Key Benefits:
The National Assembly and the Senate adopted,
The President of the Republic enacts the following legislation:
I. ― It is established an active solidarity income that is intended to provide its beneficiaries with adequate means of existence, in order to combat poverty, encourage the exercise or return to work and assist in the social integration of the beneficiaries. Active solidarity income replaces the minimum income of insertion, the single parent allowance and the various mechanisms of interest in the resumption of activity. Under the responsibility of the State and the departments, its success will require the coordination and involvement of actors in the field of integration, companies and social partners.
II. ― Chapter V of Book I of the Code of Social Action and Families is thus amended:
1° Article L. 115-1 is repealed;
2° Article L. 115-2 becomes Article L. 115-1, as amended:
(a) In the first paragraph, after the word "against", the words "poverty and" are inserted;
(b) At the end of the third paragraph, the words "exclusions" are replaced by the words "poverty and exclusions";
3° Article L. 115-2 is reinstated as follows:
"Art.L. 115-2.-The social and professional integration of persons in difficulty contributes to the realization of the national imperative to combat poverty and exclusions.
"The active solidarity income, implemented under the conditions set out in chapter II of Book II title VI, supplements the income of work or supplements it for households whose members draw only limited resources from their work and the rights they have acquired by working or are deprived of employment.
"It guarantees everyone, whether or not they are able to work, to have a minimum income, and to see their resources increase when their income from their work increases. The beneficiary of the active solidarity income is entitled to social and professional support to facilitate its sustainable integration into employment.
"The implementation of active solidarity income is the responsibility of the State and the departments. Other territorial authorities, the institution referred to in theArticle L. 5312-1 of the Labour Code, employment houses or, in the absence of this, the legal persons responsible for the multi-year local plans for insertion and employment, public institutions, social security organizations and employers contribute their assistance.
"In this context, integration policies are the responsibility of departments.
"The definition, conduct and evaluation of policies referred to in this section shall be carried out in a manner that ensures effective participation of interested persons. » ;
4° After the article L. 115-4, an article L. 115-4-1 is inserted as follows:
"Art.L. 115-4-1.-The Government defines, by five-year period, after consultation with legal persons mentioned in the fourth paragraph of Article L. 115-2, a quantified goal of poverty reduction, measured under conditions defined by decree in the Council of State. It transmits to Parliament, annually, a report on the conditions for achieving this objective, as well as on the measures and financial means implemented to meet this objective. »
Before 1 June 2009, the Government transmits to Parliament a report on the experiences of active solidarity income conducted by the authorized departments.
Chapter II of title VI of Book II of the Code of Social Action and Families is thus written:
“Chapter II
"Revenue of active solidarity
“Section 1
“General provisions
"Art.L. 262-1.-The purpose of active solidarity income is to provide the beneficiaries with adequate means of existence, to encourage the exercise of a professional activity and to combat the poverty of certain workers, whether they are employed or not employed.
“Section 2
" Active Solidarity Income Benefit
"Subsection 1
"Right conditions
"Art.L. 262-2.-Any person residing in France in a stable and effective manner, whose home has resources less than guaranteed income, is entitled to active solidarity income under the conditions set out in this chapter.
“The guaranteed income is calculated for each home, by making the sum:
« 1° a fraction of the professional income of the household members;
« 2° A lump sum, whose level varies according to the composition of the home and the number of dependent children.
"Active solidarity income is an allocation that brings home resources to guaranteed income. It is supplemented, if any, by the personalized return to employment assistance referred to in Article L. 5133-8 of the Labour Code.
"Art.L. 262-3.-The fraction of the professional income of the household members and the lump sum mentioned in the 2nd of Article L. 262-2 shall be fixed by decree. The amount is revised once a year depending on the evolution of prices to be consumed without tobacco.
"All the resources of the household, including those mentioned in Article L. 132-1, are taken into account in calculating the income of active solidarity, under conditions established by a decree in the Council of State which determines, inter alia:
« 1° Resources that are professional or take place;
« 2° Methods for assessing resources, including benefits in kind. The in-kind benefit associated with the provision of free-of-charge housing is determined in a lump-sum manner;
« 3° Benefits and social assistance that are assessed on a lump-sum basis, including those for housing referred to in articles L. 542-1 and L. 831-1 of the Social Security Code and to theArticle L. 351-1 of the Construction and Housing Code ;
« 4° Social benefits and aids that are not included in the calculation of resources due to their particular social purpose;
« 5° The length of time during which resources from professional activities or training courses collected following the resumption of activity are not taken into account.
"Art.L. 262-4.-The benefit of active solidarity income is subject to the following conditions:
« 1° Being over twenty-five years old or assuming the responsibility of one or more children born or born;
« 2° Be French or holder, for at least five years, of a residence permit to work. This condition is not applicable:
“(a) Refugees, beneficiaries of subsidiary protection, stateless persons and aliens who have the resident card or residence permit provided for in international treaties and agreements and confer equivalent rights;
“(b) To persons entitled to the increase provided for in Article L. 262-9, who must meet the conditions of regularity of the stay mentioned in theArticle L. 512-2 of the Social Security Code ;
« 3° Not to be a student, student or trainee within the meaning ofArticle 9 of Act No. 2006-396 of 31 March 2006 for equal opportunities. This condition is not applicable to persons entitled to the increase referred to in theArticle L. 262-9 of this Code ;
« 4° Do not be on parental, sabbatical, without pay or on availability. This condition is not applicable to persons entitled to the increase referred to in Article L. 262-9.
"Art.L. 262-5.-To be taken into account in respect of the rights of the beneficiary, the spouse, concubine or partner bound by a civil pact of solidarity of the beneficiary must meet the conditions mentioned in 2° and 4° of Article L. 262-4.
"To be taken into account in respect of the rights of a foreign beneficiary not a national of a Member State of the European Union, another State Party to the Agreement on the European Economic Area or the Swiss Confederation, foreign children must fulfil the conditions referred to in Article L. 512-2 of the Social Security Code.
"Art.L. 262-6.-With the exception of the 2nd of Article L. 262-4, the national of a Member State of the European Union, another State Party to the agreement on the European Economic Area or the Swiss Confederation must meet the conditions required to enjoy a right of stay and have resided in France for the three months preceding the application.
"However, no condition of residence is opposable:
« 1° To the person engaged in a professional activity declared in accordance with the legislation in force;
« 2° To the person who has carried out such an activity in France and who, either is temporarily incapacitated to work for medical reasons or is undergoing professional training within the meaning of Articles L. 6313-1 and L. 6314-1 of the Labour Code, is listed under section L. 5411-1 of the same code.
"The national of a Member State of the European Union, another State Party to the Agreement on the European Economic Area or the Swiss Confederation, who entered France to look for a job and who continues to do so, is not entitled to the income of active solidarity.
"The condition of residence referred to in the first paragraph is not applicable to ascendants, descendants or spouses of a person referred to in 1° or 2°.
"Art.L. 262-7.-To benefit from the active solidarity income, the worker under the plan referred to inArticle L. 611-1 of the Social Security Code must not use, under its professional activity, any employee and make a turnover not exceeding a level fixed by decree.
"To benefit from the active solidarity income, the worker under the plan referred to in theArticle L. 722-1 of the Rural Code must develop an operation for which the last known agricultural profit does not exceed an amount fixed by decree.
"A decree in the Council of State defines the rules for calculating the active solidarity income applicable to workers mentioned in this article, as well as to employees employed in the industries and establishments mentioned inArticle L. 3132-7 of the Labour Code or acting intermittently.
"Art.L. 262-8.-When the applicant's exceptional situation with regard to his social and professional integration justifies it, the President of the General Council may derogate, by an individual decision, from the application of the conditions set out in the first sentence of the 3rd sentence of Article L. 262-4 and Article L. 262-7.
"Art.L. 262-9.-The lump-sum amount referred to in 2° of Article L. 262-2 is increased for a specified period of time for:
« 1° An isolated person taking charge of one or more children;
« 2° An isolated woman in pregnancy, who made the pregnancy declaration and prenatal examinations.
"The duration of the increase period is extended until the last child reaches a limiting age.
"A widow, divorced, separated or single person is considered isolated, who does not live in a notorious and permanent relationship. When one of the members of the couple resides abroad, it is not considered isolated that resident in France.
"Art.L. 262-10.-The right to the share of active solidarity income corresponding to the difference between the lump-sum amount referred to in 2° of Article L. 262-2 applicable to the home and the resources of the home is subject to the condition that the home assert its rights to social, legislative, regulatory and conventional benefits, with the exception of the monthly allowances referred to in Article L. 222-3 and, with the exception of the persons recognized as first paragraph of Article L. 351-1 of the Social Security Code, old-age pension plans legally mandatory.
“In addition, it is subordinate to the condition that the home assert its rights:
« 1° Claims of food due to its obligations under sections 203, 212, 214, 255, 342 and 371-2 of the Civil Code and the compensatory benefit due under section 270 of the same Code;
« 2° The maintenance allowance granted by the court to the spouse who obtained the divorce, whose initial request was made before the entry into force of Act No. 75-617 of 11 July 1975 on divorce reform.
"Art.L. 262-11.-The bodies responsible for the instruction of applications and the active solidarity income service, referred to in sections L. 262-15 and L. 262-16, shall assist the applicant in the steps necessary for the fulfilment of the obligations referred to in Article L. 262-10.
