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Law No. 2003 - 1200 Of 18 December 2003 On Decentralization In The Insertion Minimum Income And Creating A Minimum Activity Income

Original Language Title: LOI n° 2003-1200 du 18 décembre 2003 portant décentralisation en matière de revenu minimum d'insertion et créant un revenu minimum d'activité

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Texts transposed

Directive 2004/38/EC of the European Parliament and of the Council on the right of citizens of the Union and members of their families to circulate and stay freely in the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/35/EEC, 90/364/EEC, 90/3EEC

Application texts

Summary

Lt 262-1, Lt 262-2, Lt 262-1, Lt 262-2, Lt 262-2, Lt 262-1, Lt 262-1, Lt 262-2, Lt 262-2 It was fully validated by the Constitutional Council. Transposition of European Directive No.2004-38 of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and members of their families to circulate and stay freely in the territory of the Member States, amending Regulation (EEC) No. 1612/68 and repealing directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/EEC, 75/35/EEC, 75/EEC

Keywords

STATUS OF SOCIAL ASSESSMENT, STATEMENT OF ASSISTANCE,

Legislative records

Subsequent links




JORF n°293 of 19 December 2003 page 21670
text No. 2



IOI No. 2003-1200 of 18 December 2003 decentralizing the minimum income of insertion and creating a minimum income of activity (1)

NOR: SOCX0300054L ELI: https://www.legifrance.gouv.fr/eli/loi/2003/12/18/SOCX0300054L/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/loi/2003/12/18/2003-1200/jo/texte


The National Assembly and the Senate adopted,
Vu la Constitutional Council decision No. 2003-487 DC of 18 December 2003;
The President of the Republic enacts the following legislation:

  • TITRE I : DÉCENTRALISATION EN MATIÈRE DE REVENU MINIMUM D'INSERTION Article 1


    Article L. 262-2 of the Code of Social Action and Families is thus written:
    "Art. L. 262-2. - The minimum income for insertion varies in conditions prescribed by regulation according to the composition of the home and the number of dependants. Its amount is fixed by decree and revised once a year according to price changes. »

    Article 2


    The code of social action and families is thus modified:
    1° The 3rd of Article L. 121-7 is repealed;
    2° Section L. 262-4 is repealed.

    Article 3


    After the ninth paragraph of Article L. 131-2 of the Code of Social Action and Families, it is inserted a 4° as follows:
    « 4° The granting of the minimum income allowance under the conditions set out in chapter II of Book II title VI. »

    Article 4


    The expenses resulting from the transfer and creation of competencies carried out by this Act are compensated by the allocation of resources made up of a portion of the proceeds of a tax collected by the State under the conditions established by the Financial Law.
    For the year 2004, the compensation provided for in the first paragraph is calculated on the basis of the expenses incurred by the payment of the minimum insertion income in 2003.
    For the following years, the compensation will be adjusted in a final manner in view of the departmental administrative accounts for 2004 in the Finance Act following the establishment of the accounts.

    Article 5


    In article L. 1614-3-1 of the general code of territorial authorities, after the words: "the resulting charges" are inserted the words: "the creations, the extensions of competencies or".

    Article 6


    In articles L. 262-14 (last paragraph), L. 262-17 (first sentence), L. 262-19 (second and last paragraphs), L. 262-21 (first sentence), L. 262-23 (first and last paragraphs), L. 262-24, L. 262-27 (second paragraph), L. 262-28 (first paragraph), L. 262-35 (last paragraph), L. 262-35 (last paragraph), L.

    Article 7


    The code of social action and families is thus modified:
    l° Article L. 262-9 is supplemented by a paragraph as follows:
    "The provisions of this Article shall not apply to nationals of the Member States of the European Union and other States Parties to the Agreement on the European Economic Area. » ;
    2° After the article L. 262-9, an article L. 262-9-1 is inserted as follows:
    "Art. L. 262-9-1. - For the benefit of the minimum income of insertion, nationals of the Member States of the European Union and other States parties to the agreement on the European Economic Area must fulfil the conditions required to enjoy a right to stay. »

    Article 8


    In article L. 262-13 of the code of social action and families, after the words: "interested" are inserted the words: "is receiving full information on the rights and obligations of the assignee of the minimum income of insertion and".

    Article 9


    Prior to December 31, 2004, the Government will file a report on the National Assembly office and the Senate office on the opportunity to set up a single social window. In particular, the role of this office would be to centralize administrative and technical information on the package of social assistance and actions and to make statements regarding requests for social minima or assisted employment.

    Article 10


    Article L. 262-14 of the Code of Social Action and of Families is supplemented by a paragraph thus written:
    " - to the paying organizations referred to in section L. 262-30 and having received the approval of the President of the General Council. »

    Article 11


    Article L. 262-15 of the Code of Social Action and Families is thus written:
    "Art. L. 262-15. - The administrative instruction of the file is carried out by the body to which the application was filed. When the request is not made directly to them, the paying agencies referred to in Article L. 262-30 and the departmental services in charge of social action shall assist the administrative instruction, in particular with regard to the appreciation of resources. »

    Article 12


    Article L. 262-16 of the Code of Social Action and Families is thus written:
    "Art. L. 262-16. - The President of the General Council shall transmit to the president of the municipal or inter-communal centre of competent social action the requests that have not been filed with the Centre. »

