " Under 2 ° and 3 ° of the I, II and III of Article L. 752-3-1 ".
IV. -Article R. 752-23 is repealed.
Article 2 of the decree of 2 April 2001 is thus amended:
I.-Au premier Paragraph, the words " To R. 752-23 " Are replaced by the words: " To R. 752-22 ".
II. -In the I, the words: The exemption provided for in the I Are replaced by the words: " The exemptions provided for in the cases referred to in the 1 ° of the I, as well as in II and III of Article L. 752-3-1 ... ".
III. -The first paragraph of II shall be replaced by the following:
" This exemption is limited to the amount of these contributions and contributions due on a fixed salary per day of embarkation:
" 1 ° For remunerations Paid up to 30 June 2004, at a thirtieth of 169 times the hourly value of the minimum growth wage plus 30 %, 40 % or 50 % depending on whether the sailor receives the exemptions provided for in 1 ° of the I, II or III of Article L. 752-3-1 of the code of Social security;
" 2 ° For remuneration paid up to 30 June 2005, at a thirtieth time of 160.33 times the hourly value of the minimum wage, plus 30 %, 40 % or 50 % depending on whether the sailor benefits from the exemptions provided for in the 1 ° of the I, II or III of the same Article L. 752-3-1;
3 ° For remuneration paid from 1 July 2005, to a thirtieth of 151.67 times the hourly value of the minimum wage, increased by 30 %, 40 % or 50 %, depending on whether the Shall be granted exemptions under 1 ° of I, II or III of the same Article L. 752-3-1.
Chapter II of Title I of Book VIII of Labour Code (Second part: Orders in Council of State) is thus amended:
I.-In the last indent of Article R. 812-3, after the words: Lump sum or real basis ", are added the words:" In the case where the employee's activity Has not exceeded one hundred days, consecutive or not, in the business during the calendar year. ".
II. -At the beginning of the second paragraph of Article R. 812-5, the words: For the determination of the limit of one hundred days per year in the same undertaking provided for in the fifth paragraph of Article L. 812-1 " Are replaced by the words: " For determination of the Limit of one hundred days per year in the same undertaking provided for in the fourth paragraph of Article L. 812-1, ".
III. -In the last paragraph of Article R. 812-7, it is added, after the words: By Article 199 sexdecies of the General Tax Code ', the words' Or by special tax provisions applicable to Saint-Pierre-et-Miquelon ".
IV. -In Article R. 812-9, it is added after the words: Article 87 of the General Tax Code ", the words: Or special tax provisions applicable to Saint-Pierre-et-Miquelon ".
V.-In R. 812-13, the words: Or that The limit of 100 working days provided for in the fifth paragraph of the same article shall be exceeded, " Are deleted.
VI. -The provisions of this Article shall apply to Saint-Pierre-et-Miquelon
Section R. 831-1 of the Labour Code is modified as follows:
I.-To 3 °:
a) The words: " The allocation of " Are replaced by the word: " Of " ;
b) After the word: " Concubin ", are inserted the words: " Or the person to whom they are bound by a civil pact of solidarity
. -At 4 °, after the words: " By Article L. 323-1 " Are added the words: " And mentioned at 2 °, 3 ° and 4 ° of Article L. 323-3 ".
III. -The 6 ° is replaced by the following:
" 6 ° The beneficiaries of the conventions provided for in Article L. 322-4-18 arriving at the end of their contract before 1 January 2008; "
IV. -The 7 ° is replaced by the following:
" 7 ° Persons who have been or have been the subject of a custodial sentence with special difficulties of access to employment; "
V.-It is added an 8 ° thus written:
" 8 ° Persons over fifty years of age and under sixty-five years of age who either have been registered as unemployed for at least 12 months in the last 18 months, or are the beneficiaries of the obligation Of the employment mentioned in the 1 °, 2 °, 3 ° and 4 ° of Article L. 323-3, or collect the minimum income for insertion and have been unemployed for more than a year. "
VI. -After 8 °, a paragraph is added as follows:
" The duration of registration as an applicant for employment, required for access to the contract for access to employment, is extended from periods of training courses and periods during They have benefited from a contract of employment pursuant to Articles L. 322-4-7, L. 322-4-8-1, L. 322-4-15 and L. 322-4-16 of the Labour Code or L. 522-8 of the Code of Social Action and of Families, or Periods of Outage Due to sickness, maternity or accident at work. "
In the second paragraph of Article R. 831-2 of the Labour Code, the words:" L. 212-4-3 " Are replaced by the word: " ".
It is created, at the beginning of Article R. 831-3 of the Labour Code, a first paragraph as follows:
" The employer must, in advance of an application for a contract for a contract of access to employment, file with the local services of the National Employment Agency the corresponding offer of employment. "
Article R. 831-4 of the Labour Code is thus modified:
I.-In b, the words:" Unemployment and " Are replaced With the words: " Or ".
