Machine Translation of "Decree No. 2003-565 Of 27 June 2003 Amending Decree No. 2002-400 25 March 2002 Relating To The Employment Initiative Con..." (France)

Decree No. 2003-565 Of 27 June 2003 Amending Decree No. 2002-400 25 March 2002 Relating To The Employment Initiative Contract

Original Language Title: Décret n° 2003-565 du 27 juin 2003 modifiant le décret n° 2002-400 du 25 mars 2002 relatif au contrat initiative-emploi

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Abstract

Art Modification. 1, 4, 6 and 15 of the aforementioned decree. In the context of the deterioration of the labour market, the instruments of employment policy must be strongly mobilised. Preventing the spread of long-term unemployment is now a priority. This is why the Employment Initiative Agreement (CIE), which is the main employability measure applicable to the market sector, needs to be relaunched. Created in 1995, ICRA is a supported contract in the market sector aimed at promoting the sustainable professional integration of the long-term unemployed and the beneficiaries of social minimas. It is an incentive scheme, based essentially on the payment of a flat-rate premium based on the seriousness of the difficulties in accessing the beneficiaries' employment. This measure makes it possible to achieve good results in terms of direct and lasting integration into employment: 2/3 of the beneficiaries of CIE are still in employment 27 months after their exit from the measure. Thanks to an incentive scheme, ICRA is also able to encourage the hiring of jobseekers over the age of 50 with great difficulty in the labour market. In the context of an active policy of ages promoting employability and retention of experienced workers, ICRA is a particularly appropriate measure. However, this measure has been losing momentum since 2002, when a major reform of the system came into force: the number of entries fell by 40 % between 2001 and 2002. Similarly, after years of steady increase in the share of jobseekers over the age of 50 (up to almost 30 % of beneficiaries in 2001), the year 2002 was marked by a decline in this audience, which accounts for only a quarter of the entries. The low interest in this measure stems from its lack of attractiveness as a result of certain regulatory changes made in 2002: the annual frequency of payment of aid is dissuasive for small businesses, the main ones ICRA users. Similarly, the abolition of the exemption from social charges until the opening of the pension rights for beneficiaries over the age of 50 has considerably weakened the attractiveness of the measure for this audience. Accordingly, the purpose of this Decree is to introduce measures in the current regulatory scheme to restore the attractiveness-the reduction of the condition of registration to 24 months to 18 months for access to the CIE), - one Access to ICRA for over 50 years beneficiaries of the RMI), - a quarterly payment of the aid), - the extension of the aid over three additional years for the more than 50 years in great difficulty). This Order amends the aforementioned Order in Council 2002-400: - The provisions of s. 1 change the length of unemployment necessary to benefit from one cm at the aid level of EUR 330. This duration is currently 24 months in the last 36 months. It is reduced by 6 months in a logic of prevention of occupational exclusion. Any jobseeker registered with the ANPE for 18 months during the last 36 months can therefore benefit from an CIE at the monthly premium rate of 330 euros. -The provisions of Art. 2 add a category of public eligible for the highest aid (EUR 500). Persons over 50 years of age who are beneficiaries of the RMI must be able to access the highest level of bonus without any additional conditions, in line with the government's policy of activating the RMI and the reinforcement of the return measures. Employment of older employees. Currently, a third criterion is required for a 12-month period without employment. Article 2, by making persons over 50 years old to the RMI eligible for the bonus of EUR 500, thus restores equal access to other beneficiaries of social minimas (ASS). -The provisions of Art. 3 contains several amendments: - the quarterly payment of the bonus is introduced in lieu of the annual payment during the first 2 years of the employment contract; - for persons over 50 in great difficulty (disabled or long-term unemployed or beneficiaries of the RMI or the SSA), the premium of EUR 500 is now paid for three additional years. This is in place of the long-term care exemption system which existed until 2001 and which allowed for the long-term employment of older jobseekers. During this additional period, the rate of payment of the premium may be extended to six months, without prejudice either to the employer or to the employee who has been in the business for at least two years; - during periods of Suspension of the contract of employment, the employer pays virtually no expense or salary. It is therefore logical that the aid should not be paid during these suspensions. This rule had already been made by way of circular. The legal analysis shows that it has to be regulated by regulation. -The provisions of Art. 4 set up the scheme for repaying the aid during the additional three-year period: in the event of a breach of the contract of employment on the employer's own initiative (except for 5 exceptions relating to the grounds for failure) during the additional period 3 years provided for in s. 3, the amount of the remitting is limited to the amount of the aid received over a period of 24 months. This ceiling on the amount of the remitting is intended not to discourage the hiring of people who are in great difficulty for more than 50 years because of the prospect of eventually having to repay, in the event of economic difficulties, for example, an amount Prohibitive (almost EUR 30 000 for 5 years of aid) which would be liable to jeopardise the existence of the undertaking, of less than 10 employees in the majority of cases. -The provisions of Art. 5 provide for the entry into force of these measures for the employment-initiative contract agreements concluded as of 01-07-2003.

