Key Benefits:
The National Assembly and the Senate adopted,
Given the decision of the Constitutional Council No. 2006-534 DC of 16 March 2006 ;
The President of the Republic enacts the following:
I. -The title of Chapter IIa of Title II of the book III of the Labour Code reads as follows: Return to Work Award ".
II. -In the same chapter, Article L. 322-12 is reinstated:
" Art. L. 322-12. -A return to employment premium shall be awarded to the beneficiaries of one of the allowances established by Articles L. 262-1 of the Code of Social Action and Families, L. 351-10 of this Code and L. 524-1 of the Code of Social Security when They start or resume a professional activity during the allocation period.
" For the beneficiaries of the allowance referred to in Article L. 351-10 of this Code, this premium shall be borne by the Fund Solidarity created by Act No. 82-939 of 4 November 1982 on the exceptional contribution of solidarity in favour of private employment workers. For other recipients, it is the responsibility of the state.
" The premium shall be paid by the body responsible for the payment of the allowance referred to in the first paragraph
The return to employment premium is non-transferable and elusive. Any undue payment of the premium shall be recovered by reimbursement in one or more instalments, after written information on the source of the error and expiry of the period of appeal. The disputes to which the award is given and the payment of the premium shall be governed by the administrative jurisdiction of common law. The claim may be reduced or remitted in the event of a precarious situation of the debtor, except in the case of deception or misrepresentation. The action of the beneficiary for the payment of the premium or the action brought by a paying agency in recovery of the premium unduly paid shall be prescribed in two years, except in the case of fraud or misrepresentation.
" The Agencies In charge of its payment, verify the declarations of the beneficiaries. For the exercise of their control, these bodies may request all necessary information, in particular to the public administrations, the social security bodies and the institutions of the unemployment insurance scheme which are Required to communicate to them. The information requested from the beneficiaries and above mentioned bodies must be limited to the data strictly necessary for the award of the premium.
" A decree of the Council of State determines the conditions of application of this Article, in particular the minimum working time and the number of consecutive months of activity to which the payment of the premium is subject, its amount and the length of the period after which the bonus may be paid again. This decree lays down the conditions under which the terms of payment of this premium will be organised at the end of the first month of activity for the holders of an indefinite contract or a fixed-term contract of more than six months. "
The return-to-employment bonus instituted by Decree No. 2005-1054 of 29 August 2005 creating an exceptional bonus of Return to employment in favour of certain social minimum beneficiaries is untransferable and elusive.
The beneficiary's action for the payment of the premium and the action brought by a paying agency in recovery of the premium unduly paid Prescribe by two years, except in cases of deception or misrepresentation.
The organizations responsible for the payment are responsible for verifying the returns of the recipients. For the exercise of their control, these bodies may request all necessary information, in particular to the public authorities, to the social security and unemployment compensation bodies, which are obliged to communicate them. The information requested from the beneficiaries and the above mentioned bodies must be limited to the data strictly necessary for the award of the premium.
I. -Article L. 351-20 of the Labour Code is supplemented by seven sub-paragraphs as
: The provisions of the first subparagraph shall apply in particular in the case of income derived from Seasonal jobs.
" The beneficiary of the specific solidarity allowance referred to in Article L. 351-10 which takes up a professional activity is entitled to a lump sum premium. This premium is paid monthly for a period of time defined by regulation, including the termination of entitlement to the allowance.
" The flat-rate premium shall be subject to the rules applicable to the solidarity allowance Specific relating to litigation, prescription, recovery of indus, insaisability and incessibility.
" The premium is charged to the Solidarity Fund established by Law No. 82-939 of 4 November 1982 on the contribution Exceptional solidarity in favour of employed workers.
" The premium shall be paid by the organisation responsible for the payment of the specific solidarity
. The premium is not due when the activity takes place within the framework of a Contract of the future or contract insert-minimum income of activity concluded pursuant to Articles L. 322-4-10 and L. 322-4-15
A decree of the Council of State determines the conditions for the award of the premium, in particular the duration Minimum work and the number of consecutive months of activity to which the payment is made, and the amount thereof. "
II. -The second paragraph of Article 1 of Act No. 82-939 of 4 November 1982 on the exceptional contribution of solidarity in favour of private employment workers is replaced by six sub-paragraphs as
: This institution has for Mission to gather funding resources:
" 1 ° Solidarity allowances provided for in Articles L. 351-10 and L. 351-10-1 of the Labour Code;
2 ° Aid provided for in Article 136 of the Financial Act for 1997 (No 96-1181 of the December 30, 1996);
" 3 ° The flat-rate allowance provided for in Article 3 of Order No. 2005-893 of 2 August 2005 on the employment contract "new hirings;
" 4. Aid mentioned in the first paragraph of Article L. II. 322-4-12 of the Labour Code for the contract of the future and in the third paragraph of I of Article L. 322-4-15 -6 of the same code for the insertion-minimum income contract as they relate to employers who have entered into a contract for the future or An insert-minimum business income contract with a person as a beneficiary of the specific solidarity allowance;
" 5 ° The return-to-employment bonus and the flat-rate premium established by Articles L. 322-12 and L. 351-20 of the same code. "
I. -The title of Section 2 of Chapter II of Title VI of Book II of the Code of Social Action and Families is Supplemented by the words: " And lump sum ".