"Once these steps have been taken, the agency responsible for the service shall serve as an active solidarity income to the recipient in advance and, within the limits of the amounts allocated, shall be subrogated, on behalf of the department, in the rights of the home to social organizations or its debtors.
"Art.L. 262-12.-The home may request an exemption from meeting the obligations referred to in the second to last paragraphs of Article L. 262-10. The President of the General Council shall rule on this request in the light of the situation of the defaulting debtor and after the applicant, assisted, if any, by the person of his or her choice, has been able to make his or her observations known. It may terminate the payment of active solidarity income or reduce it in an amount equal to that of food debt, when fixed, or to that of the family support allowance.
"Subsection 2
"Attribution and Service of Delivery
"Art.L. 262-13.-The active solidarity income is attributed by the President of the General Council of the department in which the applicant resides or, under the conditions set out in Chapter IV of Title VI of this book, elected domicile.
"The General Council may delegate the exercise of all or part of the powers of the President of the General Council in respect of individual decisions relating to the allocation to the agencies responsible for the active solidarity income service referred to in Article L. 262-16.
"Art.L. 262-14. -The demand for active solidarity income is filed, at the applicant's choice, with bodies designated by decree.
"Art.L. 262-15.-The administrative instruction of the application is made free of charge, under conditions determined by decree, by the departments of the department or the agency responsible for the service of active solidarity income. This instruction may also be carried out by the communal or inter-communal centre of social action of the applicant's place of residence when it has decided to exercise this jurisdiction or, by delegation of the President of the General Council under conditions defined by convention, associations or non-profit organizations.
"The decree mentioned in the first paragraph provides the terms and conditions under which the institution mentioned in theArticle L. 5312-1 of the Labour Code may contribute to this instruction.
"Art.L. 262-16.-The active solidarity income service is provided in each department by the family allowance funds and, for their nationals, by the funds of agricultural social mutuality.
"Art.L. 262-17.-When the application is filed, the interested party receives information on the rights and duties of the beneficiaries of the active solidarity income defined in section 3 of this chapter from the depositing agency. He is also informed of the rights to which he can claim in relation to the income that his home members derive from their professional activity and the predictable evolution of his income in case of return to the activity.
"Art.L. 262-18. - Subject to compliance with the conditions set out in this section, active solidarity income is open from the date of filing of the application.
"Art.L. 262-19.-The conditions under which active solidarity income may be reduced or suspended when one of the members of the home is admitted, for a specified minimum period, to a health institution or to the prison administration are fixed by decree in the Council of State.
"It is taken into account, when it comes to the beneficiary, family expenses incompetent to him.
"The effective date and duration of the reduction or suspension as well as, if applicable, the quotity of the reduction varies depending on the length of stay in the establishment.
"Art.L. 262-20.-A decree in the Council of State determines the amount of allowance calculated below which the active solidarity income is not paid.
"Art.L. 262-21.- Periodic review of the amount of the allowance defined in Article L. 262-2 shall be conducted. Decisions that determine the amount are revised as new elements change the situation in view of which they have taken place. The conditions for the application of this article are set by decree.
"Art.L. 262-22.-The President of the General Council may decide to make advances on alleged rights.
"Art.L. 262-23.-When the beneficiary and his or her spouse, concubine or partner bound by a civil solidarity pact, are two separate tax homes for the application of the D of Article II 200 sexies of the General Tax Code, the active solidarity income they perceive, excluding the amount corresponding to the difference between the lump sum mentioned in the 2nd of Article L. 262-2 of this Code and their resources, is declared equally for each tax home.
"Subsection 3
« Financing active solidarity income
"Art.L. 262-24.-I. ― Active solidarity income is financed by the national active solidarity fund referred to in II and the departments.
"The contribution of each department is equal to the difference, established for each household subject to its jurisdiction under Article L. 262-13, between the lump sum referred to in 2° of Article L. 262-2 applicable to the household and the resources of the household. By derogation from the provisions of chapter II of Book I, the active solidarity income is the responsibility of the department in which the applicant resides or has elected domicile, under the conditions set out in chapter IV of Title VI of this book.
"With the exception of the second paragraph, where, within the home, a person who is the recipient of the active solidarity income financed by the department has concluded the individual agreement referred to in Article L. 5134-19-1 of the Labour Code, the allocation is, during the period referred to in Article L. 262-3 of this Code, in full to the responsibility of the national fund of active solidarity.
"The National Fund for Active Solidarity funds the difference between the total of the sums paid for the active solidarity income allocation by the agencies responsible for its service and the sum of the contributions of each department. It is also responsible for its operating costs as well as part of the management costs incurred by the organizations referred to in section L. 262-16.
“II. ― The national fund of active solidarity is administered by a management board whose composition, terms and conditions of appointment of members and the modalities of operation are determined by decree.
"Its management is provided by the Caisse des dépôts et consignations.
"III. ― The revenues of the national active solidarity fund are, in particular, constituted by an additional contribution to the social withdrawal referred to in theArticle L. 245-14 of the Social Security Code and an additional contribution to the social sampling referred to inarticle L. 245-15 of the same code. These additional contributions are seated, controlled, recovered and payable under the same conditions and are subject to the same sanctions as those applicable to such social levies. Their rate is 1.1% and cannot exceed it. This rate will be reduced, given the effect of the cap established by the Financial Act for 2009, of the cumulative amount of the tax benefit that may be withdrawn by a taxpayer from the application of income tax expenditures.
"The State ensures the balance of the national fund of active solidarity in expenditure and revenue.
"IV. ― The Government shall file an annual report to Parliament, before the tabling of the following fiscal year's financial bill, indicating the implementation of the active solidarity income, the proceeds of the contributions defined in the first paragraph of the III, the proceeds of the cap of the cumulative amount of the tax benefit that may be withdrawn by a taxpayer from tax expenditures specific to the income tax, and the balance of the national fund of active solidarity This report proposes, where appropriate, a decrease in the rate of contributions defined in the first paragraph of the III based on these balance forecasts.
"Art.L. 262-25.-I. ― A convention is concluded between the department and each of the organizations referred to in Article L. 262-16.
"In particular, this Convention specifies:
« 1° The conditions under which active solidarity income is served and controlled;
« 2° The terms and conditions for the exchange of data between the parties;
« 3° The list and procedures for the exercise and control of delegated competencies, if any, by the department to the bodies referred to in Article L. 262-16;
« 4° The conditions under which financial flows are neutralized for the cash flow of these organizations;
« 5° The terms and conditions of information of the President of the General Council during the resumption of payments after a period of suspension;
« 6° The degree of accuracy of the motive of the indus transferred to the department;
« 7° The quality of service and control commitments made by the paying agency, in particular to limit undue payments.
"A decree determines the general rules applicable to this convention.
“II. ― Where the payers referred to in section L. 262-16 transmit to the President of the General Council an application for an advance payment for active solidarity income, they attach to this application the nominal amounts, beneficiary by beneficiary, of payments equal to the aggregate amount of the deposit, specifying the purpose of the benefit and the nature of each payment.
"III. ― The State and the Caisse des dépôts et consignations conclude with the Central Agency for Social Security and the National Fund for Family Allowances, on the one hand, and the Central Fund for Agricultural Social Mutuality, on the other hand, an agreement specifying the modalities for the payment of funds due for active solidarity income, in order to guarantee the neutrality of the financial flows for the cash of these organizations.
"IV. – In the absence of the conventions mentioned in I and III, the service, control and financing of the active solidarity income are provided under conditions defined by decree.
"Art.L. 262-26.-When the General Council decides, pursuant to section L. 121-4, conditions and amounts more favourable than those provided by the laws and regulations applicable to active solidarity income, the Departmental Social Assistance Regulations mention these adaptations. The costs are borne by the department. They are subject to separate accounting follow-up by the organizations referred to in section L. 262-16.
“Section 3
“The rights and duties of the recipient
of the active solidarity income
"Art.L. 262-27.-The beneficiary of active solidarity income has the right to social and professional support adapted to his needs and organized by a single referent. For the purposes of this section, the same rights and duties apply to the beneficiary and his or her spouse, concubine or partner bound by a civil solidarity pact, which each sign the project or one of the contracts referred to in sections L. 262-34 to L. 262-36.
"When the recipient is not required to comply with the obligations set out in section L. 262-28, each year may request an appointment from the organizations referred to in section L. 262-29 to discuss the conditions for improving his or her professional situation.
"Art.L. 262-28.-The beneficiary of the active solidarity income is held, when, on the one hand, the resources of the home are less than the level of the lump sum mentioned in 2° of Article L. 262-2 and, on the other hand, that he is unemployed or derives from the exercise of a professional activity than incomes below a limit required by decree, to seek a job, to undertake a work
"For beneficiaries of active solidarity income with one of the replacement incomes provided for in theArticle L. 5421-2 of the Labour Code, compliance with the obligations mentioned inarticle L. 5421-3 of the same code respect for the rules set out in this section.
"The obligations to which, under this section, the beneficiary entitled to the increase referred to in Article L. 262-9 of this Code shall take into account the special hardships, particularly in respect of the custody of children, to which the child is bound.
"Art.L. 262-29.-The President of the General Council directs the beneficiary of the active solidarity income in accordance with the obligations set out in Article L. 262-28:
« 1° As a matter of priority, when available for employment within the meaning of Articles L. 5411-6 and L. 5411-7 of the Labour Code or to create its own activity, either to the institution referred to in Article L. 5312-1 of the same code, or, if the department decides to use it, to one of the investment organizations mentioned in the 1st of Article L. 5311-4 of the same code, including an employment house or, if not, a legal person manager of a multi-year local plan for the insertion and use of the same service, or to anotherArticle 200 octies of the General Tax Code ;
« 2° When it appears that difficulties such as housing conditions, the absence of housing or its state of health are temporarily hindering its commitment to a job search approach, to the competent authorities or organizations in the field of social inclusion.
