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Act No. 2005-841 Of 26 July 2005 On The Development Of The Personal Services And On Various Measures Promoting Social Cohesion

Original Language Title: LOI n° 2005-841 du 26 juillet 2005 relative au développement des services à la personne et portant diverses mesures en faveur de la cohésion sociale

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  • Order No. 2005-1281 of October 14, 2005 To the National Agency for Human Services
  • Decree No. 2005-1360 of 3 November 2005 on the employment-universal service cheque
  • Decree No. 2005-1384 of 7 November 2005 Relating to the approval of associations and business services to the person and Amending the Labour Code (Part Two: Orders in Council of State)
  • Order No. 2005-1401 of 14 November 2005 on the conditions of application of article L. 129-13 of the Labour Code
  • Order of 26 December 2005 fixing the list of private or public legal persons provided for in Article 17 Act No. 2004-1 of 2 January 2004 on the reception and protection of children
  • Decree No. 2005-1698 of 29 December 2005 fixing the list of activities referred to in article L. 129-1 of the Labour Code
  • Decree No. 2005-1745 of 30 December 2005, Application of Articles 199 ter F, 220 H, 223 O and 244 quater G of the general tax code relating to the reporting obligations and the method of determining and charging the tax credit in favour of undertakings employing apprentices And amending Schedule III to this code
  • Decree 2006-25 of 9 January 2006 applying the III bis of Article L. 241-10 of the Code of Social Security and of the Article L. 741-27 Rural Code
  • Decree No. 2006-42 of 13 January 2006 concerning the night work of young workers and apprentices under the age of eighteen and amending the Labour Code (Part Two: Orders in Council of State)
  • Decree n ° 2006-342 of 22 March 2006 on various provisions in favour of social cohesion and amending the labour codes (second part: Orders in the Council of State), social action and families (regulatory part) and social security (Part II: Orders in Council of State)
  • Decree No. 2006-1021 of 11 August 2006 on the inspection of apprenticeship in the youth and sports sector and amending the Labour Code (Part Two: Orders in Council of State)
  • Decree No. 2006-1637 of 19 December 2006 concerning service providers and distributors of devices, including devices Medical, intended to promote the return to home and the autonomy of persons who are ill or disabled or disabled
  • Decree No. 2006-1652 of 21 December 2006 amending the code of construction and housing and relating to the basic prices of Requisitioned housing rents
  • Decree No. 2007-92 of 24 January 2007 approving the social specifications referred to in the g of article L. 313-1 of the code of The Construction and housing
  • Decree No. 2007-762 of 10 May 2007 approving the amendments to the statutes of the Union d' économie sociale du logement
  • Summary

    Job code: - Creation: of Chapter IX of Title II of Book I Services to the Person " Clauses L. 129-1 to L. 129-17. - Amendment: articles L. 212-4-3, L. 212-4-4, L. 212-4-6, L. 812-1, L. 322-4-11, L. 322-4-12, L. 322-4-10, L. 322-4-15, L. 322-4-15 -5, L. 322-4-16, L. 322-4-16-8, L. 322-4-15 -4, L. 124-4-4, L. 124-7, L. 322-4-15 -4, L. 143-10, L. 143-11-1, L. 143-11-7, L. 321-4-2, L. 321-4-3, L. 352-3, L. 213-7, L. 119-1, L. 119-1-1, L. 119-1-2, L. 118-2-2, L. 118-2-3, L. 118-2 Consumer Code: - Amendment: articles L. 121-20, L. 121-26.Code de la Social security: - Creation: After Article L. 821-7-1, of Article L. 821-7-2. - Amendment: Articles L. 133-7, L. 241-10.Rural code: - Amendment: of Article L. 741-27.Code of Social Action and Families: - Amendment: Articles L. 232-7, L. 232-15.Code General of taxes: - Amendment: Articles 81, 158, 199 sexdecies, 244 quater F, 279, 200 octies, 244 quater G, 226 bis, 150 U, 210 E. Public Health Code: - Amendment: of Article L. 5232-3.General Code of Territorial Communities: - Change: L. 2123-18-4, L. 3123-19-1, L. 4135-19-1.Craft Code: - Repeal: of Section 49.Code of Construction and Housing: - Amendment: of Article L. 632-1.Monetary and Financial Code: - Amendment: Article L. 112-3.Amendment of Act No. 2004-1 of 2 January 2004 on the reception and protection of children: - Amendment of Article 17.Amendment of Law No 93-1313 of 20 December 1993 five-year work, to Employment and vocational training: - Repeal of Article 5.Amendment of Law 89-462 of 6 July 1989 to improve rental reports and amending Act No. 86-1290 of 23 December 1986: - Amendment of Article 17.Title I: Development of services to the person Title II: Social cohesion Title III: Transitional provisions The provisions of Chapter IX of Title II of Book I of the Labour Code, in their drafting prior to the publication of this Law, remain applicable to cheques-service and employment-service-to-entry In force of the regulations laid down in Articles L. 129-5 to L. 129-12 of the same Code, and not later than 1 January 2007.The provisions of the first five paragraphs of Article L. 133-7 of the Social Security Code, in their Pursuant to this Act, apply to contributions and contributions From 1 January 2006.The exemption scheme provided for in III bis of Article L. 241-10 of the Code of Social Security, as drawn up by this Law, shall apply as from 1 January 2006.The tax credit provided for in f Article 244 quater F of the General Tax Code, as drawn up in this Law, applies to expenditure incurred as from 1 January 2006.The provisions of Article L. 232-15 of the Code of Social Action and Families, in The wording derived from this Law shall apply to persons benefiting from Personalized self-government allowance for the first time effective January 1, 2006. Those who are entitled to such an allowance at that time may, at any time, at their request, amend the terms of payment of the allowance for home support services. Agreements referred to in the fifth paragraph of I of Article L. 321-4-2 of the Labour Code entered into as of 1 April 2005.The provisions of Article 244 quater G of the General Tax Code, in their drafting of this Law, of Article 244 quater G Apply to fiscal years beginning on or after January 1, 2005.