Keywords

SOCIAL AFFAIRS , CIE, JOBSEEKER, CHOMEUR, LONG-TERM CHORUS, BENEFICIARY , ELIGIBILITE, BENEFICE, ACCOMPANIMENT, ATTRIBUTION, CONVENTION, ANPE , EMPLOYER, LUMP-SUM ASSISTANCE, DURATION OF WORK, WEEKLY DURATION, OBLIGATION, PREALABLE DEPOT, APPLICATION FOR AGREEMENT, OFFER OF EMPLOYMENT, AMOUNT, BONUS, PREMIUM TO EMPLOYER , PAYMENT, ADDITIONAL ASSISTANCE, PARTICIPATION OF THE STATE, ASSISTANCE WITH TRAINING, TUTORING, CONTRACT OF EMPLOYMENT, RUPTURE, CONSULTATION FORUM

JORF No. 148 of June 28, 2003 page 10890
text #6

Decree n ° 2003-565 of 27 June 2003 amending Decree No. 2002-400 of 25 March 2002 on the contract Job-initiative

NOR: SOCF0310781D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/6/27/SOCF0310781D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2003/6/27/2003-565/jo/texte

Prime Minister,
On the Minister's Report Social Affairs, Work and Solidarity,
In view of the Labour Code, in particular Articles L. 322-4-2 to L. 322-4-5;
In view of Decree No. 2002-400 of 25 March 2002 on the employment initiative contract;
The Council of State (section Social) heard,
Clipping:

Item 1
At 1 ° of Article 1 and to the a of Article 4 of the Decree of 25 March 2002 referred to above, the words: 24 " Are replaced by the words: " 18 ".

Item 2 Learn more about this Article ...

The 2 ° of Article 4 of the decree of 25 March 2002 is thus completed: after the words: " Beneficiary of the specific solidarity allowance ' shall be inserted the words: ' , who is a beneficiary of the minimum insertion income ".

Article 3 Learn more about this Item ...

Section 6 of the Order is replaced by the following:
" Article 6. -Lump sum aid, payable under the fourth paragraph of Article L. 322-4-2 of the Labour Code, shall be paid to the employer on a quarterly basis for 24 consecutive months in the case of a contract of indefinite duration or until the end of the Fixed-term contract, on presentation by the employer of proof of the employment of the beneficiary in the
. Lump-sum assistance shall be paid for an additional thirty-six months when the person employed on an indeterminate contract is over fifty years of age and under sixty-five years of age and is registered as an applicant for employment For at least 12 months in the last eighteen months, either beneficiary of the obligation of employment provided for in Article L. 323-1, beneficiary of the specific solidarity allowance, or beneficiary of the minimum income for insertion. During this additional period, the aid shall be paid to the employer semi-annually in arrears, on presentation by the employer of proof of the employment of the beneficiary in the
. Where the contract of employment of the beneficiary of the employment initiative contract is suspended for a period of at least one month, the aid for that period shall not be paid. "

Item 4 Learn more about this Article ...

After the first subparagraph of Article 15 of the abovementioned Decree of 25 March 2002, a second subparagraph shall be inserted as
: In the event of a breach of the contract of employment attributable to the employer during the additional period provided for in the second subparagraph of Article 6 of this Decree, the amount of the remitting shall be equal to the amount of the sums collected during a period of 24 months for lump-sum assistance. "

Item 5 Learn more about this Article ...

The provisions of this Decree shall apply to the employment-initiative contract agreements concluded as of 1 July 2003.

Article 6 Learn more about this Article ...

The Minister of Social Affairs, Labour and Solidarity, the Minister of Economy, Finance and Industry, and the Minister for Budget and Budget Reform are: Entrusted, each as far as it is concerned, in the execution of this Decree, to be published in the Official Journal of the French Republic.

Done at Paris, on 27 June 2003.

Jean-Pierre Raffarin

By the Prime Minister:

Social Affairs Minister,

Job and Solidarity,

François Fillon

Minister of Economy,

Finance and Industry,

Francis Mer

Le

Budget and Budget Reform Minister

Alain Lambert

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