    Article 13


    I. - Article L. 262-18 of the Code of Social Action and Families is amended as follows:
    1° The first paragraph is amended to read:
    (a) The words: "jointly by the representative of the State in the department and" are deleted;
    (b) It is supplemented by the words: "or to a communal or intercommunal centre of social action";
    2° After the first preambular paragraph, a sub-item reads as follows:
    "People travelling to France without a home or a fixed residence, within the meaning of Act No. 69-3 of 3 January 1969 on the exercise of the ambulant activities and the regime applicable to persons travelling to France without a home or a fixed residence, elect domicile from a registered agency or from a communal or intercommunal centre of social action, located or not in their commune of connection. » ;

    3° In the third paragraph, after the words: "Every local commission of insertion", the words are inserted: ", designated by the President of the General Council or, in the event that the General Council did not have it and after an unfulfilled stay, by the representative of the State in the department."
    II. - Article L. 111-3 of the same code is supplemented by a paragraph as follows:
    "The provisions of this section are not subject to the filing of an application for minimum income allowance for insertion. »

    Article 14


    In the first paragraph of Article L. 262-19 of the Code of Social Action and Families, the words: "State representative in the department" are replaced by the words: "President of the General Council of the Department of Residence of the applicant or, if any, of the one in which he elected domicile".

    Article 15


    Article L. 262-20 of the Code of Social Action and Families is thus written:
    "Art. L. 262-20. - Without prejudice to the provisions set out in sections L. 262-21 and L. 262-23, the right to allowance shall be renewable, for periods between three months and one year, by decision of the President of the General Council. »

    Article 16


    Article L. 262-23 of the Code of Social Action and Families is thus amended:
    l° In the first paragraph, the words "of the president of the local commission of insertion" are deleted;
    2° In the same paragraph, after the words: "minimum income of insertion", the words are inserted: ", as well as at the request of the person mentioned in the second paragraph of Article L. 262-37";
    3° At the beginning of the second paragraph, after the word: "If", the words are inserted: ", without legitimate motive."

    Article 17


    The code of social action and families is thus modified:
    1° In article L. 262-24, the words: "L. 262-20," and "or the opinion of the local commission of insertion" are deleted;
    2° In the first and second paragraphs of Article L. 262-28, the reference "L. 262-20" is deleted.

    Article 18


    Article L. 262-30 of the Code of Social Action and Families is thus written:
    "Art. L. 262-30. - The service of the allowance is provided in each department by the family allowance funds and, for their nationals, by the funds of agricultural social mutuality, with which the department passes, for this purpose, agreement.
    "These conventions, whose general rules are determined by decree, set out the conditions under which the allocation service is insured and the competences are delegated under Article L. 262-32.
    "In the absence of this agreement, the allocation service and its financing arrangements are provided under conditions defined by decree.
    "In the period prior to the coming into force of the Order in Council referred to in the preceding paragraph, the paying agencies shall provide the allowance service on behalf of the President of the General Council, in the conditions that prevailed before January 1, 2004. During the same period, the department pays each month to each of these organizations an instalment equivalent to one-third of the expenditures recorded by the organization under the minimum insertion income allowance in the last known calendar quarter. The payment is made by the last day of the month. In the month following the coming into force of the Order in Council referred to in the preceding paragraph, the difference between deposits paid and expenditures actually recorded during the period results in regularization. »

    Article 19


    Article L. 262-31 of the Code of Social Action and Families is thus written:
    "Art. L. 262-31. - The agreement referred to in Article L. 262-30 ensures the neutrality of the financial flows of each party under conditions defined by decree. »

    Rule 20


    Article L. 262-32 of the Code of Social Action and Families is thus written:
    "Art. L. 262-32. - The department may delegate to the paying agencies referred to in section L. 262-30 all or part of the powers of the President of the General Council with respect to individual decisions relating to the allocation, except for the decisions of suspension of the payment of the allowance made under sections L. 262-19, L. 262-21 and L. 262-23.
    "The convention provided for in Article L. 262-30 determines the conditions for the implementation and control of that delegation. »

    Article 21


    In the third paragraph of Article L. 262-33 of the Code of Social Action and Families, the words "to the representative of the State in the department" are deleted.

    Article 22


    Article L. 262-35 of the Code of Social Action and Families is thus amended:
    1° After the second preambular paragraph, a sub-item reads as follows:
    "The paying agencies referred to in Article L. 262-30 shall ensure the implementation of the obligations established by the second paragraph. If the person concerned does not assert his or her rights, the paying agencies refer to the President of the General Council who, in the absence of a legitimate reason, may implement the procedure referred to in the last paragraph. » ;
    2° In the second sentence of the fourth paragraph, the words "on behalf of the State" are replaced by the words "on behalf of the department".