    Keywords

    SOCIAL COHESION, LABOUR CODE, CONSUMER CODE, CSS, RURAL CODE, CASF, CGI, PUBLIC HEALTH CODE, CGCT, CRAFT CODE, CCH, MONETARY AND FINANCIAL CODE, DEVELOPMENT, SERVICES TO THE PERSON, CHILD CARE, ASSISTANCE, PERSON AGEE, PERSON WITH DISABILITIES, ASSISTANCE IN THE HOME, ASSISTANCE WITH MOBILITE, ASSOCIATION, BUSINESS, PROFESSIONAL ACTIVITY, EMPLOYMENT, EMPLOYMENT , EMPLOYEE, EMPLOYMENT-UNIVERSAL SERVICE, FINANCIAL ASSISTANCE, NATIONAL SERVICE AGENCY A LA PERSONNE, EPA , BILL

    Legislative Records

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    JORF n ° 173 of 27 July 2005 page 12152
    Text No. 1



    ACT No. 2005-841 of July 26, 2005, on the development of services to the Person and carrying out various measures in favour of social cohesion (1)

    NOR: SOCX0500099L ELI: https://www.legifrance.gouv.fr/eli/loi/2005/7/26/SOCX0500099L/jo/texte
    Alias: https://www.legifrance.gouv.fr/eli/loi/2005/7/26/2005-841/jo/texte


    The National Assembly and the Senate have adopted,
    The President of the Republic enacts the following law:

    • TITLE I: DEVELOPMENT OF SERVICES TO THE PERSON Article 1


      Chapter IX of Title II of the Book I of the Labour Code reads as follows:


      "Chapter IX



      " Human Services


      " Art. L. 129-1. -Associations and enterprises whose activities focus on child care or assistance to the elderly, persons with disabilities or other persons who require personal assistance in their home or mobility aid In the proximity environment promoting their home maintenance and the communal and inter-communal centres of social action for their child care activities of less than three years at home must be approved by the State.
      " These associations and undertakings and authorised associations or undertakings which devote their activities to services to persons in their homes relating to household or family tasks benefit from the provisions of Articles L. 129-3 and L. 129-4.
      " The authorisation provided for in the first two paragraphs shall be issued in the light of quality of service criteria and provided that the association or undertaking is devoted exclusively to the activities referred to in this Article. However, intermediary associations and, where their activities also include home support for the elderly or disabled, public institutions providing accommodation for the elderly may be approved.
      " Art. L. 129-2. -The associations and undertakings referred to in Article L. 129-1 may operate according to the following terms:
      " 1 ° Placement of workers with physical employers as well as, on behalf of employers, the completion of administrative formalities and social and tax declarations related to the employment of such workers;
      " 2 ° Hiring workers to make them available to natural persons for consideration;
      " 3 ° Provision of services to natural persons.
      " In the case of 1 °, associations and businesses may ask employers for a representative contribution from their management costs. In the case provided for in 2 °, the activity of the associations shall be deemed to be non-profit under Articles L. 125-1 and L. 125-3.
      " Art. L. 129-3. -The supply of the services referred to in Article L. 129-1, rendered to natural persons by an association or undertaking approved by the State, shall be entitled, in addition to the benefit of the reduced rate of tax on the value added provided for in Article 279 The general tax code, to the reduction of tax under Article 199 sexdecies of the same code.
      " Art. L. 129-4. -The remuneration of employees who, employed by associations or undertakings authorised under Article L. 129-1, shall ensure an activity referred to in that Article shall be exempt from employers' social security contributions in the Conditions laid down in Article L. 241-10 of the Social Security
      . Art. L. 129-5. -The universal service cheque is a cheque governed by the provisions of Chapter I of Title III of Book I of the Monetary and Financial Code or a special payment title allowing an individual to:
      " 1 ° Pay and declare employees in jobs falling within the scope of the services referred to in Article L. 129-1 of this Code or of maternity assistants approved pursuant to Article L. 421-1 of the Code of Social Action And families;
      " 2. Either pay all or part of the amount of the services provided by the recognised organisations pursuant to Article L. 129-1 of this Code, or the bodies or persons mentioned in the first two paragraphs of Article L. 2324-1 The Code of Public Health or Article L. 227-6 of the Code of Social Action and
      . Another means of payment may be used in lieu of the cheque or special payment title, within the limits of the cash payment prohibitions laid down in Articles L. 112-6 to L. 112-8 of the Monetary and Financial
      . Compulsory or optional social benefits having the character of provision in kind intended to cover all or part of the cost of the services mentioned in the 1 or 2 ° can be paid in the form of the universal service employment cheque. A decree shall specify, as necessary, the procedures for the application of this paragraph
      Art. L. 129-6. -In the case provided for in Article L. 129-5, the universal service cheque may be used only with the consent of the employee, after informing the employee of the operation of this device
      It shall include a declaration for the payment of contributions and social contributions of legal or conventional origin addressed to a recovery body of the general social security system designated by order of the Minister responsible for Social security. Where the employer benefits from the allowance provided for in Article L. 531-5 of the Social Security Code, and by way of derogation from the provisions of this paragraph, employment shall be declared in accordance with the procedure laid down in Article L. 531-8 of the same Code.
      " The declaration provided for in the second subparagraph may be made by electronic means under the conditions laid down in Article L. 133-5 of the same code
      Upon receipt of the declaration, the collection body shall provide the employee with a certificate of employment replacing the payment of the pay bulletin referred to in Article L. 143-3 of this
      . For jobs whose working hours do not exceed eight hours per week or not more than four consecutive weeks in the year, the employer and the employee who use the universal service cheque are deemed to meet the obligations Either by Articles L. 122-3-1 and L. 212-4-3 of this Code or by Articles L. 741-2 and L. 741-9 of the Rural Code.
      " For jobs exceeding those defined above, a contract of employment shall be established in writing.
      " The pay on the universal service cheque includes a paid leave allowance equal to one-tenth of the remuneration. For the assessment of the conditions for entitlement to social benefits, the actual employment time indicated on the declaration shall be increased by proportion.
      " The universal service cheque may not be used for direct remuneration or the payment of benefits paid by employees who devote all or part of their working time to an activity contributing to the exercise of the profession Their employer or the purchaser of the benefits, and on behalf of the employer.
      " Art. L. 129-7. -The universal service cheque, when it has the nature of a cheque within the meaning of Chapter I of Title III of Book I of the Monetary and Financial Code, is issued only by credit institutions or by authorised institutions or services By Article L. 518-1 of the Code to carry out bank operations, which have entered into an agreement with the State.
      " The universal service cheque, when it has the nature of a special payment title, shall be issued by specialised bodies and establishments, or by the establishments referred to in the first subparagraph, which have been authorised under conditions By decree and which shall reimburse them to the natural or legal persons referred to in Article L. 129-5 of this
      . Any issuer of employment cheque-universal service having the nature of a special payment title, which is not subject to the provisions of Articles L. 312-4 to L. 312-18 of the monetary and financial code, must be open a bank or postal account on Which shall be paid, up to their repayment, the funds collected in exchange for the assignment of that title, excluding any other funds.
      " Art. L. 129-8. -The universal service cheque, when it has the nature of a special payment title, may be prefinanced in whole or in part by a natural or legal person for the benefit of its employees, agents, beneficiaries, retired, administered, members Or adherents. In this case, the payment title shall include in its issue a face value which may not exceed an amount determined by joint order of the Ministers responsible for labour, social security and the economy. The natural or legal person who prefinancing these cheques may choose to reserve their use for certain categories of services within the activities referred to in Article L. 129-5.
      " The special payment title is nominative. It refers to the name of the beneficiary. A decree may provide, on the one hand, the cases in which it is stipulated payable to a person named, in particular when it is prefinanced by a public person or a private person entrusted with a public service mission and, on the other, the Where, due to reasons of urgency, the universal service employment cheque is not nominal until it is awarded to the beneficiary.
      " The characteristics of the universal service cheque, as a special payment title and the declaration of social security contributions, shall be determined by joint order of the Ministers responsible for labour, social security and Economy.