II. -It is added after the i one j and a k so written:
" (j) Supporting documents for the benefit of State aid under the conditions of payment provided for in Article R. 831-5;
" (k) The list of supporting documents to be Produce in the event of an anticipated breach of the contract of employment. "
III. The second subparagraph is thus completed: ' It is concluded for the duration of the fixed-term contract. If the contract is for an indefinite period, it is concluded for twenty-four months, or thirty months for the beneficiaries of the minimum income for insertion, according to the date of employment. No agreement can be reached for a hire with another employment assistance. "
IV. -The penultimate subparagraph is supplemented by the following words: Employer ".
Article R. 831-5 of the Labour Code is thus Changed:
I.-In the first paragraph, it is added after the word: " State ", the word:" Paid " And, after the word: " Employer ", the word:" And ".
II. -In the second paragraph, the words: Of the contract if it is for a fixed term and for a period of not more than two years if the contract is for an indefinite period of time " Are replaced by the words: " Of the Convention, and at the latest, up to its due date ".
III. -The third, fourth and fifth paragraphs read as follows:
" It shall be paid, upon presentation by the employer of proof of the employment of the beneficiary of the contract in the establishment, at the end of the third month of contract, to The end of the twelfth month and at the end of the contract if the contract is for a specified period of more than twelve months, or at the end of the twenty-fourth month of the contract if it is of indefinite duration.
" For the sole beneficiaries of the minimum income for insertion, The aid shall be paid at the end of the third month, at the end of the twelfth month, at the end of the twenty-fourth month and at the end of the thirtieth month of the contract if the contract is of indefinite duration. If the contract is for a specified period of more than twelve months and less than 24 months, the aid shall be paid at the end of the third month, at the end of the twelfth month and at the end of the contract. If the contract is for a term of more than 24 months and less than 30 months, the aid shall be paid at the end of the third month, at the end of the twelfth month, at the end of the twenty-fourth month and at the end of the contract.
" The amount of each Payment is based on the length of the contract after deduction of the payments already made. "
Article R. 831-7 of the Labour Code is thus amended:
I.-In the first paragraph of the I, after the words:" End of Twenty-fourth month ", the words are added:" Or the thirtieth month for beneficiaries of the minimum inclusion income ", and, after the words:" ",", it is added the words: " The agreement is terminated in full and ".
II. -In the second paragraph of the I, after the words: Force majeure, ", it is added the words: Dismissal for medically unfitness and subject to the application of the provisions of the first subparagraph of Article L. 122-24-4,
In the Labour Code, an article R. 831-8 reads as follows:
" Art. R. 831-8. -In the event of a change in the legal position of the employer within the meaning of Article L. 122-12 and where an employee is employed under contract of access to employment in the undertaking, the new employer may apply to the National Agency for Employment Continuation of the agreement relating to this contract. The National Employment Agency may accept that this new employer, if it fulfils the conditions laid down by the III of Article L. 832-2, is substituted in the right of the employer who is a signatory to the Convention. "
Article R. 831-9 of the Labour Code reads as follows:
" Art. R. 831-9. -The portion of the exempt remuneration shall be determined for each payment of remuneration taking into account the number of hours of paid work during the period of paid
. For employees whose remuneration cannot be Be determined in the month on the basis of a number of hours of paid work, the number of hours of work taken into account shall be deemed to be equal to the collective duration of the work applicable in the establishment or the part of the establishment where the Employee calculated over the month. When their period of paid employment covers part of the calendar month, the number of hours to be taken into account shall be equal to the product of the number of calendar days included in the period by a thirtieth of the number of hours corresponding to that duration Collective.
" The exemption shall apply to remuneration paid from the date of effect of the contract of access to employment up to the expiration of 24 months, or thirty months for the beneficiaries of the Minimum income for insertion, account not taken of periods of suspension of the non-paid employment contract by the employer. "
I. -The provisions of sections 4 to 11 of this Order are applicable to Saint-Pierre-et-Miquelon
-The provisions of Articles 4 to 11 of this Decree shall enter into force on the first day of the month following the publication of this Decree
It is created in Title II of the book Ier of the Labour Code applicable to Mayotte (part two: Conseil d' Etat) un Chapter VIII thus worded:
"Chapter VIII
" Simplified working title
" Art. R. 128-1. -The simplified working title referred to in Article L. 128-1 shall consist, on the one hand, of a check drawn on one of the establishments, bodies or services referred to in the eighth paragraph of Article L. 128-1 and subject to the rules laid down in Chapter I Title III of the Book I of the Monetary and Financial Code and, on the other hand, of a social dimension. In addition, where the employer is not an individual, the simplified working title shall include a component to support the declaration referred to in the fifth paragraph of Article L. 128-1
The simplified working title is issued, without Damage to the application of the provisions relating to the issue of checks, to natural or legal persons who declare on the honour to employ one or more employees under the conditions laid down in the second and third paragraphs of Article L. 128-1 and who agree to pay contributions and social security contributions on their behalf.