"Art.L. 262-30.-The organization to which the beneficiary of the active solidarity income is oriented means the reference provided for in Article L. 262-27.
"When the beneficiary is directed to the institution referred to in Article L. 5312-1 of the Labour Code, the referee is designated either within or within an organization participating in the Public Employment Service.
"If the review of the recipient's situation indicates that, given its difficulties, another organization would be better able to conduct the necessary support actions, or if the recipient was removed from the list referred to in the listArticle L. 5411-1 of the Labour Code for a period greater than a threshold established by decree, the referent proposes to the President of the General Council to make a new direction.
"The President of the General Council designates a correspondent to monitor changes in the situation of the beneficiaries and to support the actions of the referees.
"Art.L. 262-31.-If, after a period of six months, up to twelve months, depending on the case, the beneficiary of the active solidarity income having been the subject of the orientation referred to in 2° of Article L. 262-29 could not be redirected to the institution or an organization mentioned in 1° of the same article, his situation is examined by the multidisciplinary team. Based on the findings of this review, the President of the General Council may review the contract under section L. 262-36.
"Art.L. 262-32.-An agreement concluded between the department, the institution referred to in Article L. 5312-1 of the Labour Code, the State, if any, the houses of employment or, if not, the legal persons managers of the multi-year local plans for insertion and employment, the organizations mentioned in Article L. 262-16 of this Code and a representative of the community centres and In particular, it specifies the conditions under which the criteria defined in Article L. 262-29 are examined and evaluated.
"Art.L. 262-33.-When the department has not decided to use one or more of the organizations referred to in 1°, 3° and 4° of Article L. 5311-4 of the Labour Code for the sole purpose of ensuring the professional integration of all beneficiaries under the guidance provided for in 1° of Article L. 262-29 of this Code, the agreement provided for in Article L. 262-32 is supplemented by a convention concluded between the department and the institution referred to in Article L. 5312-1 of the Labour Code as well as, where applicable, the houses of employment or, to This agreement sets out the objectives of access to employment of beneficiaries of active solidarity income and how to achieve it.
"It provides the funding modalities, by the department, of the accompanying actions it wishes to see carried out for the benefit of the beneficiaries of the active solidarity income, in addition to the joint law interventions related to the search for a job planned for 1° of Article L. 5312-3 of the Labour Code.
"Art.L. 262-34.-The beneficiary of the active solidarity income oriented to the institution referred to in Article L. 5312-1 of the Labour Code shall jointly develop the personalized employment access project referred to in Article L. 5411-6-1 of the same Code with the designated referent within that institution or another organization participating in the public employment service.
"Art.L. 262-35. -The beneficiary of the active solidarity income oriented to an organization participating in the public service of employment other than the institution mentioned in article L. 5312-1 of the Labour Code concludes with the department, represented by the President of the General Council, within one month after this orientation, a contract freely debated listing their mutual commitments in the field of occupational integration.
"This contract specifies the positive and repeated job search actions that the recipient undertakes to perform.
"It also specifies, taking into account the training of the recipient, his qualifications, knowledge and skills acquired during his or her professional experiences, his or her personal and family situation, as well as the local labour market situation, the nature and characteristics of the job or job sought, the preferred geographic area and the expected level of pay. The recipient cannot refuse more than two reasonable job offers as defined.
"The contract retraces the actions that the organization to which it was directed undertakes to implement within the public service, particularly in terms of personalized support and, where applicable, training and mobility assistance.
"When the recipient does not comply with a stipulation of this contract, the organization to which it was directed signals it to the President of the General Council.
"Art.L. 262-36.-The beneficiary of the active solidarity income having been the subject of the orientation mentioned in the 2nd of Article L. 262-29 concludes with the department, represented by the President of the General Council, within two months after this orientation, a contract freely debated listing their mutual commitments in the field of social or professional integration.
"The department may, by agreement, entrust the conclusion of the contract under this section as well as the integration missions that arise from it to another territorial community, a group of territorial authorities or one of the organizations referred to in Article L. 262-15.
"Art.L. 262-37.-Unless a decision taken in respect of the particular situation of the beneficiary, the payment of active solidarity income is suspended, in whole or in part, by the President of the General Council:
« 1° Where, by virtue of the beneficiary and without a legitimate reason, the personalized job access project or one of the contracts referred to in Articles L. 262-35 and L. 262-36 are not established within the specified time limits or are not renewed;
« 2° Where, without a legitimate reason, the provisions of the personalized employment access project or the stipulations of one of the contracts referred to in Articles L. 262-35 and L. 262-36 are not complied with by the beneficiary;
« 3° When the beneficiary of the active solidarity income, accompanied by the institution referred to in Article L. 5312-1 of the Labour Code, was removed from the list referred to in Article L. 5411-1 of the same code;
« 4° Or where the recipient refuses to submit to the controls provided for in this chapter.
"This suspension may not take place without the recipient, assisted by a person of his or her choice, being able to make his or her observations known to the multidisciplinary teams referred to in section L. 262-39 within a period not exceeding one month.
"When, as a result of a suspension of the allowance, the paying agency proceeds to a resumption of its payment and, where applicable, to regularizations relating to the suspension period, it informs the President of the General Council of the payment by specifying the name of the assigned individual and by explaining the reason for the resumption of the payment of the allowance.
"When the allowance has been suspended under this section, its payment shall be resumed by the paying agency upon a decision of the President of the General Council from the date of conclusion of one of the contracts referred to in sections L. 262-35 and L. 262-36 or the personalized job access project.
"Art.L. 262-38.-The President of the General Council shall delete the list of beneficiaries of active solidarity income after a period of suspension of the payment defined by regulation.
"After a cancellation of the list of beneficiaries of active solidarity income following a suspension decision under section L. 262-37, the benefit of active solidarity income in the year following the suspension decision is subject to the prior signature of the personalized employment access project referred to in the year following the suspension decision.Article L. 5411-6-1 of the Labour Code or any of the contracts under sections L. 262-35 and L. 262-36 of this Code.
"Art.L. 262-39.-The President of the General Council shall be multidisciplinary teams composed of, inter alia, professionals of social and professional integration, in particular agents of the institution referred to in Article L. 5312-1 of the Labour Code under conditions specified by the convention referred to in Article L. 262-32 of this Code, representatives of the department and houses of employment or, if not,
"Multidisciplinary teams are consulted prior to decisions on reorientation to organizations of social or professional integration and reduction or suspension, taken under section L. 262-37, of the active solidarity income that affects the recipient.
“Section 4
"Control and exchange of information
"Art.L. 262-40. - For the exercise of their competence, the President of the General Council, the representatives of the State and the agencies responsible for the instruction and service of the active solidarity income ask all the information necessary to identify the situation of the home:
« 1° Public administrations, including financial administrations;
« 2° Territorial authorities;
« 3° To social security, supplementary pension and unemployment compensation organizations, as well as to public or private organizations involved in the integration schemes or paying compensation for employment assistance.
"The information requested, that these administrations, communities and organizations are required to communicate, must be limited to the data necessary for the instruction of the right to active solidarity income, its liquidation and control, and the conduct of the actions of insertion.
"The information collected may be exchanged, for the exercise of their skills, between the President of the General Council and the agencies responsible for the instruction and service of active solidarity income and communicated to the members of the multidisciplinary team referred to in Article L. 262-39.
"The personnel of the organizations referred to in the preceding paragraph may only communicate the information collected in the exercise of their oversight mission to the President of the General Council and, if necessary, through the Office of the Multidisciplinary Team.
"The agencies responsible for its payment carry out the controls on active solidarity income under the rules, procedures and means of investigation applicable to social security benefits.
"The paying agencies referred to in Article L. 262-16 shall make each month a confrontation of their data with those available to the unemployment compensation agencies, based on the monthly employment statements and the remuneration provided to them by employers. They send each month to the President of the General Council the nominative list of allocataries whose situation has been modified as a result of these data exchanges.
"The agencies responsible for the active solidarity income service send each month to the President of the General Council a list of all the allocatories that have been under control, detailing the nature of the control and its outcome.
"Art.L. 262-41.-When it is found by the President of the General Council or the bodies responsible for the instruction of the requests or the payment of the active solidarity income, on the occasion of the instruction of a request or during a control, a marked disproportion between, on the one hand, the life train of the home and, on the other, the resources it declares, a life limit assessment This lump-sum assessment is taken into account in determining the right to active solidarity income.
"The elements of life to be taken into account, which include, in particular, the movable or real estate heritage, excluding professional heritage within the limits of a ceiling set by decree, are those whose home has arranged during the period corresponding to the declaration of its resources, in any place, in France or abroad, and in any capacity.
"Art.L. 262-42.-The institution referred to in Article L. 5312-1 of the Labour Code shall inform the President of the General Council on a monthly basis of the registration of beneficiaries of active solidarity income on the list of job seekers and their delisting from the list to which it proceeds under Articles L. 5412-1 and L. 5412-2 of the same Code.