      " Art. L. 129-9. -Legal persons under public law may acquire pre-financed universal employment cheques at a price equal to their increased liberating value, if any, of a
      . Art. L. 129-10. -The universal service cheque is cashable at the institutions, institutions and services referred to in the first subparagraph of Article L. 129-7 which have entered into an agreement with the State concerning the universal service cheque, or Reimbursable with the authorized institutions and institutions referred to in the second paragraph of the same Article
      Art. L. 129-11. -Information relating to persons mentioned in 1 ° of Article L. 129-5 paid by pre-financed universal service cheques under the conditions laid down in Article L. 129-8 shall be communicated to the body or institution Responsible for their refund solely for the purpose of controlling the proper use of these securities.
      " Such communications shall take place in a manner which guarantees the confidentiality of the data. The data subjects are informed of the existence of this control device.
      " Art. L. 129-12. -The body responsible for receiving and processing the declaration referred to in Article L. 129-6 for the payment of contributions and social contributions shall be entitled to continue the recovery by litigation of the sums remaining due, for the purposes of Account of all the schemes concerned, under the guarantees and penalties applicable to the recovery of contributions from the general social security system based on
      . Art. L. 129-13. -The financial assistance of the works council and the financial assistance of the undertaking paid in favour of employees of the latter shall not have the character of remuneration within the meaning of Articles L. 242-1 of the Social Security Code and L. 741-10 of the Rural Code and For the application of labour legislation, where such aid is intended either to facilitate access to employees' services or to finance:
      ' 1. Activities falling within the scope of services referred to in Article L. 129-1 of this Code;
      " 2 ° Activities of services provided by the bodies mentioned in the first two paragraphs of Article L. 2324-1 of the Code of Public Health and the persons referred to in Article L. 227-6 of the Code of Social Action and Families or by Maternity assistants approved under Article L. 421-1 of the same code.
      " The same shall apply to the financial assistance paid for the same purpose in favour of the head of a business or, if the undertaking is a legal person, its President, its Director General, its delegated general manager, its managers or its members Of its Executive Board, since such aid may also benefit all employees of the undertaking in accordance with the same rules of
      . Art. L. 129-14. -The financial assistance referred to in Article L. 129-13 may be managed by the Works Council, by the undertaking or, jointly, by the Works Council and the
      . The management, by the works council or jointly by the undertaking and the works council, of the financial assistance of the undertaking, paid in accordance with the conditions laid down in Article L. 129-13, shall be the subject of prior consultation of the Committee Business in the case of joint management and an evaluation procedure involving the works council.
      " The financial assistance of the undertaking shall not fall within the scope of the social and cultural activities referred to in Article L. 432-8 and shall not constitute a social expenditure within the meaning of Article L. 432-9
      Art. L. 129-15. -The financial assistance referred to in section L. 129-13 is exempt from income tax for its beneficiaries. It shall not be taken into account in the amount of expenditure to be deducted for the tax reduction base referred to in Article 199 sexdecies of the General Tax
      . The financial assistance of the undertaking shall be covered by the provisions of f of the I of Article 244 quater F of the same code
      Art. L. 129-16. -The National Agency for Human Services, a national public institution with administrative character, is responsible for promoting the development of services activities to the person. It may recruit private law contractors for a fixed term or for a specified mission.
      " Art. L. 129-17. -I.-A decree of the Council of State determines the conditions for the grant, control and withdrawal of the approval of the associations and undertakings referred to in Article L. 129-1, in particular the special conditions to which those concerned are subject. The activity relates to the care of children or assistance to elderly, disabled or dependent persons and the arrangements for implementing the regime of the implied decision to accept this authorisation. This decree specifies that the quality requirement necessary for the intervention of the associations and undertakings mentioned in the same article is equivalent to that required for the same public by Law No. 2002-2 of 2 January 2002 renovating social action and Medico-social.
      " II. -decrees specify as necessary:
      " 1 ° The content of the activities referred to in Article L. 129-1;
      2 ° A ceiling in value or in working time for home interventions to ensure that some of the activities contained in the decree provided for in 1 ° benefit from the provisions of this Chapter;
      " 3 ° The terms of use and operation of the employment-universal service cheque, in particular:
      " (a) Those relating to the collection and reimbursement of universal service cheques and to the monitoring, verification and vigilance obligations of organizations and institutions issuing special payment vouchers ;
      " (b) Those relating to pre-financed universal service cheques for the remuneration of persons or the payment of services referred to in Articles L. 227-6 and L. 421-1 of the Code of Social Action and Families and the first two paragraphs of Article L. 2324-1 of the Public Health Code;
      " (c) Those relating to pre-financed universal service cheques for the remuneration of persons mentioned in Article L. 722-20 of the Rural Code employed by individuals for the maintenance and maintenance of gardens;
      " (d) Those relating to the exchange of information between the collection body referred to in Article L. 129-6 of this Code and the bodies or institutions referred to in the second subparagraph of Article L. 129-7;
      " (e) Those relating to the modalities for the operation of the account provided for in the last paragraph of Article L. 129-7;
      " 4 ° The conditions for the application of Article L. 129-13, in particular the maximum amount of the financial assistance it mentions, as well as the details of the justification for the destination of such aid. "