II. -Article L. 262-11 of the Code is supplemented by seven sub-paragraphs as
: The provisions of the first subparagraph shall apply, in particular, to the case of income from seasonal
. Beneficiaries who start or resume a Or a paid training course are entitled to a lump sum bonus. This premium shall be paid monthly for a period of time defined by regulation, including whether the right to the minimum income for insertion has been
. The premium constitutes a statutory social assistance benefit for the The department that allocated the minimum insert revenue allocation.
" The premium is not due when:
" -the activity takes place in the context of a contract of the future or a contract insert-minimum income of activity concluded in application Articles L. 322-4-10 and L. 322-4-15 of the Labour Code, respectively;
" -the beneficiary receives the premium provided for in Article L. 524-5 of the Social Security Code or Article L. 351-20 of the Labour
. An Order in Council Council of State shall determine the conditions for the award of the premium, in particular the minimum working time and the number of consecutive months of work to which the payment is made, and its amount which takes into account the composition of the Home. "
III. -In the second paragraph of Article L. 262-10 of the Code, after the words: "Shall be inserted in the words:" As well as the premium established by Article L. 322-12 of the Labour Code and the flat-rate premiums established respectively Articles L. 262-11 of this Code, L. 524-5 of the Social Security Code and L. 351-20 of the Labour Code, ".
IV. -Article L. 262-30 of the same code is thus amended:
1 ° In the first subparagraph, after the words: The allocation service "shall be inserted as follows:" And the flat-rate premium introduced by Article L. 262-11 " ;
2 ° In the second Paragraph after the words: " The allocation service "shall be inserted the words:" And the lump sum premium " ;
3 ° In the third paragraph, the word " Its " Is replaced by the words: " The lump sum premium and their " ;
4 ° The fourth paragraph is deleted.
V.-In the first paragraph of Article L. 262-32 of the same Code, the words: Of the payment made pursuant to Articles L. 262-19, L. 262-21 and L. 262-23 " Are replaced by the words: " Taken in Application of Articles L. 262-19, L. 262-21 and L. 262-23, and the flat-rate premium established by Article L. 262-11 ".
VI. -Article L. 262-39 of the same code is thus amended:
1 ° In the first subparagraph, after the words: Relating to the minimum income allowance " shall be inserted as follows: And the flat-rate premium introduced by Article L. 262-11 " ;
2 ° In The fourth paragraph, after the words: The minimum insertion income allowance "shall be inserted the words:" Or lump sum premium ".
VII. -In Article L. 262-40 of the Code, after the words: Of the allowance "shall be inserted the words:" Or the flat-rate premium established by Article L. 262-11 ".
VIII. -The first paragraph of Article L. 262-41 of the Code reads as follows: '
' Any undue payment of allowances or the flat-rate premium established by Article L. 262-11 shall be recovered by deduction from the amount of the allowances or Payment of the debt in accordance with prescribed terms and conditions. "
IX. -Article L. 262-44 of the same code is thus amended:
1 ° The first paragraph reads as follows:
" The allowance and the flat-rate premium introduced by Article L. 262-11 are non-transferable and exempt. " ;
2 ° The second subparagraph is supplemented by the following words: " And the lump sum premium " ;
3 ° In the third paragraph, the words: " Is served " Are replaced by the words: " And the all-inclusive premium is served " ;
4 ° In the fourth Paragraph, the words " In the name of an organisation approved for that purpose, for which it is responsible for the payment " Are replaced by the words: " And the flat-rate premium on behalf of a recognised organisation for that purpose, to be paid by the body to be paid back ' ;
5 ° The fifth paragraph shall be supplemented by the following words: And the lump sum premium ".
