Key Benefits:
EXTRAIT DU REGISTER DES DÉLIBÉRATIONS
OF THE PERMANENT COMMISSION OF THE SECURITY COUNCIL
Session of January 28, 2008.
Case No. 16
Purpose of the case
Fight against exclusion. Arrangement of contracts assisted for RMI beneficiaries: implementation of experimentation by the General Council of the Study
See?Article 72 of the Constitution ;
Seen them articles L. 3211-1 et seq. of the general code of territorial authorities ;
Considering the code of social action and families;
Vu la Act No. 2006-1666 (art. 142) of 21 December 2006 for 2007;
Vu la Act No. 2007-1223 of 21 August 2007 in favour of work, employment and purchasing power, and in particular Article 23 thereof, opening the possibility for voluntary departments to experiment for a period of three years certain provisions for the development of assisted contracts (future contracts and CI-RMA);
Vu le Decree No. 2007-1879 of 26 December 2007 supplementing Decree No. 2007-1392 of 28 September 2007 on the list of territorial authorities authorized to participate in the experiments provided for in Article 142 of Act No. 2006-1666 of 21 December 2006 of finance for 2007 and articles 18 to 21 of Act No. 2007-1223 of 21 August 2007 in favour of labour, employment and purchasing power, and authorizing the Department of the Study to participate in the experiments on contracts
Considering the departmental pattern of social action and integration of the department of Aude;
In view of the deliberation of the permanent commission of the General Council of 22 October 2007 to nominate the Department for this experiment;
Having regard to report No. 16 submitted to the Standing Committee on 28 January 2008 specifying the modalities for the implementation of the experiment on contracts assisted by the General Council of the following Study,
1. Subject
In particular, the General Council sets out as a priority in the departmental framework of social action and integration, voted in November 2006, the development of professional integration for RMI beneficiaries:
― by strengthening the functions of reception, guidance and support and allowing the realization of a professional diagnostic assessment, prior to the definition of an insertion path;
― by strengthening and diversifying the offer of insertion according to the profile of the public more or less close to employment.
Implementation of this objective:
― training work placement actions and, more specifically, integration projects under the integration system by economic activity, or jobs assisted in the non-market sector;
– actions to facilitate direct access to sustainable employment, including actions to support the emergence and implementation of a professional integration approach.
A comprehensive prospecting of potential future employment, by industry and territory is also planned.
To implement these guidelines, the General Council relies, among other things, on the development of assisted contracts – Future Agreement and CI-RMA.
By implementing the experiment on the development of assisted contracts, the General Council of the Study intends to reinforce the priority orientation of its departmental plan of social action and integration aimed at developing the professional integration of the beneficiaries of the IJ:
― by setting up real progressive integration paths to employment, allowing the acquisition of the personal and professional skills required for ordinary employment over a longer or less time;
― by consolidating the links between the integration structures by Economic Activity and the economic actors with high employment potential in the coming years, to promote the evaluation of the skills of the RMI beneficiaries and the return to employment;
― by strengthening an accompanying and training device adapted to the purpose of insertion and the stage of the course. These actions can be carried out during and outside the work time.
Experimentation must allow for a softening in the use of assisted jobs, with a concern of adapting to the diversity of situations of people away from employment. The characteristics of the assisted contracts can be changed so that they become better integration levers.
2. Expected results
The easing of the terms and conditions for the conclusion of future contracts and the CI-RMA and the possibilities for suspension of future contracts aims to make these contracts more effective tools in the insertion paths with, for expected result:
- the development of collaborations between integration structures through economic activity and employers in the market or non-market sector;
– the decrease in the number of contract breaks and the dropouts of posts;
― improving the rate of return to employment of RMI beneficiaries affected by experimentation;
― improving access to qualified or pre-qualifying training;
– the improvement of the report to work and the progress in the access to employment path for the acquisition of the know-how and know-how necessary to access the job.
3. Quantitative objectives
Pursuant to the second paragraph of the VArticle 142 of the above-mentioned Act of 21 December 2006 the department alone ensures the implementation of the future contracts concluded in the context of experimentation and only signs the delegation conventions mentioned in the fourth paragraph of theArticle L. 322-4-10 of the same code or individual agreements with the employer and the beneficiary.
As part of the experiment, 500 future contracts and 200 CI-RMA will be created by the General Council of the Study in 2008 for RMI beneficiaries. These quantitative objectives will be adjusted annually.
4. Target audience
The public subject to the experiment corresponds to the beneficiaries of the RMI, or their beneficiaries entitled to a future contract or to a minimum income contract of activity. These beneficiaries must reside in the department of the Study.
5. Entry into force and duration of experimentation
The duration of the experiment is three years from the date of publication of Decree No. 2007-1879 of 26 December 2007 authorizing the Aude Department to experiment.