      Article 2


      Home help services for communal and intercommunal social action centres are exempt from the scheme Authorisation provided for in Articles L. 313-1 et seq. Of the Code of Social Action and Families for those of their activities relating to household, family or living tasks.

      Item 3


      The first paragraph of Article L. 121-20 of the Consumer Code is supplemented by the following two sentences:
      " The consumer may derogate from this period in the event that he is unable to move and at the same time he would need to call for an immediate and necessary benefit to his or her living conditions. In that case, he would continue to exercise his right of withdrawal without having to justify reasons or pay penalties. "

      Article 4


      Article L. 121-26 of the Consumer Code is supplemented by a paragraph worded as follows:
      " The provisions of the second subparagraph shall apply to home subscriptions proposed by associations and undertakings authorised by the State concerned with the provision of services referred to in Article L. 129-1 of the Labour Code Subscription. "

      Item 5


      I. -The first paragraph of Article L. 212-4-3 of the Labour Code is thus amended:
      1 ° In the second sentence, after the word: Associations "shall be inserted the words:" And enterprises " ;
      2 ° Added a passphrase:
      " In home support associations and businesses, work schedules are communicated to the employee in writing each month. "
      II. -After the first sentence of the first paragraph of Article L. 212-4-4 of the same Code, the following sentence shall be inserted:
      " In home care associations and businesses, this period may be less for emergency cases defined by an extended branch agreement or collective agreement or by an enterprise or establishment agreement or agreement. "
      III. -After 8 ° of Article L. 212-4-6 of the same Code, a paragraph has been inserted as follows: '
      ' In the home support associations and undertakings, an extended branch agreement or collective agreement or an enterprise or establishment agreement may derogate from the provisions of 6 ° and, for emergencies, of 8 °. "

      Item 6


      I. -The first paragraph of Article L. 133-7 of the Social Security Code is replaced by five sub-paragraphs as
      : Contributions and social contributions of legal origin and conventional contributions and contributions made compulsory by law, due to the remuneration paid to employees referred to in Article L. 772-1 of the Labour Code and Persons mentioned in the 2 ° of Article L. 722-20 of the Rural Code employed by individuals for the maintenance and maintenance of gardens, are calculated, by mutual agreement between the employer and the employee:
      " 1 ° on an equal basis, per hour of work, at once the hourly value of the minimum growth wage applicable on the first day of the relevant calendar quarter;
      " 2. Either the remuneration actually paid to the employee, in which case the employer's social security contributions are reduced by fifteen points.
      " In the absence of an agreement between the employer and the employee or in the absence of any choice mentioned by the employer, it shall be applied from the above 2
      . The benefit of the abatement provided for in this 2 ° shall not be cumulative with that of any other total or partial exemption from employer contributions, nor with the application of specific rates or bases or lump sum contributions. "
      II. -Article L. 241-10 of the same code is thus amended:
      1 ° The ninth paragraph of the I reads as follows:
      " Except in the case referred to in the a, the exemption shall be granted on the request of the persons concerned by the body responsible for recovery of contributions under conditions laid down by ministerial order. ' ;
      2 ° After III, it is inserted a III bis as follows:
      " III bis. -The remuneration of employees who, employed by associations or business services to the person approved under the conditions laid down in Article L. 129-1 of the Labour Code, shall ensure an activity referred to in that Article shall be exempt Employers' contributions to social insurance, accidents at work and family allowances, within the limit, where they are not eligible for another exemption referred to in this Article, from a ceiling determined by decree. The benefit of this exemption is not cumulative with that of another total or partial exemption of employer contributions or the application of specific rates or bases or lump sum contributions. "
      III. -Article L. 741-27 of the Rural Code is supplemented by an IV as
      : IV. -The provisions of Article L. 241-10 of the Social Security Code of Article L. 241-10 apply to employers' contributions to social insurance, work accidents and family allowances payable by associations and undertakings on the Remuneration of employees affiliated with the scheme of agricultural social protection, under the conditions mentioned in this Article. "

      Item 7


      I. -The second paragraph of Article L. 232-7 of the Code of Social Action and Families is thus amended:
      1 ° After the word: "Shall be inserted in the words:" To an employee or " ;
      2 ° The words: " Service job title " Are replaced by the words: " Employment-universal service cheque ".
      II. Article L. 232-15 of the same code reads as follows:
      " Art. L. 232-15. -The personal autonomy allowance may, after the agreement of the beneficiary, be paid directly to the home support services, in particular those referred to in Article L. 129-1 of the Labour Code, or to the institutions mentioned in the 6 ° of the Article L. 312-1 of this Code and to the 2 ° of Article L. 6111-2 of the Public Health Code used by the beneficiary of the
      . Benefits provided by the recipients of the Personalized Benefit are subject to quality control.
      " The beneficiary of this allowance may change the conditions under which this direct payment is made at any time. "

      Article 8


      The general tax code is thus modified:
      1 ° Section 81 is completed by a 37 ° reading:
      " 37 ° The financial assistance referred to in Article L. 129-13 of the Labour Code. ;
      2 ° In the 5 of Article 158, the words: " , as well as the financial assistance referred to in Article L. 129-3 of the Labour Code Are deleted;
      3 ° The fourth paragraph of Article 199 sexdecies reads as follows:
      " The financial assistance referred to in Article L. 129-13 of the Labour Code, which is exempt pursuant to 37 ° of Article 81, shall not be eligible for the tax reduction provided for in this Article." ;
      4 ° I of Article 244 quater F is supplemented by a f so worded:
      " (f) Expenses incurred in respect of the financial assistance of the undertaking referred to in Article L. 129-13 of the Labour Code. ;
      5 ° In Article 279, the reference: " Of II " Is deleted.