" Art. R. 128-2. -The employer, other than an individual, who wishes to use the simplified working title addresses an application to join one of the institutions, organizations or services mentioned in the eighth paragraph of Article L. 128-1. This request includes the following statements:
" -identification of employer or company;
" -the retirement organization it reports to;
" -the occupational medicine service to which it adheres;
" -a statement on The honour certifying that the undertaking fulfils the condition of strength laid down in the second subparagraph of Article L. 128-1;
" -the automatic debit authorization on a bank or postal account number.
" For individual employers, The request contains the following statements:
" -the name, first name and address of the individual;
" -a statement on the honour certifying that he is an employer as an individual.
" Art. R. 128-3. -The social part of the simplified working title has the following entries:
" 1 ° Employer-related menus:
" -name, first name (or name) and address;
" -registration number of the company if it is not a Particular;
" -bank or postal account number.
" 2 ° Employee Mentions:
" -name, marital and first name;
" -register number for natural persons or date and place of birth;
" - Address.
" 3 ° Employment and contribution notices and contributions:
" -occupied job;
" -number of hours worked;
" -period of employment with the number of calendar days of work;
" - Net hourly and total wages paid;
" -applicable collective agreement where applicable;
" -option chosen for the calculation of social contributions: flat-rate or real basis, where the employee's activity has not exceeded 100 % Days, consecutive or not, in the business during the calendar year.
" 4 ° Employer's salary payment date and signature.
" The social component shall be sent by the employer to the social insurance fund at the latest in the fifteen Days after payment of compensation.
" Art. R. 128-4. -The component for making the nominative declaration prior to employment shall contain the particulars provided for in Article R. 128-14, and shall be sent to the social security fund by mail or fax, within the time limit laid down in the same Item.
" Art. R. 128-5. -The count of the company's staff is carried out in accordance with the conditions laid down for the determination of the threshold making the institution of the staff delegates obligatory in accordance with the procedure laid down in Article 164 of Act No. 52-1322 of 15 December 1952. The number of employees taken into account is that of all establishments in Mayotte and employed during the previous calendar year.
" For the determination of the limit of one hundred days per year in the same undertaking as set out in the fourth Article L. 128-1, shall be taken into account for each calendar day worked in any of the establishments of the enterprise or organization located in Mayotte.
" Art. R. 128-6. -In case of disagreement of the employee for the use of the simplified working title, he shall notify the Social Welfare
. Art. R. 128-7. -The social security fund ensures the calculation and cashing of contributions and social contributions of legal or conventional origin. The social components received up to the fifteenth day of the calendar month give rise to the automatic collection of contributions and social contributions on the last day of the month. The credit union shall send the employer a statement of these amounts within one month after receipt of the social component.
" Within the same period, it shall issue to the employee an attestation of employment bearing the particulars set out in Article R. 128-3 and intended To justify his entitlement to social security benefits, to the benefits provided for in Chapter VII of Title II of Book III, and, where appropriate, to supplementary retirement
. It also provides employers with a Annual certificate allowing them to justify the right to tax reduction under Article 199 sexdecies of the general tax code of Mayotte
Art. R. 128-8. -The bases for calculating contributions and social contributions of legal or conventional origin shall be laid down by order of the Ministers responsible for social security and overseas
For individual employers, these lump sum Are set to less than the guaranteed minimum interprofessional minimum wage.
" Art. R. 128-9. -Subject to the provisions of Article R. 128-13 below, the use of the simplified working title shall be applied to all the authorities or bodies concerned for the recovery of social security contributions Sitting on the remuneration paid to employed and similar employees, insurance scheme insurance against the risk of deprivation of employment and Article 87 of the general tax code of Mayotte
Art. R. 128-10. -The social security fund shall communicate the information it collects to the authorities or bodies concerned in accordance with their respective powers and reverse the contributions and contributions owed to them.
" The terms of Such communication and repayment shall be fixed by past agreements between the social security fund and the administrations or bodies concerned.
" These conventions also set the time limit for the retention of information Collected and social components received and the arrangements for expenditure incurred by the social security fund for the implementation of the provisions of this Chapter, taking into account the volume of information transmitted as well as the Amount of contributions and contributions paid.