In accordance withArticle LO 1113-3 of the General Code of Territorial Communities, this deliberation comes into force on the day of its publication in the Official Journal of the French Republic.
6. Territory
This experiment will take place throughout the territory of the department of Aude.
7. Planned exemptions
Starting with the implementation of the experiment to simplify access to CI-RMA and the future contract, the Department of Aude will derogate:
― sixth paragraph of Article L. 322-4-11 of the Labour Codewhich replaces the objective agreement with a financial and local implementation agreement signed between the State and the department;
- in the twelfth and thirteenth paragraphs of section L. 322-4-11 of the same code, setting the minimum duration, number of renewals and maximum duration of the individual agreement between the beneficiary of the future contract, the employer and the public community responsible for the implementation of this contract;
― first and second paragraph of Article L. 322-4-12 of the Labour Code, which defines the future contract as a fixed-term contract setting the minimum duration and the number of renewals of the future contract;
- in the first and third paragraphs of Article L. 322-4-12 of the same code, which provide assistance to the employer who has entered into a contract for the future and set out the terms and conditions of the contract;
- in the fifth paragraph of Article L. 322-4-12 of the same code, setting at twenty-six hours the working hours of persons hired under a future contract;
- in the second paragraph of Article L. 322-4-12 of the same code, which provides for additional grounds for suspension of future contracts;
- in the third paragraph of IArticle L. 322-4-15-6 the same code, which provides assistance to the employer who has entered into an IC-RMA and sets out the terms and conditions;
- in the third paragraphArticle L. 322-4-15-2 and in the fifth paragraphArticle L. 322-4-15-4 which provide for the maximum duration of the CIRMA agreement between the department and the employer.
8. Future contracts: criteria for derogation
In order to promote the return to sustainable employment and to provide better support to employers and beneficiaries, the General Council of the Aude proposes to define three types of future contracts (the future contract in the process of insertion; the future contract in diffuse sector; the future employment contract) according to the criteria defined below:
Weekly working period
In the integration projects, future contracts will have a working week of 26 hours.
Out of site insertion-sector diffus: the number of weekly hours can be modulated between 26 and 35 hours.
Out of job placement-filters: the modulation of the number of hours can be used (between 20 and 35 hours) for future contracts signed in the framework of an identified professional sector, subject to a framework agreement, when a job in contract for the future is created by duplicate of an existing job and constitutes a phase of learning, in a work situation, with pre-qualifying training
Nature of the work contract
In the integration process, future contracts are fixed-term contracts. Out of site insertion (filers or diffus), a future contract can also be signed in CDI.
Contract period and number of renewals
Future contracts will be signed for a period of 6 months in the integration projects and in the employment sectors.
They are signed for a period of 12 months in diffuse sector.
Future contracts are renewable within 24 months.
The renewal is conditioned:
- by the establishment of support measures adapted to the needs and capacities of the employee, aiming at the medium or short-term employment (diagnosis, training, support in the search for employment, internship in the company or any other action to lift the brakes to occupational insertion);
– by the employer's commitment to leave the employee with the material possibilities to engage in these steps and/or to participate in their financing and implementation.
Method of suspension of the contract
In addition to the proposed suspension arrangements outside of testing, the future contract may be suspended in order to allow the beneficiary to perform business internships or temporary work assignments where they have a minimum duration of two weeks.
This provision will also be used to allow the evaluation of the skills of employees in the workplace and the establishment of internship periods in the company.
Employer assistance
The department ensures the payment of all assistance to the employer for future contracts entered into as part of the experiment.
The amount of the employer's financial counterpart varies:
In the process of insertion:
Activation RMI + monthly average amount paid by the State + additional assistance:
= 440, 86 € * + 545, 39 € * + 60 €
= 1046, 25 €
Non-market sector:
1st convention = 984, 29 € * the first 6 months and 893, 71 € * the last 6 months.
Aid varies from renewal to function:
- the realization (from start-up or registration) in the first period of an external training adapted to the plan of professional integration of the employee and validated by the General Council;
― and/or the signature of a CDI.
In these cases, the department's assistance will be maintained in the amount of the last 6 months of the first convention (or 893, 71 €). Otherwise, this help will be 742, 96 * €.
Non-market sector selected employment lines:
When the goal of the future contract is to facilitate access to high-development employment lines, especially when the position is created in duplicate of an existing workstation, for its sustainability, the department's assistance will cover the entire cost of the position, for the first six months, the gross SMIC modulated according to the number of hours and placed at 26 weekly hours.
This financial incentive will be renewed once depending on the effectiveness of the employer's commitments, including training. The financial incentive may be renewed for 6 additional months to complete the training and/or subject to the recruitment of the person in the CDI.
