Key Benefits:
The Prime Minister,
On the report of the Minister of Employment, Social Cohesion and Housing,
Considering the Labour Code, including articles L. 311-1, L. 311-5 and L. 351-16 to L. 351-18;
Considering the referrals for consultation with social partners;
The State Council (Social Section) heard,
Decrete:
The title I of Book III, Chapter I, section 3, of the Labour Code is replaced by the following provisions: "Contents of the list and accompaniment of job seekers". This section has two subsections: sub-section 1, entitled "Registration and deletion of job seekers", includes sections R. 311-3-1 to R. 311-3-10; Sub-section 2, entitled: "Accompanying Job seekers", includes sections R. 311-3-11 and R. 311-3-12.
I. - In article R. 311-3-4 of the Labour Code, the words: "of the National Employment Agency" are replaced by the words: "of one of the organizations mentioned in the first paragraph of article L. 311-1, in particular in the context of the personalized project of access to employment provided for in article R. 311-3-11," and the words: "all positive steps in their power in
II. - This same article is supplemented by the following sentence:
"These steps must be real and serious, appreciated in the light of the situation of the job applicant and the local employment situation. »
Section R. 311-3-5 of the Labour Code is replaced by the following:
"The departmental delegate of the National Employment Agency radiates from the list of job seekers who:
« 1° (a) cannot justify the performance of positive and repeated job search actions, within the meaning of Article R. 311-3-4;
“(b) Refuse, without legitimate grounds, to accept a job that is compatible with their specialty or training and with their geographic mobility opportunities, taking into account their personal and family circumstances and the mobility aids that are offered to them by the services and organizations mentioned in the first paragraph of Article L. 311-1, and retributed to a salary rate normally practised in the profession and in the region. These conditions are appreciated, if any, with respect to the personalized job access project referred to in R. 311-3-11;
"(c) Refuse, without legitimate grounds, a proposal for a learning contract or a proposal for a professionalization contract referred to in Article L. 981-1;
"(d) Refuse, without legitimate grounds, a training action provided for in Article L. 900-2, an insertion action or an assisted contract offer provided for in Chapter II of Title II of Book III;
"2° (a) Refuse, without legitimate reason, to respond to any summons or warranted by or under the terms and conditions set out in the agreement referred to in the fourth paragraph of Article L. 311-1;
“(b) Refuse, without legitimate reason, to submit to a medical visit to the medical labour services to verify their fitness for work or certain types of employment;
« 3° Fake statements to be or remain on the job seekers list.
"Deletion decisions are forwarded to the department's prefect without delay. »
In article R. 311-3-7 of the Labour Code, after the words "to 1 and 2", the words "of I" are added.
Section R. 311-3-8 of the Labour Code is replaced by the following provisions:
"Art. R. 311-3-8. - The delisting of job seekers leads to the impossibility of obtaining a new registration:
« 1° For a period of fifteen days in cases where for the first time the breaches mentioned in the 1st of Article R. 311-3-5 are found; in the event of repeated breaches, this period may be extended to a period between one and six consecutive months;
« 2° For a period of two months in cases where for the first time the breaches referred to in 2° of Article R. 311-3-5 are found; in the event of repeated breaches, this period may be extended to a period between two and six consecutive months;
« 3° For a period of six to twelve consecutive months in cases where false statements referred to in 3° of Article R. 311-3-5 are found.
"When the delisting is pronounced in accordance with the provisions of section R. 311-3-7, its duration cannot exceed that of the exclusion of replacement income. »
The third paragraph of Article R. 311-3-9 of the Labour Code is replaced by the following provisions: "People who intend to challenge them must make a preliminary appeal to the departmental delegate of the National Employment Agency. This remedy, which is not suspensive, may be submitted, by the departmental delegate, for advice to the departmental commission provided for in article R. 351-34, to which he then participates. »
Articles R. 311-3-11 and R. 311-3-12 of the Labour Code are as follows:
"Art. R. 311-3-11. - After the registration of an employment applicant on the list referred to in Article L. 311-5, a personalized employment access project is established, and adapted over time, by the National Employment Agency or, in conjunction with it, by any organization participating in the public employment service under the conditions provided for in the agreement referred to in Article L. 311-1.
"Art. R. 311-3-12. - The personalized job access project takes into account the situation of the job applicant concerned, including his training, qualification, personal and family situation. It defines the characteristics of the job sought.
"This project also takes into account the local situation of the labour market and the possibilities of mobility, geographical and professional, of the individual.