X. -Chapter II of Title II of Book V of the Code is thus amended:
1 ° In the last paragraph of Article L. 522-1, after the words: Minimum insertion income ", are inserted the words:" And the flat-rate premium introduced by Article L. 262-11 " ;
2 ° In the first paragraph of Article L. 522-14, after the words: " Shall be paid to the beneficiaries of the minimum income for insertion ' shall be inserted the words: ' Or The flat-rate premium established by Article L. 262-11 ", and the same paragraph shall be supplemented by the following words: Or such lump sum premium " ;
3 ° In the third paragraph (1 °) of Article L. 522-17, after the words: The arrangements for fixing The allowance "shall be inserted the words:" And the flat-rate premium introduced by Article L. 262-11 ".
I. -After Article L. 524-4 of the Social Security Code is inserted in Article L. 524-5 as follows: '
' Art. L. 524-5. -I.-Remuneration derived from professional activities or training courses which commenced during the period of payment of the allowance may, in accordance with prescribed procedures, be excluded, in whole or in part, from the Amount of resources used to calculate allocation.
" The provisions of the first subparagraph shall apply, in particular, to the case of income from seasonal
. The remuneration of the incumbents of contracts for the future and Contracts insert-minimum income of activity, as referred to in Articles L. 322-4-10 and L. 322-4-15 of the Labour Code, shall be taken into account in the resources for a lump sum equal to the minimum income guaranteed to a person Isolated pursuant to Article L. 262-2 of the Code of Social Action and
. II. -The tenant who starts or resumes a professional activity or a traineeship of paid training is entitled to a lump sum bonus. This premium is paid monthly for a period of time defined by regulation, including the termination of the right to an isolated parent's allowance.
" The premium is not due when:
" -the activity takes place within the framework Contract of the future or contract insert-minimum income of activity concluded pursuant to Articles L. 322-4-10 and L. 322-4-15 of the Labour Code;
" -the beneficiary receives the premium provided for in Article L. 351-20 of the same Code.
" A decree of the Council of State determines the conditions for the award of the premium, in particular the minimum working time and the number of consecutive months of activity to which the payment is made, as well as its amount. "
II. -Article L. 511-1 of the same Code is supplemented by the following words: And the flat-rate premium introduced by Article L. 524-5 ".
III. -Article L. 524-1 of the same code is thus amended:
1 ° The third paragraph is deleted;
2 ° The last paragraph is supplemented by the words: And the flat-rate premium introduced by Article L. 524-5 ".
IV. -In the first paragraph of Article L. 551-1 of the Code, after the words: The amount of family benefits' shall be inserted: ' , with the exception of the flat-rate premium referred to in Article L. 511-1, Article L. 511-1, ".
V. Article L. 552-1 of the same code is supplemented by a paragraph worded as follows:
" The provisions of this Article shall not apply to the flat-rate premium referred to in Article L. 511-1. "
VI. -Article L. 552-6 of the Code is supplemented by a paragraph worded as follows: '
' The provisions of this Article shall not apply to the flat-rate premium referred to in Article L. 511-1. "
VII. -The beginning of Article L. 755-18 of the same Code reads as follows: The allowance provided for in Article L. 524-1 and the flat-rate premium referred to in Article L. 524-5 shall be allocated to ... (the rest without change). "
I. -After the 9 ° ter of Article 81 of the General Tax Code, it shall be inserted a 9 ° c and a 9 ° d thus Written:
" 9c. The flat-rate premiums laid down respectively by Articles L. 262-11 of the Code of Social Action and Families, L. 524-5 of the Social Security Code and L. 351-20 of the Labour Code;
' 9 ° quinquies The Return to employment established by Article L. 322-12 of the Labour Code; ".
II. -In the 3 ° of III of Article L. 136-2 of the Social Security Code, after the reference: 9 ° bis, ' shall be inserted the references: ' 9 ° c, 9 ° quinquies, ".