"Art.L. 262-43.-When, pursuant to the procedure provided for in theArticle L. 114-15 of the Social Security Code, the agency responsible for the active solidarity income service is informed or notes that the employee who worked without the formalities provided for in the Articles L. 1221-10 and L. 3243-2 of the Labour Code have been completed by his employer is either a beneficiary of the active solidarity income or a member of a beneficiary's home, he shall bring this information to the attention of the President of the General Council, in particular with a view to the implementation of the sanctions provided for in section 6.
"Art.L. 262-44.-Any person called to intervene in the instruction of applications or the allocation of active solidarity income as well as in the development, approval and implementation of the personalized employment access project referred to in Article L. 262-34 or one of the contracts referred to in Articles L. 262-35 and L. 262-36 shall be held in professional secrecy, subject to penaltiesArticle 226-13 of the Criminal Code.
"Any person to whom information relating to persons seeking benefit or benefiting from active solidarity income has been transmitted, pursuant to Article L. 262-40 of this Code, shall be held in professional secrecy under the same conditions.
“Section 5
“Remedies and Recovery
"Art.L. 262-45.-The action to pay the active solidarity income is prescribed by two years. This requirement is also applicable, except in the case of fraud or misrepresentation, to the action brought by the agency responsible for the active solidarity income service, the department or state in recovery of unduly paid amounts.
"Art.L. 262-46.-Any undue payment of active solidarity income is recovered by the agency responsible for the service of the latter and, under the conditions set out in this section, by the communities debiting active solidarity income.
"A claim against a decision for the recovery of the undue, the filing of a claim for remission or reduction of receivables, and administrative and litigation appeals, including appeals, against decisions made on these claims and claims shall be suspensive.
"Unless the recipient opts for the repayment of the undue in one time or if a schedule has been established with the agreement, the organization referred to in the first paragraph shall collect any undue payment of active solidarity income by deduction on the amount to be echoed, within 20% of that amount.
"The organization responsible for the active solidarity income service shall send to the President of the General Council every month a list of the indus resulting from the termination of the right to the allowance, indicating the name of the allotment, the purpose of the benefit, the initial amount of the indus, and the remaining balance to be recovered. It also explains the reason for the undue nature of the payment.
"When the right to the allowance has ceased, the President of the General Council notes the department's receivable and forwards the corresponding revenue for the recovery to the departmental payer. The debt of the national active solidarity fund is recovered by the agency responsible for the active solidarity income service according to the procedures applicable to family benefits.
"The debt may be remitted or reduced by the President of the General Council or the agency responsible for the service of the active solidarity income on behalf of the State, in the event of good faith or precariousness of the debtor's situation, unless that debt is the result of a fraudulent manoeuvre or a false statement.
"A decree in the Council of State determines the amount below which the unduly paid active solidarity income does not give rise to repetition.
"The debt held by a department against a beneficiary of active solidarity income whose place of residence is transferred to another department or who elects domicile in another department is transferred to principal, fees and accessories to the host department.
"Art.L. 262-47.-Any claim against an active solidarity income decision is the subject of an administrative appeal to the President of the General Council prior to the exercise of a litigation. This remedy is, under the conditions and limits set out in the agreement referred to in Article L. 262-25, submitted for advice to the amicable appeal board that is aware of claims under Article L. 262-25Article L. 142-1 of the Social Security Code. The procedure for examining the appeal is defined by decree in the Council of State.
"This decree also determines the conditions under which associations regularly formed for at least five years to work in the areas of inclusion and fight against exclusion and poverty may exercise the remedies provided for in the first paragraph of this article in favour of the home, subject to the written agreement of the recipient.
"Art.L. 262-48.-The active solidarity income is inevitable and elusive.
"Art.L. 262-49.-Section L. 132-8 is not applicable to amounts served under active solidarity income.
“Section 6
« Combating fraud and sanctions
"Art.L. 262-50.-Without prejudice to the possible constitution of the offence defined and sanctioned to articles 313-1 and 313-3 of the Criminal Code, making themselves guilty of fraud or false declaration to obtain, obtain or attempt to obtain the active solidarity income is liable to the fine provided for in theArticle L. 114-13 of the Social Security Code.
"Art.L. 262-51.-The provision or provision of services to a person as an intermediary and for compensation, in order to obtain the income of active solidarity, is punishable by the penalties provided for by theArticle L. 554-2 of the Social Security Code.
"Art.L. 262-52. -The misrepresentation or deliberate omission of a statement that resulted in the undue payment of active solidarity income is subject to an administrative fine imposed and recovered under the conditions and limits defined for the penalty provided for in theArticle L. 114-17 of the Social Security Code. The decision shall be taken by the President of the General Council after notice of the multidisciplinary team referred to in Article L. 262-39 of this Code. The competent court to hear appeals against the constraints of the President of the General Council is the administrative jurisdiction.
"No fines may be imposed on account of facts more than two years, nor where the person concerned has, for the same facts, already been permanently convicted by the criminal judge or has been granted a final decision of non-lieu or relaxe stating that the reality of the offence is not established or that this offence is not attributable to him. If such a decision of non-place or relax is made after the imposition of an administrative fine, the review of the fine is in law. If, as a result of an administrative fine, a criminal fine is imposed for the same facts, the first is imputed on the second.
"The fine's product is paid to the accounts of the community with active solidarity income.
"Art.L. 262-53.-In the event of a false statement, a deliberate omission of a statement or concealed work found under the conditions mentioned in section L. 262-43 having led to the payment of active solidarity income for an undue amount of two times the monthly ceiling of social security, or in the event of a recurrence, the President of the General Council may, after notice of the multidisciplinary team referred to in maximum article L. This sanction is extended to members of the home when they have become accomplices to fraud.
"The duration of the sanction is determined by the President of the General Council on the basis of the gravity of the facts, the extent of fraud, its duration and the composition of the home.
"This deletion may not be pronounced when the person concerned has, for the same facts, already been permanently convicted by the criminal judge or has been granted a final decision of non-court or relax stating that the reality of the offence is not established or that this offence is not attributable to him. If such a non-place or relax decision occurs after the deletion of the allowance service, the allowances are subject to a retroactive payment to the recipient. If, as a result of a decision made under this section, a criminal fine is imposed on the same facts, the amount of active solidarity income deleted is applied to it.
"The decision to abolish the active solidarity income and the administrative fine provided for in Article L. 262-52 cannot be pronounced for the same facts.
"The decision taken by the President of the General Council is forwarded to the National Fund for Family Allowances and to the Central Fund for Agricultural Social Mutuality, which informs, for its application, all agencies responsible for the payment of active solidarity income.
“Section 7
“Statistical monitoring, evaluation and observation
"Art.L. 262-54.-The departments, the National Fund for Family Allowances and the Central Fund for Agricultural Social Mutuality transmit to the State, under conditions fixed by decree, information relating to the social, family and professional situation and the support of the beneficiaries of the active solidarity income, the expenses incurred in this capacity and the implementation of the measures of integration.
"Art.L. 262-55.-The departments, the National Fund for Family Allowances, the Central Fund for Agricultural Social Mutuality, the institution referred to in Article L. 5312-1 of the Labour Code and other organizations associated with the management of active solidarity income shall transmit to the competent authority of the State, under conditions fixed by decree, information relating to natural persons intended for the formation of statistically representative samplesArticle 7 bis of Act No. 51-711 of 7 June 1951 on the obligation, coordination and secrecy of statistics.
"Art.L. 262-56.-The organizations referred to in Article L. 262-16, under conditions defined by the conventions referred to in Article L. 262-25, and the institution referred to in Article L. 5312-1 of the Labour Code shall transmit to the departments aggregate data relating to the characteristics of beneficiaries of active solidarity income.
“Section 8
« Final provisions
"Art.L. 262-57.-The general inspection of social affairs is competent to control the application of the provisions of this Code and the Labour Code relating to active solidarity income.
"Art.L. 262-58.-Unless otherwise provided, the terms of application of this chapter shall be determined by decree in the Council of State. »
At 2° of Article L. 2242-8 of the Labour Code, after the word "partial" are inserted the words "or the increase in the duration of the work".
Prior to June 1, 2010, the Government forwards to Parliament a report on the situation of young non-students under the age of 25, with regard to social and professional inclusion, access to the public service of employment and the amounts they receive under the Employment and Active Solidarity Income Premium.
Within one year of the coming into force of this Act, the Government shall submit to Parliament a report on the conditions for the integration of the solidarity allowance specific to the active solidarity income. This report mentions the position of social partners on this issue.
I. ― With regard to the contribution of the departments to the financing of the active solidarity income, referred to in Article L. 262-24 of the Code of Social Action and the families in its drafting of this Act, the maintenance of the jurisdiction transferred by the Act No. 2003-1200 of 18 December 2003 decentralizing the minimum income of insertion and creating a minimum income of activity remains compensated under the conditions set out in section 4 of this Act.
On the date of entry into force of this Act, the allocation to the charge of the departments referred to in Article L. 262-24 of the Code of Social Action and of Families, in its drafting from this Act, shall be calculated on the same regulatory terms as the allocation provided for in Article L. 262-3 of the same Code in its applicable wording before the coming into force of this Act.
II. ― With regard to the extension of competence carried out by this Act, the resulting additional charges for departments are fully compensated by the State under the conditions established by the Financial Law.
On the date of entry into force of this Act, the lump-sum amount referred to in section L. 262-9 of the Code of Social Action and Families, in its drafting from this Act, shall be calculated on the same regulatory terms as the allowance provided for in this Act.Article L. 524-1 of the Social Security Codein its applicable drafting prior to the coming into force of this Act.