" Art. R. 128-11. -Contributions and contributions due in application of the simplified working title shall be recovered and controlled by the social security fund under the guarantees and penalties applicable to the recovery of contributions from the general scheme of Social security based on wages.
" In the event of non-regularisation of payments, the director of the credit union may notify the employer of a prohibition on the use of the simplified working
. Art. R. 128-12. -Where the social dimension is not addressed within the time limit laid down in Article R. 128-3, the provisions of Article 22 of Ordinance No 96-1122 of 20 December 1996 on the improvement of public health shall be applied to Mayotte.
" Art. R. 128-13. -Where the social security fund finds that the condition of establishment laid down in the second subparagraph of Article L. 128-1 is not fulfilled or an employee has failed to agree to the use of the simplified working title, it shall The employer is unable to use the title for the employee or employees concerned as long as the condition is not met.
" Art. R. 128-14. -The nominative declaration prior to the hiring referred to in Article L. 128-1 shall contain the following particulars:
" (a) Name and surname of the employer, the registration number of the undertaking or the number under which the Social security contributions are paid;
" (b) Name, surname, nationality, date and place of birth of the employee and his or her identification number if he is already registered for social security;
" (c) Date and time Hiring;
" (d) Nature and duration of contract.
" The nominative pre-employment declaration shall be sent as soon as possible within eight days before the expected date of hiring by one of the following means:
" 1 ° Telecommunication, Telematics or electronic data exchange: the receiving organization shall immediately communicate to the employer a file number.
" 2 ° Fax: the notice of receipt issued by the device shall be retained with the document transmitted by the The employer until receipt, within five working days after receipt of the declaration, of a document acknowledging receipt of the declaration and mentioning the recorded
. 3 ° Letter dated and signed from The employer, and mailed with an acknowledgement of receipt, not later than the last working day before the date of employment, the postmark: the employer shall keep a duplicate of the letter and the receipt of the post until receipt of the Acknowledging document at 2 ° above.
" The unavailability of one of these means does not relieve the employer of its obligation to declare by one of the other two means.
" An order of the Minister responsible for labour shall determine the Template of the forms on which the return can be made.
It is created in Section 2 " Premium The creation of employment for young people " Chapter V of Title II of Book III of the Regulatory part of the Labour Code applicable to Mayotte (part two: Orders in Council of State) Article R. 325-2 thus drafted:
Art. R. 325-2. -I.-The application for the benefit of the employment creation grant in favour of young persons provided for in Article L. 325-2 shall be filed by the undertaking with the Directorate of Labour, Employment and Vocational Training of Mayotte
She Includes:
" (a) The identity and quality of the employer;
" (b) The characteristics of the proposed employment;
(c) The reference strength of the enterprise;
(d) The employer's commitment to respect the general conditions Allocating help;
" (e) The number of additional employees for which the company intends to benefit from the premium;
" (f) Identity, age of the employee (s).
" The list of other documents to accompany this application, In particular those subject to transmission pursuant to the second paragraph of II of this Article and the evidence of presence provided for in the fourth paragraph of this Article, shall be fixed by order of the representative of the State in Mayotte
The The director of labour, employment and vocational training of Mayotte, instructs the file and may request additional information necessary to verify that the undertaking fulfils the conditions laid down in Article L. 325-2.
" The decision to grant the bonus shall be taken by the representative of the State in Mayotte within a maximum period of four weeks after receipt by the administration of the complete
. This decision specifies the number of Company reference, name and number of additional employees for which the company can benefit from the premium.
" The representative of the State shall withdraw the profit from the bonus to the undertaking which no longer fulfils the conditions The fourth paragraph of Article L. 325-2.
" II. -The Director of Labour, Employment and Vocational Training shall be informed within 15 days of any event resulting in the termination, suspension or modification of the contract of
. To collect the premium, The company must transmit information on its workforce and provide proof of its current tax and social obligations every year to the Directorate of Labour, Employment and Vocational
. III. -The reference strength for the grant of the premium shall be the average number of employees in the calendar year preceding that in which the premium is granted, calculated under the conditions laid down for the determination of the threshold making the institution compulsory. Staff delegates as provided for in Article 164 of Law No. 52-1322 of 15 December 1952.
" The bonus is paid for each additional employment created by the company in Mayotte in full-time equivalent, beyond the Reference.
" Job fractions are not taken into account.
" IV. -The amount of the guaranteed minimum hourly wage taken into account for the calculation of the premium provided for in Article L. 325-2 shall be that in force on 1 January of the current calendar year. It is equal to:
" (a) 20 % for the first year;
" (b) 20 % for the second year;
" (c) 10 % for the third year.
" The premium is payable for a period of three consecutive years from the date of hiring. The amount is paid to the employer semi-annually, in arrears, on proof of presence.