Section L. 832-9 of the Labour Code is thus modified:
1 ° In the first paragraph, after the words: " Or an isolated parent allocation ", insert the words:" And the Beneficiaries of the flat-rate premiums referred to in Articles L. 351-20 of this Code, L. 262-11 of the Code of Social Action and Families and L. 524-5 of the Social Security Code " ;
2 ° In 1 °, the word: " Paid " Is replaced by the word : " Due " ;
3 ° 2 ° is modified as follows:
a) The words: " In metropolis " Are deleted;
b) Added the words: " In the overseas departments and the social welfare fund in Saint-Pierre-et-Miquelon " ;
4 ° In 3 °, After the words: " Is not cumulative ", are inserted the words:" With the flat-rate premiums established by Articles L. 351-20 of this Code, L. 262-11 of the Code of Social Action and Families and L. 524-5 of the Social Security Code or ' ;
5 ° 4 ° is supplemented by the words: " And to the benefit of the flat-rate premiums established by Articles L. 351-20 of this Code, L. 262-11 of the Code of Social Action and Families and L. 524-5 of the Code of Social Security ' ;
6 ° After 4 ° are inserted a 5 ° and a 6 ° thus written:
" 5. The applicant must have received one of the allowances mentioned in the first subparagraph for a period of at least three months in the six months preceding the date of the resumption of the Business activity;
" 6 ° The return allowance to the activity is paid to a single member of the household receiving the minimum income allowance. "
After Article L. 214-6 of the Code of Social Action and Families, a Article L. 214-7 is inserted. :
" Art. L. 214-7. -The draft establishment and the rules of procedure of the institutions and services for the reception of children under the age of six mentioned in the first two paragraphs of Article L. 2324-1 of the Public Health Code shall provide for the Which guarantee the reception of a specified number of non-educated children under six years of age in the care of the beneficiaries of the minimum income allowance for insertion, the allocation of an isolated parent, the allocation of Specific solidarity or flat-rate premiums laid down respectively by Articles L. 262-11 of this Code, L. 524-5 of the Social Security Code and L. 351-20 of the Labour Code living alone or with a person working or following Paid training and professional activity or paid training.
" They also provide for the conditions under which reception places can be mobilised in favour of non-educated children who are not in school The beneficiaries of the above-mentioned allowances on the list referred to in Article L. 311-5 of the Labour Code, to enable them to take the steps necessary for active job
. A decree Defines the procedures for the application of this Article.
Article L. 262-9-1 of the Social Action and Family Code is thus written:
" Art. L. 262-9-1. -For the opening of the right to an allowance, nationals of the Member States of the European Union and of the other States party to the Agreement on the European Economic Area must meet the conditions required for the benefit of a right of residence and Have resided in France during the three months preceding the application. However, this residence condition is not opposable:
" -to persons performing a professional activity declared in accordance with the legislation in force;
" -to persons who have carried out such activity in France and Temporary incapacity to work for medical reasons, either following vocational training within the meaning of Articles L. 900-2 and L. 900-3 of the Labour Code, or are included on the list referred to in Article L. 311-5 of the Code;
" -the ascendants, descendants and spouses of the persons mentioned in the two preceding paragraphs.
" An order in Council of State shall specify the conditions for the application of this Article. "
Article L. 262-12-1 of the Code of Social Action and Families is thus amended:
1 ° In the second subparagraph, The words: " It shall continue to collect the minimum income allowance for the insertion of the amount of the aid from the department paid to the employer until its review on the basis of the provisions of this section ' Are replaced by The words: " The allocation of minimum income for insertion shall be reinstated under conditions laid down by regulation ' ;
2 ° In the third paragraph, after the words: " Information relating to the contract insert-minimum income of activity " Inserted the words: " And the contract of the future ".
In the second paragraph of Article L. 262-35 of the Code of Action Social and Family, the word and the reference: And 342 " Are replaced by references: " , 342 and 371-2 ".
Article L. 262-43 of the Code of Social Action and Families reads as follows:
" Art. L. 262-43. -The provisions of Article L. 132-8 shall not apply to amounts paid in respect of the allowance and the flat-rate premium introduced by Article L. 262-11.
I. -Article L. 262-33 of the Code of Social Action And families are thus modified:
1 ° In the second paragraph, after the words: " For the allocation of the allowance and ' shall be inserted the words: ' The flat-rate premium introduced by Article L. 262-11 and ' ;
2 ° The fourth Paragraph shall be supplemented by the following words: Or a lump sum ".
II. -After Article L. 262-33 of the same Code, Article L. 262-33-1 reads as follows: '
' Art. L. 262-33-1. -Where it appears, in the course of a check carried out in the undertaking by one of the screening officers referred to in Article L. 325-1 of the Labour Code, that the employee has, intentionally, agreed to work without the formalities prescribed Articles L. 143-3 and L. 320 of the same Code have been completed by its employer or employers, this information shall be brought to the attention of the President of the General Council, in order to implement the provisions laid down in Articles L. 262-23, L. 262-27, L. 262-41, L. 262-46 and L. 262-47-1 of this code. "
III. -Article L. 262-34 of the same code is thus amended:
1 ° In the first subparagraph, after the words: Of the allowance "shall be inserted the words:" Or the flat-rate premium established by Article L. 262-11 " ;
2 ° In the second paragraph, after The words: " A minimum insertion income allowance "shall be inserted the words:" Or a lump sum ".