    Article 23


    Article L. 262-37 of the Code of Social Action and Families is thus written:
    "Art. L. 262-37. - Within three months after the payment of the minimum income allowance of insertion, the individual and the persons taken into account for the determination of the amount of the allowance that meet a age requirement must enter into a contract of insertion with the department, represented by the President of the General Council.
    "The President of the General Council shall designate, upon payment of the allowance, a person responsible for developing the contract of insertion with the individual and persons mentioned in the first paragraph and coordinating the implementation of its various economic, social, educational and health aspects.
    "The content of the contract of insertion is debated between the person responsible for its elaboration and the allocatary. The contract is freely entered into by the parties and is based on mutual commitments on their part.
    "The President of the General Council may also, by agreement, entrust the mission defined in the second paragraph to another territorial community or to an organization, including one of those referred to in Article L. 262-14.
    "In all cases, he promptly informs the individual's individual of his decision. »

    Article 24


    Article L. 262-38 of the Code of Social Action and Families is thus written:
    "Art. L. 262-38. - The contract of insertion provided for in Article L. 262-37 is established in the light of the elements useful to the assessment of the occupational, social, financial and health situation of the individual and allegiances mentioned in the first paragraph of this article, and their habitat conditions. It includes, depending on the nature of the insertion path they are likely to consider or may be proposed to them, one or more of the following concrete actions:
    « 1° Social support benefits or benefits that enable beneficiaries to regain or develop their social autonomy;
    « 2° A guidance, if any, preceded by an assessment of the individual's abilities, to the public service of employment;
    « 3° Activities or internships designed to acquire or improve their professional skills or promote their integration into the workplace;
    « 4° Assisted employment, including a minimum integration-revenue contract of activity, or a measure of integration by economic activity;
    « 5° Assistance to the realization of a project to create or resume a non-earmarked activity.
    "The integration contract also includes, depending on the needs of the beneficiaries, provisions concerning:
    “(a) Actions allowing access to housing, rehousing or improving habitat;
    “(b) Actions to facilitate access to care, the health care envisaged cannot, as such, be the subject of the contract of insertion.
    "It is the subject of a regular assessment that eventually results in a re-adjustment of previously defined actions. »

    Rule 25


    Section 4 of Chapter II of Title VI of Book II of the Code of Social Action and Families is supplemented by an article L. 262-38-1 as follows:
    "Art. L. 262-38-1. - Conventions between the department and each of the agencies responsible for employment and vocational training set out the modalities for the implementation of the actions mentioned in 2°, 3° and, if applicable, 5° of Article L. 262-38 and determine the nature of the nominal information exchanged on the situation of the beneficiaries. »

    Rule 26


    Article L. 262-39 of the Code of Social Action and Families is thus amended:
    1° The second paragraph is deleted;
    2° It is supplemented by a sub-item:
    "Associations regularly formed for at least five years to work in the field of insertion and the fight against poverty and exclusion may make use of the remedies and appeals provided for in this article in favour of an applicant or beneficiary of the minimum income allowance for insertion, subject to the written agreement of the individual. »

    Rule 27


    The second paragraph of Article L. 262-43 of the Code of Social Action and Families is as follows:
    "The recovery is made under the conditions set out in section L. 132-11. »

    Rule 28


    In the fourth paragraph of Article L. 262-44 of the Code of Social Action and Families, the words: "after notice of the local commission of insertion" are replaced by the words: "if any after notice of the person mentioned in the second paragraph of Article L. 262-37".

    Rule 29


    After the 2° of Article L. 167-3 of the Social Security Code, it is inserted a 2° bis as follows:
    « 2° bis With respect to the minimum income of insertion, to the debiting community of the allowance. However, where the recipient receives a number of benefits that are the subject of guardianship, the charge is the responsibility of the community or agency responsible for the benefit, the amount of which is the highest; "

    Rule 30


    Article L. 263-1 of the Code of Social Action and Families is thus written:
    "Art. L. 263-1. - The President of the General Council leads the action of social and professional integration of the beneficiaries of the minimum income of insertion. To this end, it benefits from the competition of the State, other local authorities, employment and vocational training bodies and other legal entities of public or private law, including associations, working in the field of insertion and combating poverty and exclusion. »

    Rule 31


    The first paragraph of Article L. 263-2 of the Code of Social Action and Families is replaced by three paragraphs as follows:
    "A departmental council of integration, including representatives of the State, local authorities, employment and vocational training bodies and other persons of public or private law, including associations, working in the field of integration and the fight against exclusion, is placed with the President of the General Council.
    "The departmental integration council issues an opinion on the departmental integration programme. He is informed of his execution.
    "The President of the General Council chairs the departmental board of insertion and stops the list of its members. The members mentioned in the first paragraph are designated by the legal persons they represent. »

    Rule 32


    Article L. 263-3 of the Code of Social Action and Families is thus written:
    "Art. L. 263-3. - The departmental integration programme identifies the needs of the population and the local offer of insertion and plans the corresponding insertion actions.
    "It is adopted annually by the General Council, after advice from the Departmental Council to insert, before March 31 of the current year.
    "The President of the General Council implements the departmental integration program either directly or through agreement with public persons and organizations referred to in Article L. 263-1. »

    Rule 33


    Article L. 263-4 of the Code of Social Action and Families is thus written:
    "Art. L. 263-4. - The General Council reviews and approves local integration programs. It affects, where appropriate, means for their implementation.
    "The department may delegate to a municipality or public institution of competent intercommunal cooperation the implementation of all or part of a local integration program. A convention between the parties sets out the modalities of this delegation and the monitoring of its execution, in particular when local authorities or, by delegation, public inter-communal cooperation institutions exercise competence in the field of integration, return to employment and local development in partnership with the State and other local authorities, regional council and general council, through local plans of integration and employment and employment houses. »