"It can include evaluation, advice and guidance actions, support to employment, and training or validation of the experience's achievements. »
I. - The first paragraph of Article R. 351-27 of the Labour Code is deleted.
II. - In the same article, after the words: "positive job search actions" are added the words: ", within the meaning of article R. 311-3-4,".
Section R. 351-28 of the Labour Code is replaced by the following provisions:
"I. - The department's prefect eliminates the replacement income referred to in section L. 351-1, on a temporary or final basis, or reduces the amount, as follows:
« 1° In the event of a breach referred to in 1° of Article R. 311-3-5, the prefect reduces the amount of replacement income by 20% for a period of two to six months; in the event of a new occurrence of any of these same deficiencies, the amount of replacement income is reduced by 50% for a period of two to six months or the replacement income is permanently deleted;
« 2° In the event of a breach referred to in 2° of Article R. 311-3-5, the prefect removes replacement income for a period of two months; in the event of a new occurrence of any of the same deficiencies, the replacement income shall be deleted for a period of two to six months or in a final manner;
« 3° In the event of an inaccurate or false statement made by the applicant for employment, in order to unduly perceive the replacement income, the prefect ultimately eliminates the income; However, if this failure is linked to a very short-term undeclared activity, the replacement income is eliminated for a period of two to six months.
“II. - Unemployment insurance organizations referred to in Article L. 351-21 may, as a precautionary measure and until the prefect has ruled on the situation of the applicant under the terms set out in I of this Article, take a measure of suspension of the payment or reduction of the amount of the replacement income referred to in Article L. 351-3, for the reasons set out in 2° (a) of Article R. 311-3 This measure can only take place after the person concerned has been able to present his observations. It ceases to have effect beyond a period of two months after which, in the absence of an explicit decision of the prefect, the payment of replacement income is, in any event, restored. »
Section R. 351-29 of the Labour Code is replaced by the following provisions:
"The control of the job search condition, pursuant to sections L. 351-16 and L. 351-17, is carried out by the officers mentioned in the first paragraph of section L. 351-18. The control of the fitness for work under Article L. 351-1 falls within the competence of the department's prefect. »
Section R. 351-33 of the Labour Code is replaced by the following provisions:
"I. - When the officers responsible for the control of the job search pursuant to Article L. 351-18 find any of the breaches referred to in Article R. 351-28, they shall report it promptly to the prefect of the department, without prejudice, if any, to the exercise of the radiation power provided for in Article R. 311-3-5 or the power to take a precautionary measure II-28.
"This report includes all elements of fact and law to justify the observation made and, where appropriate, the measure taken as a conservatory.
“II. - Following the reporting of a breach and subject to the provisions of the IV below, the prefect shall take action within thirty days of receipt of a complete record. The prefect informs the unemployment insurance organizations of the reports made by them. When it does not consider following a precautionary measure of suspension or reduction, the payment of replacement income is reinstated without delay.
"III. - When considering making a decision to delete or reduce alternative income, the Prefect shall notify the applicant of the reasons for his or her decision and the fact that he or she has the opportunity to present his or her written comments and to be heard by his or her services or, if the duration of the penalty is more than two months, by the commission set out in IV below; he informs him that he has a period of ten days to send his observations or ask to be heard by the services or by the commission.
"IV. - The commission responsible for giving notice on the draft decision to reduce or eliminate replacement income for a period of more than two months is composed of a representative of the State, a representative of the National Employment Agency and a representative of the unemployment insurance organization who pays the replacement income. The Committee shall serve as the secretariat of the Commission. The applicant may be assisted by a person of his or her choice under the second paragraph of section L. 351-18.
"The Commission shall issue its notice within thirty days of receipt of the complete file. The prefect shall take action within fifteen days of receipt of the notice of the commission. »
Article R. 351-34 of the Labour Code is amended as follows:
I. - In the second paragraph, the words "is submitted" are replaced by the words "may be submitted by the prefect".
II. - It is added a paragraph as follows:
"The decision on free appeal can be appealed to the prefect of the region. »
The provisions of Article 12 II of this Decree shall enter into force on 1 January 2006.
The Minister of Employment, Social Cohesion and Housing and the Minister Delegate for Employment, Labour and Vocational Integration of Youth are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, 2 August 2005.
Dominique de Villepin
By the Prime Minister:
Minister of Employment, Social Cohesion
and housing,
Jean-Louis Borloo
Minister for Employment, at Work
and the professional integration of young people,
Gérard Larcher