IV. -In the first paragraph of Article L. 262-48 of the Code, after the words: To the allowance of minimum income for insertion, ' shall be inserted: ' The flat-rate premium introduced by Article L. 262-11, '.
V.-In the first paragraph of Article L. 262-49 of the Code, after the words: Minimum insertion income and ", are inserted the words:" The flat-rate premium introduced by Article L. 262-11 and '.
The code for social action and families is thus modified:
1 ° Article L. 262-46 is thus restored:
" Art. L. 262-46. -Subject to the possible constitution of the offence defined and punishable under Articles 313-1 and 313-3 of the Criminal Code, the fact of fraudulently benefiting or attempting to fraudulently benefit from the minimum income allowance for insertion or Flat-rate premium introduced by Article L. 262-11 shall be punishable by a fine of EUR 4 000. In the event of a repeat offence, this amount is doubled. " ;
2 ° In Article L. 262-47, after the words: " Minimum insertion income allocation ", are inserted the words:" Or the flat-rate premium established by Article L. 262-11 " ;
3 ° After Article L. 262-47, a Article L. 262-47-1 thus written:
" Art. L. 262-47-1. -Without prejudice to actions in recovery of the unduly paid allowance and criminal proceedings, the inaccuracy or the incomplete character, when they are released, of declarations made for the benefit of the allowance or bonus Provision introduced by Article L. 262-11, and the absence of a declaration of a change in the situation justifying this benefit, having resulted in undue payments, may be punished by an administrative fine imposed by the President of the General Council, after consulting the local insertion committee referred to in Article L. 263-10, and whose amount may not exceed 3 000 EUR.
" The President of the General Council shall inform the person concerned of the facts before him And the proposed fine. It shall invite it to submit its written or oral observations, if necessary assisted by a person of its choice, within a time limit which may not be less than one month. The fine may be imposed at the end of that period and shall be notified to the person concerned. The decision is motivated.
" This decision is subject to appeal to the Administrative Court. The product of the fine is paid to the accounts of the department.
" No fine may be imposed on the facts dating back more than two years, or where the person concerned has already been definitively condemned by the Or has received a final decision of non-suit or acquittal stating that the reality of the offence is not established or that the offence is not attributable to it. If such a decision not to take place or to relax occurs subsequent to the imposition of an administrative fine by the President of the General Council, the review of that fine shall be of law. If, following the imposition of an administrative fine by the President of the General Council, a criminal fine is imposed on the same facts, the first shall be charged to the second. " ;
4 ° After the eighth paragraph (7 °) of Article L. 263-10, it is inserted an 8 ° so written:
" 8 ° To give an opinion on the administrative fines envisaged under Article L. 262-47-1. "
The Social Security Code is thus amended:
1 ° After Article L. 524-4, are inserted two articles L. 524-6 and L. 524-7 thus written:
" Art. L. 524-6. -Subject to the possible establishment of the offence defined and punished by Articles 313-1 and 313-3 of the Penal Code, the fact of fraudulently obtaining or attempting to benefit fraudulently from the allowance or lump sum instituted by Article L. 524-5 is punishable by a fine of EUR 4 000. In case of recidivism, this amount is doubled.
" Art. L. 524-7. -Without prejudice to actions in recovery of unduly paid allowances and criminal proceedings, inaccuracy or incomplete character, when released, of declarations made for the benefit of the allowance or bonus Article L. 524-5, as well as the absence of a declaration of a change in the situation justifying this benefit, having resulted in undue payments, may be penalised by a penalty imposed by the Director of the A body concerned, after the opinion of a committee composed and constituted on its board of directors. The amount of this penalty may not exceed 3 000 EUR.
" The director of the credit union shall first inform the person concerned of the alleged facts and of the penalty envisaged. It shall invite it to submit its written or oral observations, if necessary assisted by a person of its choice, within a time limit which may not be less than one month. The penalty may be imposed at the end of that period and shall be notified to the person concerned. The decision is reasoned and liable to be challenged before the administrative court. The penalty shall be recovered under the conditions laid down in Article L. 114-17
No penalty may be imposed because of facts dating back more than two years, or where the person concerned has already been definitively Or has benefited from a final decision of non-suit or acquittal stating that the reality of the offence is not established or that the offence is not attributable to it. If such a non-suit or acquittal decision occurs subsequent to the issuance of a penalty by the director of the credit union, the review of the penalty is a matter of law. If, following the imposition of a penalty by the director of the credit union, a fine is imposed on the same facts, the penalty shall be charged on that fine.