The financial compensation referred to in the first paragraph shall, as a principal measure, be effected by the award of taxation of any kind.
If the revenues from the taxation granted under the preceding paragraph are reduced, the State shall compensate for this loss under conditions set out in the finance law to ensure that departments have a level of resources equal to the amount of the right to compensation resulting from the application of the first paragraph of this II. These decreases in revenues and compensation measures taken under this paragraph are the subject of a report of the Advisory Panel on the valuation of expenses referred to inArticle L. 1211-4-1 of the General Code of Territorial Communities.
For the year 2009, this compensation is calculated, for metropolitan departments, on the basis of half of the expenditures imposed by the State in 2008 under the allocation of single parent, net of the amounts exposed to proportional and lump sum interest under theArticle L. 524-5 of the Social Security Code in its applicable drafting prior to the coming into force of this Act, as determined by the Minister for Social Action on December 31, 2008, and deducted from the amount, as determined by the same Minister, of half of the expenditures in 2008 involving the departments in respect of the proportional and flat interest under section L. 262-11 of the Code of Social Action and the families in its earlier drafting of the Act.
This compensation shall be adjusted in the light of the expenditures recorded in the administrative accounts of the departments for the year 2009 in favour of beneficiaries of the lump-sum amount referred to in Article L. 262-9 of the Code of Social Action and of the families in its drafting by this Act. This adjustment is included in the Finance Act following the establishment of these accounts.
For the following years, compensation is adjusted on a final basis in view of the expenditures recorded in the administrative accounts of the departments for 2010 in favour of beneficiaries of the lump sum mentioned in Article L. 262-9 of the Code of Social Action and of the families in its drafting by this Act. This adjustment is included in the Finance Act following the establishment of these accounts.
III. ― Advisory Panel on the Evaluation of ExpensesArticle L. 1211-4-1 of the General Code of Territorial Communities is consulted under the conditions set out in articles L. 1614-3 and L. 1614-3-1 of the same code:
― in 2009 to verify the accuracy of the calculations for the expenses incurred by the State under the insulated parent allowance in 2008, and the cost in 2008 of the proportional and flat interest rates under articles L. 262-11 of the code of social action and families and L. 524-5 of the Social Security Code in their drafting prior to the promulgation of this Act;
- in 2010, on the terms and conditions for the assessment of expenses resulting from the extension of competencies referred to in II of this section;
― in 2011, on the terms and conditions for the assessment of expenses resulting from the extension of competencies referred to in the II and the adequacy of the final compensation to the amount of expenses incurred by the General Councils.
Chapter III of title III of Book I of the fifth part of the Labour Code is thus amended:
1° Its title is complemented by the words: "and personalized help back to employment";
2° Before section L. 5133-1, a division entitled "Section 1. Return to employment award »;
3° In the first paragraph of Article L. 5133-7, the words "of this chapter" are replaced by the words "of this section";
4° After L. 5133-7, a section 2 is inserted as follows:
“Section 2
"Custom help back to work
"Art.L. 5133-8.-A personalized return-to-employment assistance may be attributed by the organization within which the referee referred to in Article L. 262-27 of the Code of Social Action and Families has been designated. Its purpose is to cover all or part of the costs incurred by the interested party when it begins or resumes a professional activity.
"Custom back-to-use assistance is incessant and elusive.
"Art.L. 5133-9.-The personalized return-to-job assistance is financed by the National Fund of Active Solidarity mentioned in II of Article L. 262-24 of the Code of Social Action and Families. The State distributes the credits allocated for assistance between the agencies in which the referees mentioned in Article L. 262-27 of the same code are designated.
"Art.L. 5133-10.-A decree in the Council of State determines the modalities for the application of this section. »
The Government submits to Parliament, prior to the submission of the Social Security Financing Bill for 2010, a report presenting the plan for the design and deployment of a computerized social declaration service, aimed at simplifying the declarative formalities of companies and beneficiaries of active solidarity income and facilitating the exchange of information between social welfare agencies.
The code of social action and families is thus modified:
1° In the second paragraph of Article L. 111-3, the words: "minimum income allowance of insertion" are replaced by the words: "active solidarity income";
2° The 3rd of Article L. 121-7 is thus restored:
« 3° The share of active solidarity income financed by the National Fund of Active Solidarity under Article L. 262-24; »
3° In article L. 131-2, after the reference: "L. 121-7", the words are inserted: "with the exception of active solidarity income,"
4° In article L. 134-1, after the words: "childhood", are inserted the words: "as well as decisions concerning active solidarity income";
5° At the end of the seventh paragraph of Article L. 211-10, the words: "with the exception of the single parent allowance" are deleted;
6° Section L. 214-7 is amended as follows:
(a) The first paragraph is as follows:
"The proposed establishment and the rules of procedure for facilities and services for children under the age of six, referred to in both first paragraphs of section L. 2324-1 of the Public Health Code, provide for the terms and conditions under which these establishments guarantee places for the reception of children who are not in school under the age of six to the care of persons engaged in a path of social and professional integration and meeting the conditions of resources set by regulation, to enable them to take a job, to create an activity or to participate in the professional support actions offered to them. » ;
(b) The second paragraph is deleted;
7° In the last paragraph of Article L. 264-1, the words "minimum of insertion" are replaced by the words "active solidarity";
8° The title of chapter II of Book V title I is thus written: "Revenu de solidarité active";
9° In Article L. 512-1, the words: "of the minimum income allowance for inclusion" are replaced by the words "of the planned active solidarity income".
I. ― The Social Security Code is thus amended:
1° In the first sentence of the first paragraph of Article L. 114-17, the references: "Articles L. 262-47-1 of the Code of Social Action and Families and L. 524-7 of this Code" are replaced by the reference: "Article L. 262-53 of the Code of Social Action and Families";
2° Article L. 115-2 is reinstated as follows:
"Art.L. 115-2.-Territorial authorities, community groups, public institutions and public service management bodies may collect information from social security agencies responsible for the management of a mandatory social security regime on one of their nationals, after having informed them and for the sole purpose of appraising their situation for access to the benefits and benefits they serve.
"The nature of the information and the conditions of this communication are fixed by a decree in the Council of State taken after the opinion of the National Commission of Computer Science and Freedoms. » ;
3° The 5th of Article L. 241-6 is repealed;
4° Section 2 of Chapter I of Title VIII of Book III is repealed;
5° The 10th of Article L. 412-8 is thus written:
« 10° Recipients of the lump sum mentioned in the 2nd of Article L. 262-2 of the Code of Social Action and Families, for accidents caused by the fact or on the occasion of actions promoting their integration, under conditions determined by decree; »
6° In the second paragraph of Article L. 434-12, the word "third" is replaced by the word "second";
7° The 8th of Article L. 511-1 is repealed;
8° Chapter IV of Book V title II is repealed;
9° In the last paragraph of Article L. 531-5, the words: "one of the allowances referred to in Article L. 524-1 of this Code and" are replaced by the words: "the income mentioned";
10° In the first paragraph of Article L. 551-1, the words "with the exception of the lump-sum premium referred to in Article L. 511-1 8" are deleted;
11° In Article L. 552-1, the words: "of the insulated parent allowance," "of the change in the family situation for the insulated parent allowance," "the change in the family situation or" and the last paragraph are deleted;
12° Article L. 552-6 is amended as follows:
(a) In the first paragraph, the word "dues" is replaced by the words: "and the active solidarity income served to isolated persons referred to in Article L. 262-9 of the Code of Social Action and Families, Dus";
(b) The second paragraph is deleted;
(c) In the first sentence of the last paragraph, the words "debtedness of the benefit" are replaced by the words "who serves the family benefit or the allowance";
13° The last paragraph of Article L. 553-3 is as follows:
"This section is not applicable to the family support allowance. » ;
14° In Article L. 816-1, the references: "to articles L. 262-9 and L. 262-9-1 of the code of social action and families" are replaced by the references: "to the 2nd of Article L. 262-4 of the code of social action and families and to Article L. 262-6 of the same code";
15° Section L. 861-2 is amended as follows:
(a) In the first sentence of the first paragraph, after the words: "with the exception" are inserted the words: "active solidarity income",
(b) In the last sentence of the first paragraph, the words: "from the minimum income of insertion to a rate that cannot be less than that applicable under Article L. 262-10" are replaced by the words: "a package referred to in Article L. 262-2";
(c) The second preambular paragraph reads as follows:
"The conditions referred to in the first paragraph of Article L. 861-1 shall be deemed to satisfy the beneficiaries of active solidarity income whose resources, valued according to the provisions made under Article L. 262-3 of the Code of Social Action and Families, do not exceed the lump sum referred to in the 2nd part of Article L. 262-2 of the same Code. » ;
16° The second paragraph of Article L. 861-5 is supplemented by two sentences as follows:
"This transmission is carried out without delay. The same is true of the agencies responsible for the active solidarity income service for the applicants and beneficiaries of this income, whose resources are less than the lump sum referred to in the 2nd of Article L. 262-2 of the Code of Social Action and Families. »
II. ― Ordinance No. 96-50 of 24 January 1996 on the reimbursement of social debt is amended as follows:
1° Article 14 II is amended as follows:
(a) At 8°, the words "of the single parent allowance and" are deleted and the word "special" is replaced by the words "of the disabled child";
(b) It is re-established a 9° as follows:
« 9° The allowance referred to in Article L. 262-2 of the Code of Social Action and Families, lessened by the amount corresponding to the difference between the applicable lump sum mentioned in 2° of the same article and the resources of the household defined in the second paragraph of Article L. 262-3 of the same code. » ;
2° In the third of the same article, the references: "6°, 7° and 8°" are replaced by the references: "7°, 8° and 9°".