Otherwise, aid will be degressive, as follows:
― 6th to 12th months: 893, 71 € *
from the 13th to the 24th month: 742, 76 € *
The objective of these measures is to encourage the recruitment of beneficiaries of the future contract in CDI, including the preparation of access to new jobs or the replacement of employees who can claim their retirement rights.
9. CI-RMA: criteria for derogation
In order to simplify the arrangements for which it is responsible, to promote the return to sustainable employment and to provide better support to employers and beneficiaries, the Board of the Study proposes to adapt the CI-RMA to the following criteria:
Weekly working period
The minimum working hours are 30 hours. However, on an exceptional basis and if the situation of the beneficiary justifies it (social, family or health-related), depending on the interest of the position or the training proposed and funded by the employer, the number of weekly hours of work can be reduced to 20 hours.
This derogation from the General Council may only take place on an exceptional basis and on a joint written request from the employer and the employee in a hurry.
Nature of the work contract
When an employer engages directly in the continuation of a CI-RMA position through the signing of a work contract in CDI, the General Council of the Study undertakes with him for a period of 12 months (or 6 months when the beneficiary is already partially qualified) of assistance.
When the contract is signed in CDD, the CI-RMA is signed for 6 months.
Contract renewal
When the contract is a CDI, the CI-RMA agreement may be renewed for an additional 6 months, on an exceptional basis, to allow the completion of an existing external training.
When the contract is a CSD, the CI-RMA may be renewed for 6 additional months, in particular to allow the completion of the training or the start of a complementary training to that initially planned and adapted to the position occupied and validated by the General Council.
The second renewal will be conditioned by the signing of a CDI.
Employer assistance
The department is responsible for all the assistance paid to the employer for the CI-RMA concluded as part of the experiment.
The amount of the financial consideration granted to the employer may vary depending on the number of hours worked within the legal period of work.
From 20 hours to 34 hours = activation RMI * (440, 86 €).
Legal period = activation of the RMI * + 12 % (440, 86 € + 52, 90 €) = 493, 76 €.
10. Additional actions planned
Contracts concluded in the context of experimentation require training and accompaniment actions to the benefit of their holders. Adapted depending on the duration of the contract, they can be carried out during and outside the working time. Several types of actions are planned:
Employee support actions:
― the accompanying actions towards the employees in the position to avoid abandonment, promote the proper integration of the employee on his or her job, support the employer in the implementation of his or her commitments (training the employee and/or sustainability of the position) and value the know-how and know-how to be acquired by the employee. This accompaniment proposes a mediation between the employee, the guardian and the employer to identify and lift the brakes to occupational insertion. It assists in the choice of possible complementary training and validation of the acquired;
– training actions and their articulation with working time.
Actions towards employers:
― the use of assisted contracts to facilitate access to highly developed employment lines and the establishment of differentiated derogatory measures in this framework, based on the employer's commitment;
― accompanying actions to prospect employers to develop the sustainable job offer;
― for employers of RMI beneficiaries in future contracts in diffuse sector, in associations: support to help the employer to sustain the position. This accompaniment allows to assess the prospects for the continuation of the workstation in the employer structure at the end of the contract and to assist the employer, if necessary, in the development of shares intended to ensure the solvabilisation of the workstation;
– for employers of RMI beneficiaries in CI-RMA or in a future contract, assistance in the editing of files will be offered to employers.
11. Evaluation
Experimentation will be assessed under the conditions mentioned in the X of section 142 of the Financial Act for 2007.
A departmental steering committee comprising the general council, the state services, the CAF and the MSA, representatives of the consular staff will be able to conduct this experiment.
The evaluation of the experiment may be conducted with the support of an external stakeholder.
As part of the experiment, the department sends an annual report to the Prefect on its implementation. This report contains the information necessary to evaluate the report, including:
- accounting data on 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 therein;
– the elements relating to the impact of these measures on the return to employment or on the progression of the insertion pathways.
The evaluation indicators to be used will allow to observe the impacts of experimentation on:
― the number of ruptures and shifts;
― the evolution of the situation of the beneficiaries following the assisted contract: number of people who have access to qualifying training, employment in CDI or CSD more than 6 months, full-time or at least two-thirds time;
– in the integration yards, the number of periods in companies (stages, interim...) and their surplus-value to facilitate access to employment after the contract helped.
To this end, a monitoring of experimentation can be organized by territory, with the support of local commissions of insertion.
12. Subsequent amendment
If necessary, the Standing Committee may amend this Regulation.
The Standing Committee,
Decides, in order to strengthen the actions aimed at developing the professional integration of RMI beneficiaries:
- to approve the implementation of the experiment in the manner defined above;
– authorize the President of the General Council to sign all documents related to the implementation of this experiment.