    Rule 34


    I. - Articles L. 263-6 to L. 263-9 of the Social Action and Families Code are repealed.
    II. - Article L. 263-5 of the same code is as follows:
    "Art. L. 263-5. - For a period of one year from the date of entry into force of Act No. 2003-1200 of 18 December 2003 on decentralization in respect of minimum income of insertion and creating a minimum income of activity, for the financing of the shares listed in the departmental integration programme and corresponding structural expenditures, the department is required to include, in an individualized chapter of its budget, a minimum credit of 17%
    "The appropriations in the department's budget for the year 2003 that have not been subject to a commitment to expenditures, as recorded in the administrative account, may be, in whole or in part, deferred to the appropriations of the year 2004. »

    Rule 35


    Article L. 263-10 of the Code of Social Action and Families is thus amended:
    I. - 3° and 4° are thus written:
    « 3° To propose to the President of the General Council for the development of the departmental integration programme;
    « 4° To propose to the General Council a local integration program; "
    II. - The 6th is written:
    « 6° To propose measures to promote or strengthen insertion; "
    III. - After the 6°, it is inserted a 7° as follows:
    « 7° To advise on the suspensions of the payment of the proposed allowance under sections L. 262-19, L. 262-21 and L. 262-23. »
    IV. - In the first sentence of the ninth paragraph, the words "jointly" and: "the representative of the State in the department and" are deleted.

    Rule 36


    Article L. 263-11 of the Code of Social Action and Families is thus written:
    "Art. L. 263-11. - The local integration commission includes representatives of the State, municipalities and competent public institutions of intercommunal cooperation within the purview of the commission, the agencies responsible for employment and vocational training and persons of public or private law working in the field of integration and the fight against poverty and exclusion.
    "The President of the General Council shall determine the list of members of the Commission, as appropriate designated by the community or legal person they represent, and shall designate the Chair. »

    Rule 37


    Section L. 263-12 of the Code of Social Action and Families is repealed.

    Rule 38


    Article L. 263-13 of the Code of Social Action and Families is thus amended:
    1° The first paragraph is as follows:
    "The local commission of insertion can be an office within it. » ;
    2° The third paragraph reads as follows:
    "The office may, by delegation of the commission, issue the notice referred to in articles L. 262-19, L. 262-21 and L. 262-23. »

    Rule 39


    Article L. 263-14 of the Code of Social Action and Families is thus written:
    "Art. L. 263-14. - The local integration program defines the directions and provides for insertion actions. It identifies the corresponding means. It is transmitted by the local commission of insertion to the general council which verifies its compliance with the departmental integration program. »

    Rule 40


    Chapter II of Book V, title II of the Code of Social Action and Families is thus amended:
    I. - Article L. 522-1 is amended as follows:
    1° The second paragraph is deleted;
    2° It is supplemented by a sub-item:
    "The competences relating to individual decisions concerning the minimum income allocation of insertion in the department by chapter II of title VI of Book II are exercised, in overseas departments, by the departmental agency of insertion. »
    II. - Article L. 522-2 is amended as follows:
    1° The first paragraph is supplemented by a sentence as follows:
    "He is the director of the agency's revenues and expenses. » ;
    2° The second, third and fourth subparagraphs are deleted.
    III. - Article L. 522-3 is as follows:
    "Art. L. 522-3. - The Board of Directors includes:
    « 1° Representatives of state services in the department;
    « 2° Representatives of the department;
    « 3° Representatives of the region and municipalities or public institutions for intercommunal cooperation;
    « 4° Qualified personalities chosen within associations or institutions involved in social and professional integration.
    "The representatives of the department constitute the majority of the members.
    "The Board of Directors also includes a staff representative with an advisory voice.
    "The President of the General Council shall determine the list of members of the Board of Directors, as appropriate, designated by the community or legal person they represent. »
    IV. - Article L. 522-5 is amended as follows:
    1° In the first paragraph, the words: "by order of Ministers for Social Affairs and Overseas on the proposal of the President of the General Council" are replaced by the words: "by order of the President of the General Council";
    2° The fourth sentence of the second paragraph is deleted.
    V. - The second paragraph of Article L. 522-6 is as follows:
    "The orientation committee is composed of representatives of union organizations representing employers and employees, appointed by the President of the General Council on the proposal of these organizations and representatives of institutions, organizations or associations involved in the economic, social or vocational training field. »
    VI. - The first four paragraphs of Article L. 522-9 are replaced by two paragraphs, as follows:
    "The agency receives the Department's contribution to the financing of the insertion actions referred to in Article L. 522-15.
    "For a period of one year from the date of entry into force of Act No. 2003-1200 of 18 December 2003, decentralizing the minimum income of insertion and creating a minimum income of activity, a volume of credits not less than 16.25 per cent of the amounts paid in the previous fiscal year under the minimum income allowance of insertion must be devoted to the inclusion of beneficiaries »
    VII. - Section L. 522-11 is amended as follows:
    1° In the first paragraph, the words: "the representative of the State" are replaced by the words: "the president of the General Council";
    2° In the second paragraph, the words "on behalf of the State" are replaced by the words "on behalf of the department".
    VIII. - Section L. 522-12 is repealed.
    IX. - Article L. 522-13 is amended as follows:
    1° In the first paragraph, the words: "By derogation from articles L. 262-19 to L. 262-21" are replaced by the words: "By derogation from articles L. 262-19 and L. 262-21";
    2° In the first, antepenultième et avant-dernier paragraphs, the words: "the representative of the State" are replaced by the words: "the agency of insertion".
    X. - Article L. 522-15 is as follows:
    "Art. L. 522-15. - An agreement between the department and the insertion agency determines the amount and terms of payment of the contribution of the agency to the budget of the agency. This contribution is determined on the basis of the actions listed in the departmental integration program and corresponding structural expenditures. »
    XI. - The second part of section L. 522-17 is repealed.