" The rules for the application of this Article shall be defined by decree in Council Of state. " ;
2 ° At the beginning of the first subparagraph of Article L. 114-17, are inserted the words: " Subject to the provisions of Articles L. 262-47-1 of the Code of Social Action and Families and L. 524-7 of this Code, ".
The job code is thus modified:
1 ° Article L. 365-1 reads as follows:
" Art. L. 365-1. -Subject to the possible establishment of the offence defined and sanctioned in Articles 313-1 and 313-3 of the Criminal Code, the fact of fraudulently benefiting from or attempting to fraudulently benefit from aid for workers deprived of employment As defined in Title V of this book, including the premium established by Article L. 351-20, the allowances referred to in Article L. 322-4 and the premium established by Article L. 322-12 shall be punishable by a fine of EUR 4 000. In the event of a repeat offence, this amount is doubled. " ;
2 ° After Article L. 365-2, an article L. 365-3 reads as follows:
" Art. L. 365-3. -Without prejudice to the recovery of unduly paid allowances and criminal proceedings, the inaccuracy or incompleteness of declarations made for the benefit of the allowances and premiums referred to in Article L. 365-1, as well as the absence of a declaration of a change in the situation justifying this benefit, having resulted in undue payments, may be penalised by a penalty imposed by the representative of the State after consultation of The committee referred to in the third paragraph of Article L. 351-18. That decision shall be reasoned and may be appealed to the Administrative
. The amount of the penalty may not exceed 3 000 EUR. It shall be recovered by the State as a foreign claim to tax and the estate, and then its proceeds shall be paid to the legal person or to the fund for which the undue payments have been made, as a result either to the bodies referred to in the first subparagraph of Article L. 351-21, or to the employers referred to in the seventh subparagraph of Article L. 351-12 which have not acceded to the scheme of Article L. 351-4, or to the Solidarity Fund established by Article 1 of Act No. 82-939 of 4 November 1982 relating to Exceptional contribution of solidarity in favour of workers deprived of employment, or in the
. No penalty may be imposed because of facts dating back more than two years, or where the person concerned has, for the same facts, Has already been definitively condemned by the criminal court or has benefited from a final decision of non-suit or acquittal stating that the reality of the offence is not established or that the offence is not attributable to it. If such a decision not to take place or to relax occurs subsequent to the imposition of a penalty by the representative of the State, the review of that penalty shall be law. If, following the imposition of a penalty by the State representative, a criminal fine is imposed on the same facts, the penalty shall be charged against that fine.
" The persons concerned shall be informed in advance of the facts And the penalty envisaged, so that they may submit their written or oral observations, if any, assisted by a person of their choice, within a time limit which cannot be less than one month. A decree of the Council of State shall determine the procedures for the application of this Article. "
Article 50 of Law No. 2003-1200 of 18 December 2003 on Decentralisation of Minimum Income Insert and create a minimum income of activity is thus changed:
1 ° In the eighth paragraph, the date: " October 1 " Is replaced by the date: " December 1 " ;
2 ° The ninth paragraph is thus amended:
a) The words: " And of Contract insert-minimum income of activity " Are replaced by the words: " , contracts insert-minimum operating income and future contracts " ;
b) Added the words: " As well as those concerning lump sum premiums Referred to in Article L. 262-11 of the Code of Social Action and Families " ;
3 ° In the tenth paragraph, the words: " Or minimum business income " Are replaced by the words: " , contract insert-minimum income of activity, contract Of the future or lump sum premiums referred to in Article L. 262-11 of the Code of Social Action and Families " ;
4 ° In the last paragraph, the words: " And minimum business income " Are replaced by the words: " And premiums Provisions referred to in Article L. 262-11 of the Code of Social Action and Families, the number of holders of the insertion-minimum income contract and the contract of the future
Persons who, on the date of entry into force of Articles L. 322-12 and L. 351-20 of the Labour Code, L. 262-11 of the Code Social action and families and L. 524-5 of the Social Security Code, in their drafting of this Law, collect both income from a professional activity or training courses and one of the allowances Laid down by Articles L. 351-10 of the Labour Code, L. 262-1 of the Code of Social Action and Families and L. 524-1 of the Social Security Code, and benefit from the provisions applicable before that date authorising a cumulation of income derived Of a professional activity or a training course with their allowance, shall continue to benefit from those same provisions for the duration and according to the conditions which they provide.
