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Decree No. 2004-254 Of 19 March 2004 On The Implementation Of The Provisions Of Title I Of The Act, Program For The Overseas (No. 2003-660 July 21, 2003) Relating To Employment And Amending The Codes Of Social Security And Labour (Troi...

Original Language Title: Décret n° 2004-254 du 19 mars 2004 portant application des dispositions du titre Ier de la loi de programme pour l'outre-mer (n° 2003-660 du 21 juillet 2003) relatives à l'emploi et modifiant les codes de la sécurité sociale et du travail (troi...

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Summary

Amendment of the Social Security Code: repeal of Art. D. 752-5, modification of s. D. 752-6 resulting from Decree 2001-277 of 02-04-2001.Modification of the Labour Code: Creation in Title III of Book VIII of a chap. I (art. D. 831-1 to D. 831-4) and chap. III (D. 832-1). Repeal of Order-in-Council 95-341 of 29-03-1995.s. 5 of Decree 2001-500 of 11-06-2001.

Keywords

OUTSEA , SOCIAL SECURITY , CODE OF SOCIAL SECURITY , JOB CODE , EXEMPT , EMPLOYER CONTRIBUTION , SOCIAL CONTRIBUTION , ACCES EMPLOYMENT CONTRACT , SUPPORT FOR EMPLOYMENT , YOUNG DIPLOME , DOM , LUMP-SUM FINANCIAL ASSISTANCE , EMPLOYER , RECRUITING , SOLIDARITE CONGE , SUBSCRIPTION , WARRANTY , ENTERPRISE , COMPULSORY INSURANCE , PAYMENT , REE , CONTRIBUTION , JUDICIAL REDRESS , JUDICIAL LIQUIDATION , EXTENSION , SAINT-PIERRE-ET-MIQUELON


JORF No. 69 of 21 March 2004 Page 5518
Text No. 12



Decree n ° 2004-254 of 19 March 2004 implementing the provisions of Title I of the Overseas Programme Act (No 2003-660 of 21 July 2003) relating to employment and amending the codes of the Social security and work (part three: Decrees)

NOR: DOMB0400006D ELI: https://www.legifrance.gouv.fr/eli/decret/2004/3/19/DOMB0400006D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2004/3/19/2004-254/jo/texte


Prime Minister,
On the report of the Minister of Social Affairs, Labour and Solidarity and the Minister for Overseas,
Given the code Social security;
Given the Labour Code;
Due to Act No. 2000-1207 of 13 December 2000 for overseas orientation;
Given the Overseas Program Act (n ° 2003-660 dated 21 July 2003);
In view of Decree No. 2001-500 of 11 June 2001 application of Article 15 of Law No. 2000-1207 of 13 December 2000 on solidarity leave;
In view of the opinion of the Regional Council of Guadeloupe dated 2 December 2003;
In view of the reference to the Regional Council of Guiana As of November 5, 2003;
Seeing the referral to the Martinique Regional Council of November 5, 2003;
Given the opinion of the Regional Council of Réunion as of December 5, 2003;
Seeing the referral to the General Council of Guadeloupe on date 20 November 2003;
In view of the opinion of the General Council of Guiana of 27 November 2003;
In view of the opinion of the General Council of Martinique of 11 December 2003;
Seeing the referral to the General Council of the meeting on 10 November 2003 2003;
In view of the opinion of the General Council of Saint-Pierre-et-Miquelon dated 13 November 2003;
In view of the opinion of the board of directors of the Central Agency of Social Security Institutions as of 21 December 2003,
Décrète:

  • Chapter 1: Exemption for social security contributions Item 1


    Security code Modified:
    I. Section D. 752-5 is repealed.
    II. -In Article D. 752-6, the words: For the application of Article L. 752-3-1 " Are replaced by the words: " For the purposes of applying 1 ° du I of article L. 752-3-1 ".

  • Chapter 2: Employment contract Article 2


    It is created in Title III of Book VIII of the Labour Code (Part III: Orders), a chapter written as follows:


    "Chapter I



    " Terms and Conditions for Employment Contracts


    " Art. D. 831-1. -Where the duration of employment provided for in the employment contract is at least equal to the collective working time applicable in the undertaking, the amount of the monthly flat-rate aid provided for in Article R. 831-5 shall be fixed
    follows: 1 ° It is equal to EUR 152 if the person hired has been registered as an applicant for employment for at least 24 months during the last thirty-six months;
    " 2 ° It is increased to EUR 305 if the person belongs to one of the categories concerned Below:
    " (a) Persons registered as jobseekers for more than three years;
    " (b) Persons in the categories referred to in 2 °, 3 °, 4 °, 5 °, 6 °, 7 ° and 8 ° of article R. 831-1.
    " Art. D. 831-2. Article D. 831-1 shall be reduced by the application of a coefficient equal to the ratio between the working hours of the contract of employment, where the duration of the work provided for in the contract of employment is less than the collective working time applicable in the undertaking. Duration of work under this contract and the collective working time applicable to the enterprise.
    " Art. D. 831-3. -The hourly amount of the flat-rate aid provided for in Article R. 831-6 shall be fixed at 7.62 EUR.
    ' Art. D. 831-4. -Employer contributions to social insurance, family allowances and work-related accidents paid by the State shall be paid directly to the Central Agency of Social Security Bodies for the overseas departments or to the Welfare fund for Saint-Pierre-et-Miquelon. Employer contributions to the system of seamen managed by the State Establishment of Naval Invalids taken by the State shall be paid directly to that establishment. "

    Article 3


    Decree No. 95-341 of 29 March 1995 on the amount of flat-rate aid provided for in Articles R. 831-5 and R. 831-6 of the Labour Code is repealed

  • Chapter 3: Employment Assistance for Young Graduates Article 4


    It is Created in Title III of Book VIII of the Labour Code (Part III: Orders), a Chapter II thus worded as follows:


    "Chapter II



    " Support for youth employment in Enterprise


    " Art. D. 832-1. -The provisions of Articles D. 322-8 to D. 322-10-4 shall apply to the beneficiaries defined by Article L. 832-7-1 subject to the following amendments: to Articles D. 322-10-1 and D. 322-10-2, the words: " departmental director of labour, Employment and vocational training shall be replaced by the words' the Director of Labour, Employment and Vocational Training for the Overseas Departments or the Head of the Labour, Employment and Training Service For Saint-Pierre-et-Miquelon.

  • Chapter 4: Solidarity Leave Article 5


    The following subparagraph is added to Article 5 of the Decree of 11 June 2001 above:
    " This period may be extended to at most five years as soon as the undertaking has satisfied the insurance subscription provided for in Article 15-VIII (b) of the aforementioned Law of 13 December 2000. "

    Article 6


    The provisions of sections 1 to 5 of this Order apply to Saint-Pierre-et-Miquelon.

    Article 7


    The Minister of Social Affairs, Labour and Solidarity, the Minister of Economy, Finance and Industry, the The Minister for Overseas Affairs and the Minister responsible for the budget and budgetary reform shall each have responsibility 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 Delegate to

Budget and Budget Reform,

Alain Lambert


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