      Article 9


      Section L. 5232-3 of the Public Health Code reads:
      " Art. L. 5232-3. -Service providers and distributors of devices, including medical devices, intended to promote the return to home and the autonomy of persons who are ill or have a disability within the meaning of Article L. 114 of the Code of social action and families, must have staff with a diploma, a validation of professional experience or an equivalence attesting to training in the delivery of such materials or services; Comply with exercise conditions and good practice rules.
      " Service providers and equipment distributors organize continuing education and access to continuing vocational training throughout the life of their staff.
      " An order of the Minister responsible for health shall lay down the list of the materials and services referred to in the first paragraph
      A decree shall specify the other rules for the application of this Article. "

      Item 10


      I. -The first sentence of Article L. 812-1 of the Labour Code reads as follows:
      " The provisions of Articles L. 129-5 to L. 129-12 shall apply in the overseas departments and in Saint-Pierre-et-Miquelon where the universal service cheque has the nature of a special payment title. "
      II. -After the words: ", the end of the eighth paragraph of the same article shall read as follows: In the first paragraph of Article L. 129-7 ".

      Article 11


      The experiment referred to in Article 17 of Law No. 2004-1 of 2 January 2004 on child care and care is extended for a period of two years.

      Article 12


      The General Code In this way local and regional authorities are amended:
      1 ° The first paragraph of Article L. 2123-18-4 is amended as follows:
      a) The words: Chèque-service provided for in Article L. 129-2 " Are replaced by the words: " Employment cheque-universal service provided for in Article L. 129-5 " ;
      b) After the words: " Remuneration of employees' shall be inserted words: ' Or registered associations or undertakings " ;
      c) After words: " Personal help in their home "are inserted the words:" Or a mobility aid in the neighbourhood environment conducive to home maintenance " ;
      2 ° The first paragraph of Article L. 3123-19-1 is amended as follows:
      a) The words: Chèque-service provided for in Article L. 129-2 " Are replaced by the words: " Employment cheque-universal service provided for in Article L. 129-5 " ;
      b) After the words: " Remuneration of employees' shall be inserted words: ' Or registered associations or undertakings " ;
      c) After words: " Personal help in their home "are inserted the words:" Or a mobility aid in the neighbourhood environment conducive to home maintenance " ;
      3 ° The first paragraph of Article L. 4135-19-1 is amended as follows:
      a) The words: Chèque-service provided for in Article L. 129-2 " Are replaced by the words: " Employment cheque-universal service provided for in Article L. 129-5 " ;
      b) After the words: " Remuneration of employees' shall be inserted words: ' Or registered associations or undertakings " ;
      c) After words: " Personal help in their home "are inserted the words:" Or a mobility aid in the vicinity of their home environment ".

      Article 13


      Article 5 of the Act No. 93-1313 of 20 December 1993 quinquennial relating to work, employment and vocational training is repealed

    • TITLE II: SOCIAL COHESION Article 14


      I. -The last paragraph of Article L. 322-4-11 of the Labour Code is replaced by two paragraphs thus written:
      " The agreement is concluded for a term of two years. It may be renewed within the 12-month limit. For beneficiaries over fifty years of age and persons recognised as disabled workers under the conditions laid down in Article L. 323-10, the renewal limit may be thirty-six months.
      " By way of derogation from the provisions of the penultimate subparagraph, where special circumstances in the occupational sector or in the position profile justify it, the Prefect may provide for a period of between six and twenty-four months. The agreement is renewable twice, the total duration of which cannot, given the renewal or renewal, exceed thirty-six months. For beneficiaries over fifty years of age and persons recognised as workers with disabilities under the conditions laid down in Article L. 323-10, this total period shall not exceed five years. "
      II. -Article L. 322-4-12 of the same code is thus amended:
      1 ° In the fourth sentence of the first paragraph of the I, after the words: "Shall be inserted in the words:" And persons recognised as disabled workers under the conditions laid down in Article L. 323-10 " ;
      2 ° After the first subparagraph of the I, two sub-paragraphs are inserted:
      " By way of derogation from the provisions of the first subparagraph, where the agreement has been concluded for a period between six and twenty-four months in accordance with the last paragraph of Article L. 322-4-11, the contract shall be concluded for the same period. It is renewable twice, and the total duration of the contract cannot exceed thirty-six months given the renewals or renewals. For beneficiaries over fifty years of age and persons recognised as workers with disabilities under the conditions laid down in Article L. 323-10, this total period shall not exceed five years
      A balance sheet is carried out every six months with the employer and the referent. "

      Article 15


      Article 200 (2) of the General Tax Code is supplemented by a sentence so written:
      " This tax reduction is increased under conditions laid down by decree when the aid is provided to a person with a disability within the meaning of Article L. 114 of the Code of Social Action and Families. "

      Article 16


      I. -The Labour Code is thus amended:
      1 ° At the end of the first paragraph of Article L. 322-4-10, the words: Or an isolated parent allocation " Are replaced by the words: " , from the allocation of an isolated parent or from the allowance to adults with disabilities " ;
      2 ° At the end of the last paragraph of Article L. 322-4-12, the words: " Or L. 524-1 of the Social Security Code " Are replaced by references: " , L. 524-1 or L. 821-1 to L. 821-3 of the Social Security Code " ;
      3 ° In the first sentence of article L. 322-4-15, after the words: The isolated parent allocation ", are inserted the words:" , from the allowance to adults with disabilities " ;
      4 ° In the third paragraph of article L. 322-4-15 -5, the words: " Or L. 524-1 of the Social Security Code " Are replaced by references: " , L. 524-1 or L. 821-1 to L. 821-3 of the Code of Social Security
      . -After Article L. 821-7-1 of the Social Security Code, a Article L. 821-7-2 reads as follows: '
      ' Art. L. 821-7-2. -During the term of the contract of the future concluded pursuant to Article L. 322-4-11 of the Labour Code or the contract agreement insert-minimum income of activity concluded pursuant to Article L. 322-4-15 -1 of the same code, The beneficiary of the contract shall continue to receive an amount of allowance for adults with disabilities equal to that resulting from the application of the provisions of this Title, less the amount of the aid to the employer defined in the first paragraph of Article L. 322-4-12 of the Labour Code or Article L. 322-4-15 -6 of the Code.
      " It shall retain for the duration of the said agreements the rights guaranteed to beneficiaries of the allowance for adults with disabilities. "