    Rule 41


    The code of social action and families is thus modified:
    1° The second sentence of Article L. 531-2 is deleted;
    2° After Article L. 531-5, an article L. 531-5-1 is inserted as follows:
    "Art. L. 531-5-1. - In Saint-Pierre-et-Miquelon, a territorial integration commission substitutes for the departmental board of insertion referred to in article L. 263-2 and the local commission of insertion provided for in article L. 263-10, and is entrusted with the missions that are assigned to them.
    "The Territorial Integration Commission develops and adopts a territorial integration program. This program identifies the needs and local offer of insertion and plans the corresponding insertion actions.
    "The territorial integration commission includes representatives of the state services, representatives of the community, representatives of the municipalities and representatives of institutions, companies, organizations or associations involved in the economic, social and vocational training fields. The President of the General Council shall preside over the territorial integration commission and shall determine the list of its members, as appropriate, designated by the community or legal entity they represent.
    "The territorial integration commission designates within it a technical committee to which it may delegate the exercise of its duties, including the examination of the contracts of insertion.
    "The missions to the family allowance funds through chapters II and III of Book II title VI are entrusted to the social insurance fund. »

    Rule 42


    State agents whose functions correspond to the exercise of the minimum income of insertion, transferred to the department by this title, are made available to the department, from the date of entry into force of this Act, and placed for the exercise of these powers under the authority of the President of the General Council.
    The number of officers involved is determined by the representative of the State in the department after the advice of the President of the General Council, by reference to the jobs provided as at 31 December 2003, provided that the number of officers is not less than that of 31 December 2002.