The general tax code is amended as follows:
1° The 9th quater of Article 81 is thus written:
« 9° quater The lump-sum premium established by Article L. 5425-3 of the Labour Code; »
2° The II of the article 200 sexies is supplemented by a D as follows:
"D. ― The total amount of the premium granted to the tax home is reduced from the amounts collected during the calendar year by the members of this tax home within the meaning of 1 and 3 of Article 6 in respect of the benefit referred to in Article L. 262-1 of the code of social action and of the families, excluding the amounts corresponding to the difference between the lump sum mentioned in 2° of Article L. 262-2 of the same household. » ;
3° In the first paragraph of the I of section 200 octies, the words: "minimum income of insertion, single parent allowance" are replaced by the words: "active solidarity income referred to in Article L. 262-1 of the Code of Social Action and Families";
4° Section 1414 is amended as follows:
(a) III is repealed;
(b) In IV, the words: "minimum income of insertion" are replaced by the words: "the amount of the slaughter set in I of Article 1414 A";
5° The III of Article 1414 A is supplemented by a 3 as follows:
“3. When the taxpayer's housing tax contribution results exclusively from the application of the provisions set out in 1 and 2, the deduction provided for in I shall, after application of these provisions, be increased by an amount equal to the fraction of that contribution exceeding the ratio between the amount of the income determined in accordance with II and that of the deduction referred to in I."
6° Article 1605 bis is amended as follows:
(a) At 2°, the reference: ", III" is deleted;
(b) The same 2° is supplemented by the words: ", as well as persons whose income amount referred to in Article 1414 II A is null";
(c) After the 3°, it is inserted a 3° bis as follows:
« 3° bis In 2009, taxpayers receiving the minimum income of insertion, when occupying their main dwelling under the conditions set out in section 1390, receive a discount on the audiovisual royalty for the year 2009.
"The benefit of this discount is maintained from 2010 and until 2011 when:
“(a) On the one hand, the amount of income referred to in Part II of Article 1414 A, collected in respect of the year preceding the year in which the royalty is due, does not exceed that of the slaughter referred to in I of the same article;
“(b) On the other hand, the debtor is a beneficiary of the benefit referred to in Article L. 262-1 of the Code of Social Action and Families.
"The benefit of this discount is permanently lost from the year in which at least one of the conditions set out in a and b is no longer fulfilled; »
7° To the e and f of 2 of Article 1649-0 A, the words: "the additional contribution to these samples, as provided for in 2° of Article L. 14-10-4" are replaced by the words: "the additional contributions to these samples, as provided for in 2° of Article L. 14-10-4 and III of Article L. 262-24";
8° Sections 1665 bis and 1665 ter are repealed.
Article L. 1111-5 of the General Code of Territorial Communities is supplemented by a paragraph to read as follows:
"When assigning social aids of an individual, cash or in kind, or a tariff advantage in access to a public service, the territorial authorities, their public institutions, community groupings and public service management bodies shall ensure that the conditions for the allocation of such aids and benefits do not discriminate against persons in the same situation, having regard to the composition or composition of the resources, »
I. ― The consumer code is thus modified:
1° In the second sentence of the second paragraph of Article L. 331-2, the words "insertion" are replaced by the words "guaranteed in Article L. 262-2 of the Code of Social Action and Families";
2° In the second paragraph of articles L. 334-2 and L. 334-5 and in the first paragraph of article L. 334-9, the words "insertion" are replaced by the words "guaranteed mentioned in article L. 262-2 of the code of social action and families".
II. ― In Article L. 351-10 of the Construction and Housing Code, the words: "other than the insulated parent allowance under the conditions set out in the second paragraph of Article L. 524-1 of the Social Security Code" are deleted.
III. ― The Civil Code is amended as follows:
1° Section 375-9-1 is amended as follows:
(a) In the first paragraph, the words: "are not used" are replaced by the words: "or the active solidarity income served to the isolated persons referred to in Article L. 262-9 of the Code of Social Action and the families are not used", and the words: "that they be, in whole or in part, paid" are replaced by the words: "that they be, in whole or in part, paid";
(b) In the second paragraph, after the word "family" the words "or the allowance mentioned in the first paragraph" are inserted;
2° In the first paragraph of Article 495-5 in its current drafting effective January 1, 2009, the word "family" is deleted.
The code of social action and families is thus modified:
1° Section 1 of chapter III of title VI of Book II is read as follows:
“Section 1
“Departmental Organization
of the insertion device
"Art.L. 263-1.-The General Council shall deliberate before March 31 of each year on the adoption or adaptation of the departmental integration program. It defines the departmental policy of social and professional support, identifies the needs of insertion and the local offer of insertion and plans the corresponding insertion actions.
"Art.L. 263-2.-For the implementation of the departmental integration program, the department concludes with interested parties a territorial pact for insertion.
"The pact can involve in the department, including the state, the institution mentioned in theArticle L. 5312-1 of the Labour Codeorganizations involved in the public service of employment, employment houses or, in the absence of such persons, managers of the multi-year local plans for insertion and employment, the relevant bodies in the field of social inclusion, the organizations referred to in Article L. 262-16 of this Code, the representative trade union organizations at the national level, the interested consular bodies and the territorial communities
"In particular, it defines the modalities for coordinating the actions undertaken by the parties to promote the social and professional integration of beneficiaries of active solidarity income.
"The pact provides, in particular, for vocational training, the region's competition for territorial integration policies.
"The insertion pact can be the subject of local declines, the President of the General Council determines the number and the spring. » ;
2° Sections 2 and 3 of chapter III of Book II title VI are repealed. Section 4 becomes section 2 and includes sections L. 263-15 and L. 263-16, which respectively become articles L. 263-3 and L. 263-4.In section L. 263-4, the reference "L. 263-15" is replaced by the reference "L. 263-3";
3° Section L. 263-18 is repealed. Section 5 of chapter III of Book II title VI becomes section 3 entitled "Common Provisions" and includes section L. 263-19, which becomes section L. 263-5.
Territorial authorities can subordinate the assistance they provide to companies in their commitment to job creations, especially on a full-time basis.
I. ― Title VI of Book II of the Code of Social Action and Families is supplemented by a chapter V as follows:
“Chapter V
"Status of persons welcomed in community reception and solidarity activities
"Art.L. 265-1.-Organizations that provide for the reception and accommodation of persons in difficulty and who do not fall under Article L. 312-1 may involve these persons in activities of solidarity-based economy in order to promote their social and professional integration.
"If they submit to the rules of community life that define a framework of reception that includes participation in a work intended for their social integration, they have a status which is exclusive of any bond of subordination.
“Organizations referred to in the first paragraph shall ensure that persons are welcomed:
“—decent accommodation;
“– personal support and social support tailored to their needs;
“– financial support to provide them with dignified living conditions.
"The bodies referred to in the first paragraph are approved by the State under conditions defined by decree in the Council of State. The accreditation granted at the national level to a grouping to which several local agencies are affiliated shall be approved by these organizations. A convention is concluded between the State and the national body which specifies the terms and conditions under which respect for the rights of the persons welcomed is guaranteed within its affiliated bodies.
"In the case by case of organisms of 8° and 12° of I of Article L. 312-1 and III of the same article may apply for the benefit of the conditions of activity provided for in this article. »
II. ― Article L. 241-12 of the Social Security Code is supplemented by a paragraph to read:
"—organisms referred to in Article L. 265-1 of the Code of Social Action and the families applying for it. »
The working code is thus modified:
1° Section L. 1111-3 is amended as follows:
(a) The 3° and 5° are repealed;
(b) The 4th is supplemented by the words: "for the duration of the convention referred to in Article L. 5134-19-1";
2° The 3rd of Article L. 1251-33, the 5th of Article L. 1251-37 and the 2nd and 4th of Article L. 2313-5 are repealed;
3° In the first paragraph of articles L. 2323-48 and L. 2323-54, the words: ", to support contracts in employment, to integration-revenue minimum contracts of activity and to future contracts" are replaced by the words: "and to support contracts in employment";
4° The second paragraph of Article L. 3252-3 is as follows:
"It is also taken into account an elusive fraction equal to the lump sum mentioned in 2° of Article L. 262-2 of the Code of Social Action and the families applicable to the employee's home. » ;
5° The second part of article L. 5132-3 is as follows:
« 2° Financial aids to integration companies, temporary employment enterprises and workshops and integration projects mentioned in the first paragraph of Article L. 5132-2. » ;
6° Article L. 5132-5 is as follows:
"Art.L. 5132-5.-Inclusion companies with unemployed persons encountering particular social and professional difficulties of fixed-term contracts pursuant to Article L. 1242-3.
"These contracts may, for the purpose of developing the employee's experience and skills, provide, by avenging, a period of immersion with another employer under the conditions laid down in Article L. 8241-2. A decree determines the duration and conditions for the accreditation and execution of this period of immersion.
"The duration of these contracts cannot be less than four months.
"These contracts can be renewed within a total period of twenty-four months.
"As a derogatory, these contracts may be renewed beyond the maximum period provided to enable the completion of a professional training action in progress at the end of the contract. The duration of this renewal cannot exceed the term of the action concerned.