The Labour Code is thus amended:
1 ° The fourth paragraph of I of Article L. 322-4-7 is Supplemented by the words: " , or three months for persons who benefit from punishment " ;
2 ° The second sentence of the last paragraph of Article L. 322-4-11 is replaced by two sentences written:
" It can provide for a duration Minimum of three months for persons who benefit from punishment. The total duration of the agreement may not exceed thirty-six months given the renewals or renewals. "
The I of Article L. 322-4-12 of the Labour Code is thus amended:
1 ° The second sentence of the second subparagraph is Written:
" The total duration of the contract shall not exceed thirty-six months, taking into account the renewal or renewals. " ;
2 ° In the last paragraph, after the words: " Subject to contractual terms " shall be inserted as follows: ".
The second last paragraph of the I of Article L. 322-4-12 of the Labour Code is thus amended:
1 ° After the first sentence, the following sentence is inserted:
" It is between twenty-six hours When the hiring is carried out by an employer under contract under Article L. 322-4-16-8 or referred to in the first paragraph of Article L. 129-1. " ;
2 ° The second sentence is supplemented by the words: " Or the lesser of the duration of the contract if the employer is under contract under Article L. 322-4-16-8 or referred to in the first paragraph of Article L. 129-1.
The job code is modified as follows:
1 ° Article L. 322-4-15 -4 is modified as follows:
a) The first three Sentences of the first subparagraph are replaced by two sentences written:
" The contract insert-minimum income may take the form of a fixed-term contract concluded pursuant to Article L. 122-2 of a contract of employment Temporary contract with an employer referred to in Article L. 124-1 or an indefinite contract. It may be a part-time employment contract. " ;
(b) In the fifth paragraph, after the words: " Contract insert-minimum income of activity ", are inserted the words:" That is not concluded on an indeterminate basis " ;
(c) At the beginning of the last paragraph, the words " When it is not Not concluded on an indeterminate basis and " ;
2 ° The beginning of the first sentence of the third paragraph of I of Article L. 322-4-15 -6 reads as follows: During the term of the agreement referred to in Article L. 322-4-15 -1, the employer shall ... (the rest without change). " ;
3 ° In Article L. 322-4-9, the words: , as well as contracts established in Article L. 322-4-15, " Deleted;
4 ° Article L. 322-4-15 -1 is supplemented by a paragraph worded as follows:
" Throughout the term of the Convention, The beneficiaries of the contracts insert-minimum income of activity are not taken into account in the calculation of the staff complement of the undertakings for which they are responsible for the application to those undertakings of the legislative and regulatory provisions Which refer to a condition of a minimum number of employees, with the exception of those relating to the charging of the risk of accidents at work and occupational diseases. "
Article L. 322-4-15 -5 of the Labour Code is thus amended:
1 ° The beginning of the first subparagraph is thus drafted :
" By way of derogation from the provisions of the first subparagraph of Article L. 122-3-8 and the penultimate subparagraph of Article L. 124-5, the contract insert-minimum income of activity concluded for a fixed term or in the form of a contract Temporary job can be broken ... (the rest without change). " ;
2 ° At the beginning of the third paragraph, after the words: " In case of breach of contract "shall be inserted the words:" Fixed-term or temporary employment contract " ;
3 ° In the same paragraph, after the words: " When this contract is not Renewed "shall be inserted the words:" Or in case of breach of contract on an indeterminate basis ".
I. -The 1 ° of the article 18 of Order No. 2004-637 of 1 July 2004 on the simplification of the composition and functioning of the administrative committees and the reduction of their number is
. -The first sentence of the second subparagraph of Article L. 322-4-16 of the Labour Code is replaced by two sentences written as
: The State may, for this purpose, enter into agreements with employers whose activities are specifically for The object of integration by economic activity. In addition, for the purposes of applying the provisions laid down in Article L. 322-4-16-8, the State may enter into agreements with employers authorised to implement a workshop or construction site. "
III. -The first paragraph of Article L. 322-4-16-8 of the Code reads as follows: '
' The workshops and insertion sites are implemented by employers on a list established by decree and which have concluded with the State a convention referred to in L. 322-4-16. "
IV. -As a transitional measure, and up to the date of publication of the decree referred to in III, employers authorised to carry out a workshop or an insertion site shall be the private non-profit bodies whose purpose is to hire Persons mentioned in the I of Article L. 322-4-16 in order to facilitate their social and professional integration, by developing activities primarily of social utility, municipalities, public cooperation institutions Inter-communal, communal or inter-communal centres of social action, joint trade unions, departments, vocational and agricultural education establishments of the State and the National Forest Office.
The V of article L. 322-4-16 of the Labour Code is supplemented by the words: " And those realized under the Articles L. 322-4-10 and L. 322-4-15 ".