  • TITRE II : CRÉATION DU REVENU MINIMUM D'ACTIVITÉ Rule 43


    After article L. 322-4-14 of the Labour Code, ten articles L. 322-4-15 to L. 322-4-15-9 are inserted as follows:
    "Art. L. 322-4-15. - It is instituted a labour contract called "minimum integration-revenue of activity intended to facilitate the social and professional integration of the beneficiaries of the minimum income allowance of insertion meeting particular difficulties of access to employment. This contract is part of the integration path referred to in Article L. 262-38 of the Code of Social Action and Families.
    "Art. L. 322-4-15-1. - The conclusion of each contract established in Article L. 322-4-15 is subject to the signing of a convention between the department and one of the following employers:
    « 1° Territorial authorities and their administrative public institutions, other public legal entities, with the exception of industrial and commercial public institutions, private legal entities responsible for the management of a public service, private non-profit organizations.
    "The agreements with these employers are concluded as part of the development of activities that meet unmet collective needs.
    "Minimum income-incorporation contracts cannot be concluded by the departments of the state, department and, in overseas departments, insertion agencies;
    « 2° Employers other than those designated at 1°, including public and private industrial and commercial establishments and their outbuildings, industrial and commercial public institutions, public or ministerial offices, liberal professions. Individual employers may not enter into agreements under this article.
    "A convention can only be concluded by an employer if the following conditions are met:
    “(a) The employer did not make a termination for economic reasons within six months of the date of effect of the contract insertion-revenue minimum of activity;
    “(b) The employment does not result from the termination of an employee under an indefinite contract. If it appears that the hiring resulted in such termination, the agreement referred to in the first paragraph may be denounced by the department. The denunciation shall require the employer to repay the assistance referred to in the third paragraph of Article L. 322-4-15-6 and the exemption referred to in Article L. 322-4-15-7;
    "(c) The employer is up to date with the payment of its social contributions and contributions.
    "Art. L. 322-4-15-2. - The agreement referred to in the first paragraph of Article L. 322-4-15-1 determines the conditions for the implementation of the employee's job placement project as part of his or her integration path.
    "It provides actions and sets goals for career guidance, tutoring, individualized monitoring, support in employment, professional training and validation of the acquired experience and specifies the conditions for their implementation by the employer.
    "The contents of the convention and its duration, which cannot exceed 18 months, are determined by decree.
    "Art. L. 322-4-15-3. - The minimum income-incorporation contract is reserved for persons who meet the conditions to enter into a contract of insertion defined in article L. 262-37 of the code of social action and families.
    "The conditions for the duration of opening the rights to the payment of the minimum income allowance of insertion required to benefit from a minimum income contract of activity are determined by decree.
    "Art. L. 322-4-15-4. - The minimum income-incorporation contract is a fixed-term and part-time employment contract entered into under articles L. 122-2 and L. 212-4-2. It may take the form of a temporary employment contract with an employer referred to in section L. 124-1. It must be concluded in written form. It sets out the modalities for the implementation of the actions defined in the agreement provided for in Article L. 322-4-15-1.
    "The minimum income-incorporation contract may be renewed, if any, twice by derogation from the provisions of Article L. 122-2, subject to the renewal by the department of the agreement by way of becoming.
    "The agreement is renewed following an assessment of the terms and conditions for the actions it provides.
    "The department's decision is notified to the employer and the employee.
    "The duration of the contract insertion-revenue minimum of activity and the conditions of its suspension and renewal are fixed by decree. This period may not exceed eighteen months, including renewal.
    "The minimum weekly working time of recipients of integration contracts and minimum income of activity is twenty hours.
    "Subject to conventional clauses providing for a lesser trial period, the trial period under the contract insertion-revenue minimum activity lasts one month.
    "Art. L. 322-4-15-5. - By derogation from the provisions of the second paragraph of Article L. 122-3-8, the minimum income-incorporation contract may be terminated before the end of the contract, at the initiative of the employee, when the employee justifies an indeterminate employment or for a specified period not less than six months, or the follow-up of a training leading to a qualification referred to in the first four paragraphs of Article L. 900-3.
    "At the request of the employee, the contract insertion-revenue minimum of activity may be suspended to allow him to perform the trial period for an offer of employment. In the event of hiring after this trial period, the contract is broken without notice.
    "The minimum income-incorporation contract can only be combined with another paid work activity if the agreement referred to in Article L. 322-4-15-1 provides and after a period of four months from the date of effect of the initial contract. If not, the cumulative period may result in the termination of the agreement by the President of the General Council. In the event of termination, the contract may be terminated before the end of the contract, without damages as provided for in section L. 122-3-8.
    "The beneficiaries of the contract insertion-revenue minimum of activity can benefit from the contract of support to the project, in accordance with the provisions set out in articles L. 127-1 to L. 127-7 of the code of trade under conditions provided by decree.
    "Art. L. 322-4-15-6. - I. - The beneficiary of the minimum income integration contract receives a minimum income of activity whose amount is at least equal to the product of the minimum wage of growth by the number of hours worked.
    "The minimum activity income is paid by the employer.
    "The person shall receive from the department an assistance equal to that of the minimum income allowance of guaranteed insertion to an isolated person pursuant to Article L. 262-2 of the Code of Social Action and of Families, lessened by the lump sum within which the personal housing assistance is taken into account for the calculation of that allowance under Article L. 262-10 of the same Code.
    "The department may, by agreement, entrust the department's assistance to the employer to the organization of its choice, including one of the organizations referred to in section L. 262-30 of the same code.
    “II. - The beneficiary of the minimum income-incorporation contract shall be guaranteed, under conditions fixed by decree, the maintenance of the minimum income of activity by the employer, from the first day of arrest and for a period limited to the duration of the contract, if:
    « 1° Physical incapacity, medically recognized, to continue or resume work, allowing the daily allowance provided for in Article L. 321-1 of the Social Security Code;
    « 2° Occupational injury or illness that is entitled to the daily allowance provided for in Article L. 433-1 of the same code;
    « 3° Legal leave of maternity, paternity or adoption provided for in Articles L. 122-25 et seq. of this Code and entitled to the daily allowance provided for in Articles L. 331-3 et seq. of the Social Security Code.
    "In the event of a suspension of the contract insertion-revenue minimum of activity for medically recognized physical incapacity, maternity, paternity or adoption, the beneficiary continues to receive from the employer the portion of the minimum income of activity corresponding to the assistance it receives from the department, even if it does not open the daily allowances referred to in 1°, 2° and 3°.
    "III. - The procedure for determining the amount of the minimum income of activity and the department's assistance to the employer and their payment, especially in the event of a suspension of the employment contract, shall be fixed by decree in the Council of State.
    "Art. L. 322-4-15-7. - For the purposes of Article L. 242-1 of the Social Security Code and Article L. 741-10 of the Rural Code, is considered as remuneration the amount of the minimum income of activity diminished of the amount of the assistance of the department provided for in Article L. 322-4-15-6.
    "Employers referred to in 1° of Article L. 322-4-15-1 are exempt from the payment of social insurance contributions, occupational accidents and occupational diseases and family allowances, within the limits of an amount equal to the product of the minimum wage of growth by the number of hours worked. This exemption results in the application of Article L. 131-7 of the Social Security Code.
    "Art. L. 322-4-15-8. - The department carries out, with the participation of the State, the territorial authorities and employers mentioned in Article L. 322-4-15-1, actions designed to facilitate the return to employment of the beneficiaries of the contract insertion-revenue minimum activity.
    "For the purposes of the provisions of Article L. 322-4-15-2, the State and the department conclude, within the framework of their respective competences, a convention. It determines the modalities of the participation of the State services in the implementation, financing, monitoring and evaluation of the system of employment integration of the beneficiaries of the minimum income contract of activity.
    "The department can also conclude with the National Employment Agency a convention for the implementation of the minimum income-incorporation contracts.
    "The terms and conditions of application of this Article shall be determined by decree.
    "Art. L. 322-4-15-9. - The department may, under conditions established by decree, cover all or part of the cost of hiring carried out under the conventions provided for in Article L. 322-4-15-1. It may also cover all or part of the costs incurred for the purpose of providing training to interested persons, for the duration of their working time, other than the actions referred to in the first paragraph of Article L. 932-2.
    " Subject to the provisions set out in articles L. 322-4-15-7 and L. 322-4-15-8, the department's assistance cannot be combined, for the same workstation, with State employment assistance. »

    Rule 44


    The working code is thus modified:
    I. - In the second paragraph of Article L. 322-4-2, the words: "in accordance with Articles L. 322-4-7, L. 322-4-8-1 or L. 322-4-16" are replaced by the words: "in accordance with Articles L. 322-4-7, L. 322-4-8-1, L. 322-4-15 or L. 322-4-16".
    II. - Article L. 322-4-14, after the words: "and the jobs referred to in Article L. 322-4-8-1", are inserted the words: ", as well as contracts established in Article L. 322-4-15."
    III. - The last sentence of the fourth paragraph of Article L. 422-1 is supplemented by the words: ", as well as contracts established in Article L. 322-4-15".
    IV. - The first sentence of the first paragraph of Article L. 432-4-1-1 is supplemented by the words: "and to minimum integration-revenue contracts of activity".
    V. - Before the last paragraph of Article L. 832-4, a sub-item is inserted as follows:
    "The president of the board of directors of the insertion agency provides annually to the fund's steering committee a report on the activity of the institution and the use of the credits allocated to it by the fund the previous year. »