" The payment shall be interrupted for any suspension of the contract of employment of at least 15 days, as well as for any change Job contract.
" In the event of termination of the employment contract at the initiative of the employer before the end of the qualifying period for the benefit of the premium, the amount of the premium paid must be paid in full by the employer to The state.
" However, this payment shall not be due in the event of a breach arising during the period of trial or dismissal for serious or heavy fault of the employee, for force majeure, for professional or medically proven incapacity, or Resignation of the employee. In the cases provided for in this subparagraph, the calculation of the amount of the annual payment of the premium shall be prorated to the duration of the contract.
" In the case of a reduction in the number of employees calculated for the grant of the bonus, the payment of premiums Corresponding to the latest job creation is suspended due to this decrease in staff.
" Amounts unduly collected shall be subject to payment to the State in the event of the false declaration or production of falsified documents or Fraudulent manoevres.
Title II of Book III of the Applicable to Mayotte (part two: Orders in Council of State) a Chapter VI so worded:
"Chapter VI
" Placement
"Section 1
" National Employment Agency
" Art. R. 326-1. -I.-The delegation of the National Agency for Employment of Mayotte is headed by a delegate appointed by the Director General of the National Agency for Employment and placed under his authority. The delegate shall be assisted in the exercise of his tasks by the Committee of the National Agency for the Employment of Mayotte
II. -The operation of the services of the National Agency for the Employment of Mayotte is governed by the provisions of Articles R. 311-4-5, R. 311-4-14, R. 311-4-15, R. 311-4-16 and R. 311-4-18 of the Labour Code applicable in the metropolitan departments and Overseas. For the purposes of Article R. 311-4-15, the budget envelope allocated to the delegation of Mayotte shall be set in the same way as that allocated to each regional delegation of the National Employment
. III. -The Director-General of the National Employment Agency:
1 ° Report to the Ministers responsible for employment and overseas of the activities of the public service of the placement which it provides to Mayotte with the assistance of the bodies referred to in the Articles L. 326-1 and L. 326-3;
" 2 ° Communique each month to ministers responsible for employment and overseas the elements enabling the establishment of labour market statistics in Mayotte
Art. R. 326-2. -The committee of the National Employment Agency of Mayotte includes:
" 1 ° A president;
" 2 ° Five members representing employers and five members representing employees designated by employers'and employees' organisations Representative within the meaning of Article L. 412-3;
" 3 ° Five members representing the administrations concerned, including the Director of Labour, Employment and Vocational Training, appointed by the representative of the State in Mayotte
The President shall be appointed by order of the State representative in Mayotte among the persons of Mayotte with a competence in the field of employment
Members representing employers, employees and their alternates shall be appointed by order From the state representative to Mayotte.
" The delegate and the secondary accounting officer participate in the sessions with an advisory
. The members of the Committee shall be appointed for three years. Their mandate is renewable.
" Members who have died or who have resigned must be replaced within three months. In this case, the term of office of the new members shall expire on the date on which the term of their predecessor would normally be
. The Committee shall elect a Vice-Chairperson for one year, alternately among the representatives of the employers and the representatives of the Employees.
" Art. R. 326-3. -The committee of the National Agency for Employment of Mayotte shall be convened at least four times a year upon convocation by its President
The agenda of each meeting shall be drawn up by the President, on the proposal of the delegate of the National Agency for Employment of Mayotte.
" The President is required to convene the Committee if the representative of the State in Mayotte, the delegate or the majority of the members requests it on a specified
. At his request, the State representative in Mayotte is Heard by the committee.
" The Committee may not validly deliberate unless the number of members present is at least half the number of members in exercise. If this number is not reached, the committee shall be reconvened within 15 days and may validly pronounce no matter the number of members present.
" The committee shall act by a majority of the votes of the members present
The Secretariat of the Committee shall be assured of the diligence of the
. The proceedings, signed by the President and the Vice-Chairman, shall be transmitted within 15 days to the Director General of the National Employment
. The Minutes shall be forwarded to the members of the Committee, the Chairman of the Board of Directors and the Director General of the National Employment
. Art. R. 326-4. -The committee shall assist the delegate of the National Employment Agency of Mayotte
I.-It makes proposals on:
" 1 ° The specific guidelines of the National Employment Agency and the development plans for its activities;
" 2 ° The programme for the establishment of units of the National Employment Agency;
" 3 ° Relations between the Agency and its users.
" II. -It elabor:
" 1 ° The proposed allocation of expenditure by the delegation of the National Employment Agency to Mayotte, within the limits of the budget of the National Agency for Employment allocated to it;
2 ° Annual Report Activity.
" III. -The Committee also gives its opinion on the requests for agreements from the bodies referred to in Article L. 326-1 and on the draft agreements with the municipalities referred to in Article L. 326-3.