"On an exceptional basis, when employees aged fifty years and older or persons recognized as workers with disabilities encounter special difficulties that hinder their sustainable integration into employment, this contract of work may be extended beyond the maximum duration provided. This extension may be granted by the institution referred to in section L. 5312-1 after consideration of the employee's situation with respect to the employment, the employer's ability to contribute, and the accompanying and training actions carried out within the original period of the contract.
"The weekly working hours of the employee hired under this framework cannot be less than twenty hours. It may vary over all or part of the contract period without exceeding the weekly legal period. The periods worked allow to validate quarters of old-age insurance premiums under the conditions ofArticle L. 351-2 of the Social Security Code.
"This contract may be suspended, at the request of the employee, to allow it:
« 1° In agreement with its employer, to conduct an assessment in the workplace prescribed by the institution referred to in Article L. 5312-1 of this Code or an action that contributes to its professional integration;
« 2° Complete a trial period for an offer of employment for an indefinite or fixed-term employment contract at least six months.
"In the event of employment following this workplace assessment or trial period, the contract is broken without notice. » ;
7° After the article L. 5132-11, an article L. 5132-11-1 is inserted as follows:
"Art.L. 5132-11-1.-Intermediate associations may conclude with unemployed persons who encounter particular social and professional difficulties of fixed-term contracts pursuant to Article L. 1242-3.
"These contracts may, for the purpose of developing the employee's experience and skills, provide, by avenging, a period of immersion with another employer under the conditions laid down in Article L. 8241-2. A decree determines the duration and conditions for the accreditation and execution of this period of immersion.
"The duration of these contracts cannot be less than four months.
"These contracts can be renewed within a total period of twenty-four months.
"As a derogatory, these contracts may be renewed beyond the maximum period provided to enable the completion of a professional training action in progress at the end of the contract. The duration of this renewal cannot exceed the term of the action concerned.
"On an exceptional basis, when employees aged fifty years and older or persons recognized as workers with disabilities encounter special difficulties that hinder their sustainable integration into employment, this contract of work may be extended beyond the maximum duration provided. This extension may be granted by the institution referred to in section L. 5312-1 after consideration of the employee's situation with respect to the employment, the employer's ability to contribute, and the accompanying and training actions carried out within the original period of the contract.
"The weekly working hours of the employee hired under this framework cannot be less than twenty hours. It may vary over all or part of the contract period without exceeding the weekly legal period. The periods worked allow to validate quarters of old-age insurance premiums under the terms of Article L. 351-2 of the Social Security Code.
"This contract may be suspended, at the request of the employee, to allow it:
« 1° In agreement with its employer, to conduct an assessment in the workplace prescribed by the institution referred to in Article L. 5312-1 of this Code or an action that contributes to its professional integration;
« 2° Complete a trial period for an offer of employment for an indefinite or fixed-term employment contract at least six months.
"In the event of employment following this workplace assessment or trial period, the contract is broken without notice. » ;
8° After the article L. 5132-15, an article L. 5132-15-1 is inserted as follows:
"Art.L. 5132-15-1.-Inclusion workshops and construction sites may conclude with unemployed persons who encounter particular social and professional difficulties of fixed-term contracts under Article L. 1242-3.
"These contracts may, for the purpose of developing the employee's experience and skills, provide, by avenging, a period of immersion with another employer under the conditions laid down in Article L. 8241-2. A decree determines the duration and conditions for the accreditation and execution of this period of immersion.
"The duration of these contracts cannot be less than four months.
"These contracts can be renewed within a total period of twenty-four months.
"As a derogatory, these contracts may be renewed beyond the maximum period provided to enable the completion of a professional training action in progress at the end of the contract. The duration of this renewal cannot exceed the term of the action concerned.
"On an exceptional basis, when employees aged fifty years and older or persons recognized as workers with disabilities encounter special difficulties that hinder their sustainable integration into employment, this contract of work may be extended beyond the maximum duration provided. This extension may be granted by the institution referred to in section L. 5312-1 after consideration of the employee's situation with respect to the employment, the employer's ability to contribute, and the accompanying and training actions carried out within the original period of the contract.
"The weekly working hours of the employee hired under this framework cannot be less than twenty hours. It may vary over all or part of the contract period without exceeding the weekly legal period. The periods worked allow to validate quarters of old-age insurance premiums under the terms of Article L. 351-2 of the Social Security Code.
"This contract may be suspended, at the request of the employee, to allow it:
« 1° In agreement with its employer, to conduct an assessment in the workplace prescribed by the institution referred to in Article L. 5312-1 of this Code or an action that contributes to its professional integration;
« 2° Complete a trial period for an offer of employment for an indefinite or fixed-term employment contract at least six months.
"In the event of employment following this workplace assessment or trial period, the contract is broken without notice. » ;
9° In Article L. 5133-1 and the last paragraph of Article L. 5133-2, the words: ", the minimum income of insertion or the allowance of an isolated parent" are deleted, as well as the second paragraph of Article L. 5133-2.
The second part of article L. 5132-9 of the Labour Code is as follows:
« 2° The total time available to the same employee shall not exceed a period determined by decree, for a period of twenty-four months from the first made available. In the expectation of the aforementioned decree, this period is set at 480 hours. »
The working code is thus modified:
1° Article L. 5132-1 is supplemented by a paragraph as follows:
"Insertion by economic activity, especially through the creation of economic activities, also contributes to the development of the territories. » ;
2° After sub-section 5 of chapter II, section 3, title III of Book I of Part 5, a sub-section 6 is inserted as follows:
"Subsection 6
« Solidarity economic groups
"Art.L. 5132-15-2.-In order to promote the coordination, complementarity and economic development of the territory and to ensure continuity of the paths of insertion, a legal entity of private law may carry or coordinate one or more actions of insertion as referred to in subsection 1 of this section. »
After section 1 of chapter IV of title III of Book I of the fifth part of the Labour Code, a section 1-1 is inserted as follows:
“Section 1-1
"One-time contract for insertion
"Art.L. 5134-19-1.-The unique contract of insertion consists of:
« 1° An individual agreement concluded under the conditions referred to in subsections 2 of sections 2 and 5 between the employer, the beneficiary and:
“(a) Either, on behalf of the State, the institution mentioned in article L. 5312-1 or, according to the terms fixed by decree, one of the bodies referred to in the 1st, 3rd and 4th of article L. 5311-4;
“(b) Either the President of the General Council when this agreement concerns a beneficiary of the active solidarity income financed by the department;
« 2° A contract of employment between the employer and the beneficiary of the individual agreement, under the conditions set out in subsections 3 of sections 2 and 5.
"The single insertion contract is entitled to financial assistance under the conditions set out in subsections 4 of sections 2 and 5. The amount of this assistance results from a rate, fixed by the administrative authority, applied to the minimum wage of growth.
"Art.L. 5134-19-2.-The President of the General Council may delegate all or part of the conclusion and implementation of the individual convention referred to in 1° of Article L. 5134-19-1 to the institution referred to in Article L. 5312-1 or to any other body designated for that purpose.
"Art.L. 5134-19-3.-The unique contract of insertion takes the form:
« 1° For employers in the non-market sector referred to in Article L. 5134-21, the accompanying contract in the employment defined in section 2;
« 2° For employers in the market sector referred to in Article L. 5134-66, of the contract initiative-employment defined in section 5.
"Art.L. 5134-19-4.-The department signs, prior to the conclusion of the individual conventions provided for in the 1st of Article L. 5134-19-1, an annual convention of objectives and means with the State.
"This Convention sets out:
« 1° The anticipated number of individual agreements concluded under hiring, as part of a single integration contract, of beneficiaries of active solidarity income funded by the department;
« 2° The terms and conditions for financing individual conventions and the applicable aid rates.
"When the department participates in the financing of aid, the rates mentioned in the last paragraph of Article L. 5134-19-1 may be increased, according to the criteria set out in 1°, 2° and 4° of Articles L. 5134-30 and L. 5134-72.
"When the assistance is in full charge of the department, the General Council shall set the rate on the basis of the criteria referred to in articles L. 5134-30 and L. 5134-72, within the limits of the ceiling provided for in articles L. 5134-30-1 and L. 5134-72-1;
« 3° The accompanying actions and other actions aimed at promoting the sustainable integration of employees hired in a single contract of insertion.
"On the occasion of each renewal of the Annual Agreement of Objectives and Means, the State and the Department shall conduct a review of their financial participation in the financing of the single contract of insertion, taking into account the results of the sustainable insertion of employees employed in this framework and the economic constraints that weigh on certain territories.
"Art.L. 5134-19-5.-The President of the General Council shall transmit to the State, under conditions fixed by decree, any information allowing the follow-up of the single contract of insertion. »
I. ― Section 2 of Chapter IV of Title III of Book I of Part 5 of the Labour Code is thus amended:
1° Article L. 5134-20 is as follows:
"Art.L. 5134-20.-The purpose of the employment support contract is to facilitate the professional integration of unemployed persons encountering particular social and professional difficulties in access to employment.To this end, it includes professional support actions. For the purpose of developing the employee's experience and skills, the employee may, by avenging, provide for a period of immersion with another employer under the conditions laid down in Article L. 8241-2. A decree determines the duration and conditions for the accreditation and execution of this period of immersion. » ;
2° The first paragraph of Article L. 5134-21 is as follows:
"Conventions that are entitled to the benefit of the accompanying contract in employment may be concluded with:"
3° After article L. 5134-21, an article L. 5134-21-1 is inserted as follows:
"Art.L. 5134-21-1.-The conclusion of a new individual convention referred to in Article L. 5134-19-1 is subject to the preliminary assessment of the accompanying actions and actions aimed at the sustainable insertion of employees, carried out in the framework of individual agreements concluded under an earlier assisted contract. » ;
4° Article L. 5134-22 is as follows:
"Art.L. 5134-22.-The individual agreement sets out the terms and conditions of professional guidance and support of the unemployed person and provides professional training and validation of the acquired experience necessary for the realization of his professional project.