    Rule 45


    The code of social action and families is thus modified:
    I. Section 1 of Chapter II of Title VI of Book II is supplemented by an article L. 262-6-1, as follows:
    "Art. L. 262-6-1. - For the duration of the contract insertion-revenue minimum of activity entered pursuant to articles L. 322-4-15 and L. 322-4-15-1 of the Labour Code, each of the household members, including the allotted, and each dependant retains the rights guaranteed to the recipient of the minimum income of insertion. »
    II. - Section 2 of chapter II of title VI of Book II is supplemented by an article L. 262-12-1 as follows:
    "Art. L. 262-12-1. - For the duration of the contract insertion-revenue minimum of activity entered under sections L. 322-4-15 and L. 322-4-15-1 of the labour code, the beneficiary of this contract continues to benefit from the minimum income allowance of insertion. Its amount is then equal to that resulting from the application of the provisions of this section, reduced the amount of assistance to the employer defined in section L. 322-4-15-6 of the same code.
    "In the event of a breach of this contract for a reason other than that referred to in Article L. 322-4-15-5 of the Labour Code or where the contract is not renewed and the beneficiary does not have a paid professional activity, the employer continues to receive the minimum income allowance of insertion up to the amount of the department's assistance paid to the employer up to its review on the basis of the provisions.
    "The agencies responsible for the service of the minimum income allowance of insertion are receiving information relating to the minimum income contract of activity, under conditions fixed by decree. »

    Rule 46


    Chapter II of Book V, title II of the Code of Social Action and Families is supplemented by an article L. 522-18, as follows:
    "Art. L. 522-18. - For the purposes of articles L. 322-4-15-1, L. 322-4-15-4, L. 322-4-15-5, L. 322-4-15-6, L. 322-4-15-8 and L. 322-4-15-9 of the Labour Code, the department's responsibilities are exercised in overseas departments by the insertion agency.
    "The insertion agency receives from the department the credits necessary for the implementation of these powers, according to a convention that determines their amount and the terms and conditions of their payment to the institution. »

    Rule 47


    I. - After the 33° of Article 81 of the General Tax Code, it is inserted a 34° as follows:
    « 34° Compensation paid to the beneficiaries of a minimum income-incorporation contract established in Article L. 322-4-15 of the Labour Code. »
    II. - The exemption provided for in I is applicable to the territorial community of Saint-Pierre-et-Miquelon.

  • PART III: STATISTICAL SUIVI, ASSESSMENT AND CONTROL Rule 48


    I. - Section 6 of Chapter II of Title VI of Book II of the Code of Social Action and Families becomes Section 7 and its Article L. 262-48 becomes Article L. 262-55.
    II. - It is re-established, after section 5 of chapter II of title VI of Book II of the same code, a section 6 entitled "Statistical monitoring, evaluation and control" and comprising seven articles L. 262-48 to L. 262-54 as follows:
    "Art. L. 262-48. - The President of the General Council shall transmit to the representative of the State in the department, under conditions fixed by regulation, any information relating to the insertion system related to the minimum income allocation of insertion and the minimum income contract of activity governed by articles L. 322-4-15 and following of the Labour Code.
    “This information includes:
    " - the accounting data for the benefit credits;
    " - aggregate data on the characteristics of beneficiaries and the benefits provided;
    " - information on the management of these services in the department and on the activity of the organizations involved in it.
    "Art. L. 262-49. - The National Family Allowance Fund and the Central Agricultural Social Benefit Fund shall transmit to the Minister for Social Action, under conditions set by regulation, any information relating to the expenditures related to the minimum income allocation of insertion and the execution of the insertion contracts.
    “This information includes:
    " - accounting data on expenditures;
    " - aggregated data relating to the characteristics of applicants, persons entering or leaving the device, allocataries and eligible persons.
    "Family allowance funds and agricultural social mutuality funds transmit to the departments, under conditions set by regulation, any information necessary to update departmental social files.
    "Art. L. 262-50. - Organizations associated with the management of the minimum income of activity shall transmit to the Minister for Social Action, under conditions set by regulation, any information relating to the amount of the minimum income of activity and the execution of the minimum income of activity contracts.
    “This information includes:
    " - accounting data on expenditures;
    " - aggregate data on the characteristics of applicants, persons entering or leaving the device and beneficiaries.
    "Art. L. 262-51. - The departments, the National Fund for Family Allowances, the Central Fund for Agricultural Social Mutuality and other organizations associated with the management of the minimum income of insertion or of the minimum income of activity shall transmit to the competent authority of the State, under conditions fixed by regulation, the information relating to the physical persons intended, in accordance with the provisions of Article 7 bis of Law No. 51-711 of 7 June 1951 on the obligation,
    "Art. L. 262-52. - For the purposes of sections L. 262-49 and L. 262-50, the National Family Allowance Fund and the Central Agricultural Social Mutual Fund consolidate the data provided by the paying agencies referred to in section L. 262-30.
    "Art. L. 262-53. - The Minister for Social Action shall transmit to the departments the results of the exploitation of the data collected pursuant to the provisions of sections L. 262-48 to L. 262-51 and shall ensure the regular publication of the data.
    "Art. L. 262-54. - The general inspection of social affairs is competent to control the application of the provisions of this Code and the Labour Code relating to the minimum income of insertion and the minimum income of activity. »
    III. - The last paragraph of Article L. 262-33 of the same code is deleted.