After the first sentence of the first paragraph of III of Article 80 of the Law No. 2005-32 of 18 January 2005 of programming for social cohesion, it is inserted a sentence so worded:
" This fund may also cover expenditure on the support of beneficiaries, linked to the implementation of projects Financed by the loans it guarantees. "
The job code is thus modified:
1 ° In the first paragraph of article L. 322-4-10, the words:" , from A period fixed by decree in the Council of State, " Deleted;
2 ° The last paragraph of Article L. 322-4-15 -3 is deleted.
Section L. 354-1 of the Labour Code is complemented by a written paragraph:
" Where, pursuant to the provisions of the first paragraph, financial assistance is granted to a person who has resumed professional activity During the period of payment of the insurance allowance provided for in Article L. 351-3, the aid thus paid may be charged in whole or in part with the rights to the allowance remaining on the day of the resumption of activity. "
The last paragraph of Article L. 262-41 of the Code of Social Action and Families reads as follows:
" The May be surrendered or reduced by the President of the General Council in the event of a precariousness of the debtor's situation, except in the case of deception or misrepresentation. "
In the first paragraph of Article L. 821-7-2 of the Social Security Code, after the words:" Of Article L. 322-4-15 -1 of the Code ", are inserted the words:" And where the contract is signed by the person concerned as the beneficiary of the allowance for adults with disabilities "
[Provisions declared unconstitutional by Constitutional Council Decision No. 2006-534 DC of 16 March 2006.]
I. -Under the conditions laid down in Article 38 of the Constitution, the Government shall be permitted to Order any measure aiming at:
1 ° Instituer, on an experimental basis for a period not exceeding two years, instead of the custom reclassification agreement provided for in Article L. 321-4-2 of the Labour Code, a contract for Vocational transition, the purpose of which is to follow up a vocational transition path which may include accompanying measures, periods of training and periods of work in undertakings or public bodies, Profit of persons whose dismissal is considered for economic reasons by undertakings not subject to the provisions of Article L. 321-4-3 of the Labour Code, established in certain employment pools;
2 ° Fixing the conditions in The employer is obliged to propose to the employee whose contract he is considering for dismissal the contract referred to in 1 ° and the consequences of the employee's acceptance of his employment contract;
3. Specific allocation and social rights relating to their situation, the conditions for the allocation of the period spent in a professional transition contract on the rights to the insurance allocation referred to in Article L. 351-3 of the Labour Code As well as, where appropriate, aid to promote return to employment;
4 ° Determine the conditions for financing the contracts referred to in 1 °, including, where appropriate, a specific contribution to the burden of the undertakings mentioned At 1 ° and by a contribution from the bodies referred to in the first paragraph of Article L. 351-21 of the Labour Code;
5 ° Evaluate the device provided for at 1 °, assuming its possible generalisation.
II. -The order must be made within two months of the publication of this Act. A bill of ratification shall be tabled before Parliament within twelve months of its publication.
This Law shall be enforced as the law of the State
Done at Paris, March 23, 2006.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
The Minister of Employment,
Social Cohesion and Housing,
Jean-Louis Borloo
Minister of Economy,
Finance and Industry,
Thierry Breton
The Minister of Health and Solidarity,
Xavier Bertrand
The minister delegated to the
budget and state reform,
spokesman for the Government,
Jean-François Copé
The minister delegated to Employment,
work and youth work placement,
Gérard Larcher
Associate Minister for Social Cohesion
and Parity,
Catherine Vautrin
The Minister Delegate for Security Social,
to seniors,
to people with disabilities
and family,
Philippe Bas
(1) Act No. 2006-339.
-Preparatory work:
National Assembly:
Bill 2668;
Report by Mr. Laurent Wauquiez, on behalf of the Committee on Cultural Affairs, No. 2684;
Discussion on 29 and 30 November 2005 and adoption, after emergency declaration, 6 December 2005.
Senate:
Draft law, adopted by the National Assembly, No. 118 (2005-2005);
Report by Mr Bernard Seillier, on behalf of the Committee on Social Affairs, No. 161 (2005-2006);
Discussion on 25 and 26 January 2006 And adopted on 26 January 2006.
Senate:
Report by Bernard Seillier, on behalf of the Joint Joint Committee, No. 196 (2005-2006);
Discussion and adoption on 9 February 2006.
National Assembly:
Bill, as amended by the Senate, No. 2834;
Report by Laurent Wauquiez, on behalf of the Joint Joint Committee, No. 2843;
Discussion and Adoption on 23 February 2006.
-Constitutional Council:
Decision No. 2006-534 DC of 16 March 2006 published in the Official Journal of the day.