" The proposed allocation of expenditure Referred to in 1 ° above shall be forwarded to the Administrative Board of the National Employment
. Art. R. 326-5. -The representative of the State in Mayotte, assisted by the Director of Labour, Employment and Vocational Training, coordinates the work of the National Agency for Employment with that of other departments and agencies responsible for the implementation of The employment policy defined in Mayotte by the authorities.
" Art. R. 326-6. -The delegate of the National Agency for Employment of Mayotte:
" 1 ° Is secondary authorising officer;
" Informe de l' Etat à Mayotte et le directeur du travail, de l' emploi et de la formation professionnelle de Mayotte des activités The public service of placement provided by the Agency with the assistance of the bodies referred to in Articles L. 326-1 and L. 326-3;
" 3 ° Provides, on his request, to the Director of Labour, Employment and Vocational Training of Mayotte, Statistics and information relating to the labour market in its possession and, in particular, information relating to jobseekers who receive replacement income under the conditions laid down in Chapter VII of Title II of the book III of this code.
" Art. R. 326-7. -The National Agency for Employment of Mayotte provides assistance in the orientation and placement of disabled workers.
"Section 2
" Organizations that Contributes to public placement service
" Art. R. 326-8. -Public establishments, bodies managed as a matter of priority by the trade unions of employers and employees and the associations referred to in Article L. 326-1 acquire the quality of correspondent of the National Agency for Employment As soon as they have passed the convention provided for in that article.
" Where the application for a convention has been refused by the Agency, the institutions, bodies and associations mentioned above shall become correspondents after having Approved for this purpose by the State. A convention is then placed with the National Employment Agency on the conditions laid down by the approval.
" Approval is given and agreements are concluded for a specified period of time.
" Art. R. 326-9. -The Convention provided for in Article L. 326-1 shall be concluded by the delegate of the National Agency for the employment of Mayotte where the activity of the institution, body or association does not exceed the limits of the departmental community and By the Director General of the National Employment Agency in other cases.
" Art. R. 326-10. -The establishment, body or association seeking the benefit of an agreement provided for in Article L. 326-1 shall attach to its application for a convention and, where appropriate, a copy of the decisions of the deliberative body which have decided or Approved the request that it become the agency's correspondent.
" In support of their request, the associations must also provide two copies of their statutes and indicate the names, names and homes of the persons who, In any capacity, are responsible for their administration or direction. The same obligation applies to local delegates and persons who perform the management functions of the association when they are distinct from those previously listed. The National Employment Agency may also ask the associations to provide their balance sheet or financial account.
" Art. R. 326-11. -The agreement shall be concluded and, where appropriate, the approval granted, taking into account:
" 1 ° Guarantees offered by the applicant for free, morality and permanence;
" 2 ° Human, technical and financial resources committed to Implement;
" 3 ° Matching already existing in the same geographical and professional field.
" Art. R. 326-12. -Approval granted and withdrawn by:
" 1 ° The representative of the State where the activity of the establishment, body or association does not exceed the limits of Mayotte;
" 2 ° The Minister responsible for employment in other
. The withdrawal of authorisation may be pronounced either in the event of failure to comply with the obligations arising from the laws or regulations in force or the provisions of the Convention, or for the poor functioning of the institution, the body Or the placement association, either when they cease to be useful to the public placement service.
" The withdrawal of authorisation may not be pronounced without the correspondent having been notified in advance of the reasons for the measure envisaged and Able to make its observations known.
" Withdrawal of approval shall terminate the agreement and terminate the investment activity on the date fixed by the order in which it is determined.
" Section 3
"Employer notification of vacant places
" Art. R. 326-13. -The obligation to notify the vacant places provided for in Article L. 326-2 concerns those which the company wishes to provide through external bodies or means of information.
" Section 4
"Enrolling and deleting job seekers list
" Art. R. 326-14. -I.-The list of jobseekers is maintained by the National Employment
. II. -To apply for registration on the list of jobseekers, workers seeking employment must present themselves to the services of the National Employment
. They must justify their identity And indicate the location of their residence with the services mentioned above. Foreign workers must also justify the regularity of their situation with regard to the provisions regulating the exercise of professional activities by
. When registering, job-seekers are Informed of their rights and obligations.
" III. -Workers seeking employment are registered in a special register maintained by the National Employment Agency, which lists their names, first names, age and address
The Agency directs them to the competent bodies when they are Likely to benefit from measures relating to vocational training or geographical and occupational mobility in the light of the following criteria: professional experience and projects, age and skills, local market situation Employment or specific sectors or professions.