    Rule 49


    Persons whose rights to the specific solidarity allowance referred to in Article L. 351-10 of the Labour Code expire upon expiration shall, as a matter of priority, be granted employment-solidarity contract or an initiative-employment contract when they do not meet the conditions for the opening of rights to the payment of the minimum income of insertion.

    Rule 50


    Before 1 July 2006, an evaluation report on the application of this Act is sent by the Government to Parliament.
    This report will include an assessment of the social and professional integration of the beneficiaries of the minimum income of insertion. It will be based on the analysis:
    - the evolution of the rate of contractualisation;
    - shares in the contracts of insertion;
    - the situation of beneficiaries following these contracts.
    It also presents a balance sheet of the minimum income of activity.
    It will also report on the functioning of the local integration system, including the implementation and funding of departmental integration programs.
    In addition, a report is sent to Parliament each year before October 1, presenting the following elements for each department in the last fiscal year:
    - accounting data on credits for minimum income benefits of insertion and minimum income of activity, including possible exceptional premiums;
    - accounting data relating to staff costs and aggregate data relating to full-time equivalents, for staff assigned to the management of the minimum income of insertion or the minimum income of activity by the General Councils, family allowance funds, agricultural social mutuality funds and other organizations associated with this management;
    - aggregate data on the number of beneficiaries of the minimum income of insertion and the minimum income of activity, the number of persons entering or leaving these devices, as well as the characteristics of the applicants.

    Rule 51


    I. - Article L. 522-14 of the Code of Social Action and Families is amended as follows:
    1° At the beginning of the first paragraph, the words: "By agreement between the State and the General Council is put in place as of January 1, 2001 a solidarity income in favour of them" are replaced by the words: "In overseas departments and in Saint-Pierre-et-Miquelon, a solidarity income is paid to";
    2° After the words: "insured by", the end of the penultimate paragraph is thus written: "the department. » ;
    3° Before the last preambular paragraph, a subparagraph shall read:
    "The General Council may modify, depending on the evolution of the labour market in the department or the territorial community, the terms and conditions of access to the allowance relating to the age of the beneficiary and the period of collection of the minimum income of insertion, subject to the provisions set out in the first paragraph. »
    II. - The provisions of I come into force on 1 January 2004.

    Rule 52


    The provisions of this Act shall apply effective January 1, 2004, subject to the entry into force on that date of the provisions of the Financial Act referred to in section 4.
    Subject to the same reservation, pending the publication of the necessary regulatory provisions for the application of the provisions of Title I of this Act, the President of the General Council, or, in the overseas departments, the insertion agency, shall exercise, as of 1 January 2004, on behalf of the department, or, in Saint-Pierre-et-Miquelon, of the territorial community, the powers exercised before that date by the
    The minimum income allowances for insertion and solidarity income in overseas departments paid to the end of January 2004 by the paying agencies referred to in Article L. 262-30 of the Code of Social Action and Families are paid on behalf of the departments.
    As of 1 January 2004, the department is substituted for the State in all its rights and obligations in respect of minimum income of insertion and income of solidarity in overseas departments.
    Claims held by a family allowance fund or an agricultural social mutuality fund against a recipient of the minimum income for insertion that elected domicile in another department are transferred as principal, fees and accessories to the host department.
    This law will be enforced as a law of the State.


Done in Paris, 18 December 2003.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Jean-Pierre Raffarin

The Minister of the Interior,

of Internal Security

and local freedoms,

Nicolas Sarkozy

Minister of Social Affairs,

and solidarity,

François Fillon

Minister of Economy,

finance and industry,

Francis Mer

Minister of Health, Family

and persons with disabilities,

Jean-François Mattei

Minister of Agriculture, Food,

and Rural Affairs,

Hervé Gaymard

The overseas minister,

Brigitte Girardin


Act No. 2003-1200.
- Preparatory work:
Senate:
Bill No. 282 (2002-2003);
Report of Mr. Bernard Seillier, on behalf of the Social Affairs Committee, No. 304 (2002-2003);
Opinion of Mr. Michel Mercier, on behalf of the Finance Committee, No. 305 (2002-2003);
Discussion on 26 and 27 May 2003 and adoption on 27 May 2003.
National Assembly:
Bill, passed by the Senate, No. 884;
Report of Ms. Christine Boutin, on behalf of the Cultural Affairs Committee, No. 1216;
Opinion of Ms. Marie-Anne Montchamp, on behalf of the Finance Committee, No. 1211;
Discussion from 19 to 21 November 2003 and adoption on 25 November 2003.
Senate:
Bill, amended by the National Assembly, No. 85 (2003-2004);
Report of Mr. Bernard Seillier, on behalf of the Social Affairs Committee, No. 96 (2003-2004);
Discussion and adoption on 10 December 2003.
- Constitutional Council:
Decision No. 2003-487 DC of 18 December 2003 published in the Official Gazette of this day.


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