      Item 17


      I. -The third paragraph of Article L. 322-4-10 of the Labour Code is supplemented by the following sentence:
      " For the beneficiaries of the specific solidarity allowance, the allocation of an isolated parent or the allowance for adults with disabilities, the State may, under the same conditions, ensure the implementation of the contract of the future. "
      II. -At the end of the fourth paragraph of the same article, the words: Concluded for the inhabitants of its spring " Are deleted.
      III. -The first five paragraphs of Article L. 322-4-11 of the same Code are replaced by seven sub-paragraphs as
      : Where the department, the municipality or, where appropriate, the public establishment of inter-communal cooperation ensures the implementation of the contract of the future, the conclusion of each contract shall be subject to the signature of an individual agreement between The beneficiary, who undertakes to take part in all the actions provided for therein, the President of the General Council or the Mayor or, where appropriate, the President of the public institution of inter-communal cooperation and one of the employers belonging to the To the following categories:
      " 1 ° Territorial and other legal persons under public law;
      " 2 ° Private legal persons responsible for the management of a public service;
      " 3 ° Other private non-profit organizations;
      " 4 ° Employers referred to in Articles L. 322-4-16 and L. 322-4-16-8.
      " The department, the municipality or the public institution of inter-communal cooperation shall in advance sign with the State a convention of objectives which determines, where appropriate, the delegated bodies referred to in the fourth paragraph of Article L. 322-4-10 and Article L. 322-4-13 and the number of future contracts which may be concluded pursuant to the first paragraph of this Article.
      " Where the State ensures the implementation of the contract of the future, the conclusion of each contract shall be subject to the signature of an individual agreement between the beneficiary, who undertakes to take part in all the actions provided for therein, the State representative and one of the employers in the categories mentioned above. "
      IV. -In the second paragraph of Article L. 322-4-12 of the Code, after the words: It also collects from the state ", are inserted the words:" , under conditions specified by decree, ".

      Article 18


      The II of Article L. 322-4-12 of the Labour Code is thus amended :
      1 After the first subparagraph, a paragraph shall be inserted as follows:
      " The debtor of the allowance may entrust the service of the aid to the employer referred to in the first subparagraph to one of the bodies referred to in Article L. 262-30 of the Code of Social Action and of the families or one of the bodies referred to in the first subparagraph Article L. 351-21 of this Code. ' ;
      2 ° In the first sentence of the second paragraph, the word: " He " Is replaced by the words: " The employer ".

      Article 19


      The Labour Code is thus amended:
      1 ° The first sentence of the last paragraph of the I of Article L. 322-4-16 is supplemented by the words: " And with municipalities or public institutions of inter-communal cooperation with competence for social action of Community interest ' ;
      2 ° In the first paragraph of article L. 322-4-16-8, after the words: " Devices worn "shall be inserted the words:" By a municipality, a public institution of inter-communal cooperation with competence for social action of Community interest, '.

      Article 20


      Before the last paragraph of Article L. 322-4-15 -4 of the Labour Code, it is inserted a paragraph so worded:
      " In the operations, undertakings and establishments referred to in Article L. 722-1 of the Rural Code and the agricultural cooperatives referred to in Article L. 722-20 of the same Code, the employment contract may provide for training measures Proposed by the joint vocational and external training bodies to the company. Such trainings shall be provided for in the Convention referred to in the first paragraph of Article L. 322-4-15 -1. The duration of these trainings is based on working time. The average weekly working time calculated on the total duration of the contract shall be at least equal to the minimum weekly period laid down in this Article. "

      Article 21


      Training actions for persons benefiting from contracts referred to in Articles L. 322-4-7 and L. 322-4-10 of the Labour Code in the institutions listed in Article 2 of Act No. 86-33 of 9 January 1986 laying down statutory provisions relating to the hospital public service, with a view to facilitating their insertion, are financed, for all Or part, by means of credits collected by the parent collecting bodies Referred to in Article 22 of Law No. 90-579 of 4 July 1990 on training, quality and supervision of continuing vocational training and amending Book IX of the Labour Code.

      Article 22


      Objectives agreements concluded prior to the date of publication of this Law and taken for the purposes of Article L. 322-4-11 of the Labour Code according to the model set out in the decree of 24 March 2005 The provisions of the fourth paragraph of Article L. 322-4-10 of the Labour Code shall be governed by the provisions of the fourth paragraph of Article L. 322-4-10 of the Labour Code.

      Style="text-decoration: none; "id="JORFARTI000002273602" name="JORFARTI000002273602"> Article 23


      The job code is thus modified:
      1 ° The 2 ° of article L. 124-4-4 is supplemented by the words: " Or Article L. 322-4-15 -4 " ;
      2 ° The last sentence of the fourth paragraph of Article L. 124-7 is supplemented by the words: Or under Article L. 322-4-15 -4 " ;
      3 ° In the second paragraph of article L. 322-4-15 -4, after the words: " By way of derogation from the provisions of Article L. 122-2 shall be inserted: ' And the second paragraph of I of Article L. 124-2-2 ".