" Art. R. 326-15. -Changes in the situation which jobseekers are required to bring to the knowledge of the National Employment Agency and which, affecting their situation, are likely to have an impact on their registration in the register provided for in the III of R. 326-14 are as follows:
" 1 ° The exercise of any professional activity, even occasional or reduced, and whatever its duration;
" 2 ° Any period of unavailability due to sickness, maternity, accident Job or incarceration;
" 3 ° Participation in training, whether gainful or not, including in the context of the relevant military service;
" 4 ° For foreign workers, the due date of their job title.
" Changes in situation must be made known to the National Employment Agency within 72 hours.
" Applicants for employment on the list are also required to inform the National Agency for The employment of any absence from their usual residence of more than seven days.
" They are also required to report, within the same time frame, any change in home.
" Art. R. 326-16. -Are considered immediately available for the employment of persons who do not engage in any professional activity, who do not take any vocational training and whose personal situation allows them to occupy Delay a job.
" In addition, persons who, at the time of registration with the National Employment Agency or the renewal of their application for employment
immediately available, shall be deemed to be available: 1 ° Exercise or have exercised during the month Previous occasional or reduced activity not exceeding seventy-eight hours per month;
" 2. There shall be a training action not exceeding a total of forty hours or of which the organisational arrangements, in particular in the form of courses of the Night or by mail, allow them to hold a job simultaneously;
" 3 ° Absent from their usual home, after notifying the National Employment Agency, within the limit of thirty-five days in the year;
4 ° Are in Sick leave or temporary incapacity for work, for a period not exceeding fifteen days;
" 5 ° Are incarcerated for a duration not exceeding 15 days.
" Art. R. 326-17. -The immediately available job seekers are required to carry out on a permanent basis, both on the proposal of the National Agency for Employment and on their own initiative, all the steps in their power for their reclassification or Of their professional insertion.
" Art. R. 326-18. -The delegate of the National Agency for Employment of Mayotte radiates from the list of jobseekers the persons who:
" 1 ° Denied, without legitimate reason:
" A) A job that is compatible with their previous specialty or training; and Remunerated at a wage rate normally practised in the profession in Mayotte;
" (b) To follow a training action provided for in Book VII or an insertion action provided for in Book III of this Code;
" (c) Contract proposal Learning;
" (d) To respond to any convocation by the National Employment Agency;
" (e) To undergo a medical examination with the medical services of the work to verify their suitability for work or certain types of work Jobs;
" 2 ° Do not justify the carrying out of job search acts. The real and serious nature of these acts is appreciated in view of the situation of the jobseeker and the local employment situation;
" 3 ° False statements to be or remain on the list of applicants Jobs.
" Deregistration decisions shall be transmitted without delay to the Director of Labour, Employment and Vocational Training of Mayotte
Art. R. 326-19. -The delegate of the National Agency for Employment of Mayotte may, for the exercise of the powers laid down in Article R. 326-18, delegate his signature to the agents placed under his authority
Art. R. 326-20. -The cancellation of the list of jobseekers results in the impossibility of obtaining a new registration for a period between two months and six consecutive
. However, in the case of a false declaration, the duration of the cancellation will be Between six months and one year.
" Art. R. 326-21. -The cancellation decision shall take place after the person concerned has been placed to submit his observations in
. Deregistration decisions on the list of jobseekers shall be reasoned and notified to the parties concerned. They indicate the duration of the radiation.
" Those who intend to challenge them must make a prior appeal to the delegate of the National Agency for Employment of Mayotte. This appeal, which is not suspensive, shall be submitted for an opinion to a committee composed of the Director of Labour, Employment and Vocational Training, of the delegate of the National Agency for the employment of Mayotte and of employers and employees in number Shall be appointed by the representative of the State on the proposal of the representative trade unions and trade unions within the meaning of Article L. 412-3
The opinion of the committee is binding on the delegate of the National Agency for the employment of Mayotte
The silence held for more than four months on an ex gratia remedy is a rejection decision.
" Art. R. 326-22. -Job-seekers who do not meet the requirement for periodic renewal of their application for employment or for which the employer or an agency providing them with compensation, social advantage or training is to the knowledge Of the National Agency for Employment a resumption of employment or activity, an entry into training or any other change affecting their situation with regard to the conditions of entry in the register provided for in Article III of Article R. 326-14 shall cease to be Entered on the jobseekers list.
" The reasoned decision by which the National Employment Agency notices the cessation of registration on the list of jobseekers shall be notified to the person concerned. Persons who intend to challenge it must make prior recourse under the conditions set out in section R. 326-21.
"Section 5
" Communities Territorial
" Art. R. 326-23. -Where they intend to benefit from the provisions of Article L. 326-3, the communes shall send their request for a convention to the representative of the State in Mayotte and to the delegate of the National Agency for the employment of Mayotte
On this request is Attached copy of the municipal council's deliberation authorizing the mayor to convention with the agency.