      Article 24


      I. -The last sentence of the last paragraph of Article L. 143-10 of the Labour Code is supplemented by the following words: , as well as the contributions due by the employer under the custom reclassification agreements referred to in Article L. 321-4-2 ".
      II. -Article L. 143-11-1 of the same code is thus amended:
      1 ° 1 ° is supplemented by the words: " , as well as the contributions payable by the employer under the custom reclassification agreement referred to in Article L. 321-4-2 " ;
      2 ° After 2 °, it is inserted a 2 ° bis so written:
      " 2 ° bis The claims resulting from the termination of the employment contract of the employees to whom the custom reclassification agreement referred to in Article L. 321-4-2 has been proposed, provided that the administrator, the employer or the liquidator, according to The case, proposed that agreement to the persons concerned during one of the periods indicated at 2 °, including the contributions payable by the employer under that agreement and the wages due during the employee's response time; ".
      III. -After the tenth paragraph of Article L. 143-11-7 of the same Code, a paragraph shall be inserted as follows: '
      ' By way of derogation from the provisions of the three preceding subparagraphs, the advance of the employer's contributions to the financing of the custom reclassification agreement referred to in Article L. 321-4-2 shall be paid directly to the managing bodies Referred to in Article L. 351-21. "
      IV. -The I of Article L. 321-4-2 of the same code is thus amended:
      1 ° The last sentence of the second paragraph reads as follows:
      " However, only a sum corresponding to the training allowance provided for in Article L. 933-4 shall be payable. ' ;
      2 ° The fourth paragraph is supplemented by the following words and two sentences: " And, where applicable, the balance of what would have been the notice allowance if it had corresponded to a period of more than two months. An employee whose legal duration of the period of time off leave provided for in Article L. 122-6 is less than two months shall receive from the termination of the employment contract an amount equivalent to the amount of notice he would have received in the event of refusal. The social and tax systems applicable to these sums shall be those applicable to the notice." ;
      3 ° The fifth paragraph is thus amended:
      (a) In the second sentence, after the reference: " L. 311-10 " shall be inserted as follows: , the obligations of the beneficiary of the agreement " ;
      (b) The last sentence is supplemented by the words: " , provided that the legal duration of the time off of the leave provided for in Article L. 122-6 is at least two months ".
      V.-The last sentence of the first paragraph of Article L. 321-4-3 of the same code is deleted.
      VI. -In the first sentence of the first subparagraph of Article L. 352-3 of the Code, after the words: To the articles ", is inserted the reference:" L. 321-4-2, ".

      Article 25


      The second sentence of the third subparagraph of Article L. 213-7 of the Labour Code shall be replaced by two Phrases written:
      " A decree in the Council of State also determines the list of sectors for which the specific characteristics of the activity justify a derogation. An extended collective agreement or agreement or an agreement or an enterprise or establishment agreement may define the conditions under which it may be granted. "

      Article 26


      In the IV of Article 244 quater G of the General Tax Code, the word: Six " Is replaced by the word: " A ".

      Article 27


      The first paragraph of Article L. 119-1 of the Labour Code is supplemented by a sentence so worded:
      " For the youth and sports sector, the inspection of apprenticeship is carried out by youth and sports inspectors, commissioned by their Minister for this purpose. "

      Article 28


      In the sixth and last paragraphs of Article L. 119-1-1 of the Labour Code and in the eighth paragraph of Article L. 119-1-2 of the same code, the words: The Minister responsible for vocational training " Are replaced by the words: " The competent authority of the State ".

      Article 29


      I. -Article L. 118-2-2 of the Labour Code is thus amended:
      1 ° In the second sentence of the first subparagraph, after the words: Continuing vocational training ", are inserted the words:" Or the apprenticeship training centres for which the agreement with the State has been concluded " ;
      2 ° The second paragraph reads as follows:
      " The amounts thus paid shall be exclusively allocated to the financing: ;
      3 ° The fourth paragraph (2 °) is supplemented by the words: " Or, in the case of apprenticeship training centres for which agreement has been made with the State, development and modernisation measures adopted within the framework of the Convention " ;
      4 ° After the fifth paragraph, it is inserted a 3 ° so written:
      " 3 ° National actions for communication and promotion of learning. "
      II. -Article L. 118-2-3 of the same code is thus amended:
      1 ° In the third subparagraph, after the words: Continuing vocational training ", are inserted the words:" Or the apprenticeship training centres for which the agreement has been concluded with the State and " ;
      2 ° In fifth paragraph (b), after the words: " To 2 ° ' shall be inserted the words: ' And at 3 ° ".
      III. -In the last sentence of the second paragraph of Article 226 bis of the General Tax Code, the word " Seventh " Is replaced by the word: " Eighth " ;
      IV. -In the last sentence of the last paragraph of Article L. 118-2 of the Labour Code, the word: Seventh " Is replaced by the word: " Eighth ".

      Article 30


      Section 49 of the Craft Code is repealed.

      Article 31


      Until 1 January 2008 and by way of derogation from the provisions of Article L. 118-2 of the Labour Code, the amount of the financial assistance provided for in the second paragraph Of that item is at least equal, within the limit of the portion of the tax reserved for Apprenticeship, at an amount fixed by order of the Ministers responsible for employment and the budget.

      Article 32


      I. -After the seventh paragraph of Article L. 313-1 of the code of construction and housing, it is inserted a g so worded:
      " (g) Offsets paid to damage insurance undertakings proposing insurance contracts against the risk of unpaid rent complying with a social specification established by the Union d' économie sociale du logement and Approved by Order in Council. "
      II. -After 2 ° bis of Article L. 313-19 of the same code, it shall be inserted a 2 ° ter thus written:
      " 2 ° ter Assure, under conditions laid down by agreement with the State, the financing of the aid provided for in Article L. 313-1; '.
      III. -After the article 200 octies of the general tax code, it shall be inserted an article 200 not so worded:
      " Art. 200 nonies. -Persons who rent one or more units within the framework of a convention referred to in Article L. 353-2 of the Construction and Housing Code shall be entitled to an income tax credit when entering into an insurance contract Against the rent arrears complying with the specifications referred to in the g of Article L. 313-1 of the same code
      This tax credit is equal to 50 % of the amount of the premium paid in the tax year.
      " The persons referred to in the first subparagraph shall not be entitled, for the same insurance contract, to the provisions laid down in this Article and those provided for in a bis of 1 ° of the I of Article 31 of the General Tax Code. "

      Article 33


      After the first paragraph of Article L. 632-1 of the Construction and Housing Code, a paragraph is inserted. Thus written:
      " When the lease is granted to a student, the term of the lease may be reduced to nine months. In such a case, the tacit renewal clause provided for in the first subparagraph shall not apply. "

      Item 34


      I. -The II of Article 150 U of the General Tax Code is supplemented by a 7 ° thus written:
      " 7 ° Who are assigned before 31 December 2007 to a moderate rent housing organisation, to a mixed economy company managing social housing or to an organization referred to in Article L. 365-1 of the code of construction and housing. "
      II. -Article 210 E of the same code is supplemented by a III so worded:
      " III. -Net capital gains arising from the transfer of immovable or unbuilt real estate by a corporation subject to tax on the companies under ordinary conditions for the benefit of a moderate rent housing agency, A joint economic partnership that manages social housing or an organization referred to in section L. 365-1 of the Construction and Housing Code is subject to corporate tax at the rate set out in the IV of section 219. These provisions apply to assignments made before December 31, 2007. "
      III. -The Government submits, before 1 October 2007, a report to Parliament assessing the effectiveness of the scheme for exemption from taxation on capital gains from land transfer to social donors in order to assess The opportunity to extend it beyond December 31, 2007.

      Item 35


      I. -Article L. 112-3 of the Monetary and Financial Code is supplemented by a 9 ° thus written:
      " 9 ° The rents provided for in the conventions relating to a dwelling place. "
      II. -In the first sentence of the second paragraph of d of Article 17 of Act No. 89-462 of 6 July 1989 to improve rental reports and amending Act No. 86-1290 of 23 December 1986, the words: The change in the four-quarter average of the national index measuring the cost of construction published by the National Institute of Statistics and Economic Studies Are replaced by the words and a sentence thus written: " The variation of a rent reference index published by the Institut national de la statistique et des études économiques (Institut national de la statistique et des études économiques), whose methods of calculation and publication are fixed by decree in the Council of State. These methods of calculation are based, in particular, on the evolution of consumer prices, the cost of maintenance and improvement of housing at the expense of lessors and the cost of construction index. "
      III. -The last paragraph of d of Article 17 of Law No. 89-462 of 6 July 1989 is
      . -The provisions of this Article shall enter into force on 1 July 2006. They shall apply to contracts in progress from that date. The value of the four-quarter average of the construction cost index at the reference date of these contracts is replaced by the value of the Rent Reference Index at that same reference date.
      V.-In the Agreements in progress and the model conventions provided for in Article L. 351-2 of the Construction and Housing Code, any provision stipulating that the revision of the rent charged or the maximum rent shall be effected in accordance with the variations of the average on Four quarters of the Construction Cost Index published by the National Institute of Statistical and economic studies is replaced by the provision that this revision is carried out in accordance with the changes in the rent reference index. In the current agreements, the value of the four-quarter average of the construction cost index at the reference date is replaced by the value of the national rent reference index on that date

    • TITLE III: TRANSITIONAL PROVISIONS Item 36


      I. -The provisions of Chapter IX of Title II of the Book I of the Labour Code, in their drafting prior to the publication of this Law, shall remain applicable to cheques-service and employment-service titles until the entry into force of the Sections L. 129-5 to L. 129-12 of the Code, and no later than January 1, 2007.
      II. -The provisions of the first five paragraphs of Article L. 133-7 of the Social Security Code, as drawn up in this Law, shall apply to contributions and social contributions payable as from 1 January
      . -The exemption system provided for in III bis of Article L. 241-10 of the Code of Social Security, as drawn up in this Law, applies as from 1 January
      . -The tax credit provided for in Part I of Article 244 quater F of the General Tax Code, as drawn up in this Law, shall apply to expenses incurred as from 1 January 2006.
      V.-The provisions of Article L. 232-15 of the The Code of Social Action and Families, in their drafting of this Law, shall apply to persons benefiting from the Personalized Benefit for the first time as from 1 January 2006. Those who receive this allowance at that time may at any time, at their request, amend the terms and conditions of the allowance for home support services.
      VI. -The provisions of Article 24 of this Law shall apply to the agreements referred to in the fifth paragraph of the I of Article L. 321-4-2 of the Labour Code entered into on 1 April
      . -The provisions of Article 244 quater G of the General Income Tax Code, as drawn up in this Law, shall apply to exercises open on or after 1 January 2005.
      This Law shall be executed as the law of the State.


    Done at Paris, July 26, 2005.


    Jacques Chirac


    By the President of the Republic:


    Prime Minister,

    Dominique de Villepin

    The Minister of State,

    Minister of the Interior

    and Spatial Planning,

    Nicolas Sarkozy

    The Minister of Employment, Social Cohesion

    and Housing,

    Jean-Louis Borloo

    The Minister of Economy,

    Finance and Industry,

    Thierry Breton

    The Minister of Health and Solidarity,

    Xavier Bertrand

    The Minister of Agriculture and Fishing,

    Dominique Bussereau

    The Minister of the Overseas,

    François Baroin

    The Minister of Small and Medium Enterprises,

    of Commerce, the Handicrafts

    and the Liberal Professions,

    Renaud Dutreil

    Minister of Youth, Sports

    et de la vie associative,

    Jean-François Lamour

    The minister delegated to the

    budget and state reform,

    spokesman for the Government,

    Jean-François Copé

    Associate Minister Jobs, Employment

    and Youth Employment Integration,

    Gérard Larcher

    The Minister Delegate to Territorial Communities,

    Brice Hortefeux

    The Minister of Social Security,

    aux personnes âgées,

    aux personnes handicapées

    et à la famille,

    Philippe Bas


    (1) travaux préparatoires: loi n ° 2005-841.

    National Assembly:

    Bill No. 2348;

    Report by Mr Maurice Giro, on behalf of the Committee on Cultural Affairs, No. 2357;

    Discussion from 14 to 16 June 2005 and adoption, after emergency declaration, 21 June 2005.

    Senate :

    Bill, adopted by the National Assembly, No. 411 (2004-2005);

    Report by Dominique Leclerc, on behalf of the Social Affairs Committee, No. 414 (2004-2005);

    Discussion on 27 and 28 June 2005 and adoption on 28 June 2005. June 2005.

    National Assembly:

    Bill, as amended by the Senate at second reading, No. 2423;

    Report by Maurice Giro, on behalf of the Joint Joint Committee, No. 2437;

    Discussion and adoption on July 13, 2005.

    Senate:

    Report by Mr. Dominique Leclerc, on behalf of the Joint Joint Committee, No. 453 (2004-2005);

    Discussion and adoption on July 13, 2005.


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