" Art. R. 326-24. -The draft convention is submitted by the delegate or, failing that, by the representative of the State in Mayotte in the opinion of the committee of the National Agency for the Employment of Mayotte
Art. R. 326-25. -The Convention provided for in Article L. 326-3, by which a municipality becomes a correspondent of the National Employment Agency, shall be concluded taking into account the means which the municipality is prepared to implement for the benefit of public service users of the Placement.
" The Convention is signed by the representative of the State in Mayotte and by the delegate.
" Art. R. 326-26. -Where information is communicated to the Mayor under Article L. 326-5, they shall include the names, names and addresses of the job-seekers and, where appropriate, the indication that a replacement income referred to in Chapter VII of the Title Book III is paid.
" Art. R. 326-27. -The information received by the Mayor pursuant to Article L. 326-5 may be shared by him only with his or her deputies who have received delegation in respect of either placement or benefits as well as with the services Competent municipal in one of these domains.
" Art. R. 326-28. -The expenditure occasioned by the communication to the mayor of the list of jobseekers shall be divided between the National Employment Agency and the municipality under the conditions laid down by order of the Ministers responsible for overseas employment, the budget and the The job.
"Section 6
" Miscellaneous
" Art. R. 326-29. -The conventions concluded under Article L. 326-1 between the National Employment Agency and its correspondents shall include, on the one hand, general clauses conforming to a standard specifications and, on the other hand, specific
. " I.-The standard terms of reference, approved by the Minister responsible for employment, shall determine in particular:
" 1 ° Obligations related to the participation in the public service of the placement, relating in particular to the protection of users' rights;
" 2 ° The terms and time limits for the transmission to the National Agency for the use of the offers collected by the correspondents;
" 3 ° The reasons and conditions for termination of the conventions;
" 4 ° Advertising of conventions.
" II. -Specific conventions clauses determine:
" 1 ° The territorial and professional field of intervention of the correspondent;
" 2 ° The services it provides;
" 3 ° The means by which the correspondent implements and the competition Which the National Employment Agency may bring;
" 4 ° Examination arrangements with the National Agency for the employment of the correspondent.
" Art. R. 326-30. -Without prejudice to agreements which may be concluded for purposes other than placement, agreements concluded between the National Employment Agency and its correspondents may not grant the grant of the State or the National Agency for Employment.
" The correspondents of the National Employment Agency shall not receive from their users, on the occasion of an investment transaction, any amount, even as a reimbursement of expenses.
" Art. R. 326-31. -Investment operations may be carried out by the correspondents of the National Employment Agency only for the benefit of the users who enter their geographical scope and, where appropriate, professional
Art. R. 326-32. -The provisions of sections 1 and 2 of this Chapter shall apply to requests for renewal of the conventions
Art. R. 326-33. -Officials of the National Employment Agency in Mayotte may have access to enterprises, public authorities and public services, after authorisation by their
. They are required not to reveal any individual situations or Operating procedures that they would be aware of when performing their duties.
" The agents of the services of the State, of the departmental community, of the municipalities or of their public establishments shall be obliged to lend their Assistance to those of the National Employment Agency and to provide them with any information necessary for the performance of their missions
Art. R. 326-34. -The conditions and regulations for reimbursement of expenses incurred by the civil personnel of the State on the occasion of their movements shall apply to the movements of staff of the staff of the Delegation of the National Agency for The employment of Mayotte subject to specific provisions concerning certain personnel and determined by joint order of the Ministers responsible for the overseas departments, employment, the budget and the public service. "
I. -The provisions of Articles R. 326-1 to R. 326-34 of the Labour Code applicable to Mayotte The amendments to this Order come into force on January 1, 2005.
II. -The first term of office of vice-chairman of the committee of the National Agency for the employment of Mayotte under Article R. 326-2 of the Labour Code applicable to Mayotte is exercised by a representative of employees.
The Minister of Social Affairs, Labour and Solidarity, the Minister of Economy, Finance and Industry, the Minister of Labour The Minister for Overseas Affairs and the Minister for the Budget and Budget Reform shall be responsible for the implementation of this Decree, which shall be published in the Official Journal of the French Republic
Done at Paris, March 19, 2004.
Jean-Pierre Raffarin
By the Prime Minister:
The Minister for Overseas,
Brigitte Girardin
Social Affairs Minister,
du travail et de la solidarité,
François Fillon
Minister of Economics,
Finance and Industry,
Francis Mer
Le Minister of the Public Service,
of
and Spatial Planning,
Jean-Paul Delevoye
Delegate Minister for Budget
and Budget Reform,
Alain Lambert