"Training actions may be carried out during or outside the work time. » ;
5° Article L. 5134-23 is as follows:
"Art.L. 5134-23.-The duration of the individual agreement that is entitled to the benefit of the accompanying contract in employment cannot exceed the term of the employment contract.
"The individual convention can be extended within a total period of twenty-four months. » ;
6° After Article L. 5134-23, two articles L. 5134-23-1 and L. 5134-23-2 are inserted as follows:
"Art.L. 5134-23-1.-It may be derogated, on a regulatory basis, to the maximum duration of an individual agreement, either where the individual concerned an employee who is fifty years of age and who is the beneficiary of the active solidarity income, the specific solidarity allowance, the temporary waiting allowance or the allowance to adults with disabilities or a person who is recognized as a disabled worker, or to enable the completion of a vocational training agreement The duration of this extension cannot exceed the term of the action concerned.
"On an exceptional basis, when employees aged fifty years and older or persons recognized as disabled workers employed in workshops and job sites encounter special difficulties that hinder their sustainable integration into employment, these conventions can be extended beyond the maximum duration of the job. This extension may be granted by the institution referred to in Article L. 5312-1 or, for the individual conventions referred to in 1° of Article L. 5134-19-1 which it concludes, by the President of the General Council after examining the situation of the employee with respect to the employment, the capacity of the employer and the accompanying and training actions carried out under the initial agreement.
"Art.L. 5134-23-2.-The extension of the individual agreement and, if it is fixed-term, of the contract of work concluded under the contract shall be subject to the evaluation of the shares carried out during the contract with a view to promoting the sustainable insertion of the employee. » ;
7° The first paragraph of Article L. 5134-24 is as follows:
"The contract of employment, coupled with an individual contract of employment support, is a contract of work of private law, either on a fixed-term basis, entered into under Article L. 1242-3, or on an indefinite basis. It deals with jobs designed to meet unmet collective needs. » ;
8° After the article L. 5134-25, an article L. 5134-25-1 is inserted as follows:
"Art.L. 5134-25-1.-The contract of employment, coupled with an individual contract of support in employment, concluded for a specified period, may be extended within a total period of twenty-four months, or five years for employees aged fifty years and more beneficiaries of active solidarity income, recognized solidarity allowance, temporary waiting allowance or adult allowance.
"As a derogatory, this contract of work may be extended beyond the maximum period provided, with a view to completing a professional training action in progress at the end of the contract and defined in the initial agreement. The duration of this extension cannot exceed the term of the action concerned.
"On an exceptional basis, when employees aged fifty years and older or persons recognized as disabled workers employed in workshops and job sites encounter special difficulties that hinder their sustainable integration into employment, this contract of work can be extended beyond the maximum period of time. This extension may be granted by the institution referred to in Article L. 5312-1 or by the President of the General Council, when the latter has entered into the individual agreement referred to in 1° of Article L. 5134-19-1 associated with this contract after consideration of the employee's position with respect to the employment, the employer's ability to contribute, and the accompanying and training actions carried out within the framework of the period initially provided for. » ;
9° Article L. 5134-26 is supplemented by a paragraph as follows:
"When the employment contract, coupled with an individual employment support contract, has been entered into for a specified period with a territorial or other public law person, the weekly working period may vary over any or part of the contract period, without being greater than the weekly legal period. This variation does not affect the calculation of wages due to the employee. » ;
10° After the article L. 5134-28, an article L. 5134-28-1 is inserted as follows:
"Art.L. 5134-28-1.-A certificate of professional experience is prepared by the employer and delivered to the employee upon request or no later than one month before the end of the employment support contract. » ;
11° Article L. 5134-29 is as follows:
"Art.L. 5134-29.-The employment support contract may be suspended, at the request of the employee, to allow him:
« 1° In agreement with its employer, to conduct an assessment in the workplace prescribed by the institution referred to in Article L. 5312-1 or an action that contributes to its occupational integration;
« 2° Complete a trial period for an offer of employment for an indefinite or fixed-term employment contract at least six months.
"In the event of employment following this workplace assessment or trial period, the contract is broken without notice. » ;
12° Article L. 5134-30 is as follows:
"Art.L. 5134-30.-The individual agreement provided for in subsection 2 of this section, concluded to allow for employment support contract, is entitled to financial assistance.
"This help can be modified according to:
« 1° The class and sector of activity of the employer;
« 2° Planned actions for professional support and actions to promote the sustainable integration of the employee;
« 3° Local economic conditions;
« 4° Difficulties in access to employment previously encountered by the employee. » ;
13° After the article L. 5134-30, two articles L. 5134-30-1 and L. 5134-30-2 are inserted as follows:
"Art.L. 5134-30-1.-The amount of financial assistance paid under the individual convention provided for in subsection 2 of this section shall not exceed 95% of the gross minimum wage of growth per hour worked, within the limits of the weekly legal duration of work. It is not subject to any tax burden.
"Art.L. 5134-30-2.-When the individual agreement provided for in subsection 2 of this section was entered into with an employee who was, before being hired, a beneficiary of the active solidarity income financed by the department, the department participates in the financing of the assistance referred to in Article L. 5134-19-1. Such participation shall be determined, under conditions established by decree, by reference to the lump sum mentioned in 2° of Article L. 262-2 of the Code of Social Action and of the families applicable to an isolated person and according to the increase in the rates provided for in the convention referred to in Article L. 5134-19-4. »
II. ― Training actions for persons receiving an accompanying contract in employment referred to in Article L. 5134-19-3 of the Labour Code in Territorial Authorities or Public Institutions under the Act may be financed, for all or part, by means of the mandatory contribution paid by territorial authorities and their public institutions under theArticle 12-2 of Act No. 84-53 of 26 January 1984 bringing statutory provisions relating to the territorial civil service.
I. ― Section 3 of Chapter IV of Title III of Book I of Part 5 of the Labour Code is repealed.
II. ― Section 5 of Chapter IV of Title III of Book I of Part 5 of the Code is amended as follows:
1° Article L. 5134-65 is as follows:
"Art.L. 5134-65.-The purpose of the initiative-employment contract is to facilitate the professional integration of unemployed persons with social and professional difficulties in accessing employment. To this end, it includes professional support actions. The training actions necessary to carry out the professional project of the person may be mentioned in the convention; they are carried out within the framework defined in Article L. 6312-1. » ;
2° The first paragraph of Article L. 5134-66 is as follows:
“Conventions that are entitled to the contract initiative-employment may be concluded with:”
3° After the article L. 5134-66, an article L. 5134-66-1 is inserted as follows:
"Art.L. 5134-66-1.-The conclusion of a new individual agreement is subject to the preliminary assessment of the accompanying actions and actions aimed at the sustainable insertion of employees, carried out within the framework of individual agreements concluded under an earlier assisted contract. » ;
4° After the article L. 5134-67, two articles L. 5134-67-1 and L. 5134-67-2 are inserted as follows:
"Art.L. 5134-67-1.-The duration of the individual agreement entitled to the benefit of the initiative-employment contract cannot exceed the term of the employment contract.
"The individual convention can be extended within a total period of twenty-four months.
"It may be derogated, on a regulatory basis, to the maximum duration of an individual agreement, either when it concerns an employee who is fifty years of age and who is a beneficiary of the active solidarity income, the specific solidarity allowance, the temporary waiting allowance or the allowance to adults with disabilities or a person recognized as a disabled worker, or to enable the completion of an initial professional training action in the course of realization and the agreement. The duration of this extension cannot exceed the term of the action concerned.
"Art.L. 5134-67-2.-The extension of the individual agreement and, if it is fixed-term, of the contract of work concluded pursuant to it is subject to the evaluation of the shares carried out during the contract with a view to promoting the sustainable insertion of the employee. » ;
5° Article L. 5134-68 is as follows:
"Art.L. 5134-68.-No agreement may be reached in the following cases:
« 1° When the establishment made an economic termination within six months of the date of employment;
« 2° When the job is intended to replace a terminated employee for a reason other than serious or heavy misconduct. If it appears that the hiring resulted in the termination of another employee, the agreement may be denounced by the State or by the President of the General Council. The denunciation carries an obligation on the employer to reimburse all amounts collected under the assistance provided for in the agreement;
« 3° When the employer is not up to date with the payment of its social contributions and contributions. » ;
6° After the article L. 5134-69, two articles L. 5134-69-1 and L. 5134-69-2 are inserted as follows:
"Art.L. 5134-69-1.-The contract of employment associated with an individual employment contract, concluded for a specified period, may be extended within a total period of twenty-four months, or five years for employees aged fifty years and more beneficiaries of the active solidarity income, the specific solidarity allowance, the temporary waiting allowance or the allowance for disabled adults, and
"Art.L. 5134-69-2.-The duration of the initiative-employment contract cannot be less than six months, or three months for persons who have been sentenced and benefiting from an adjustment of sentence. » ;
7° After the article L. 5134-70, two articles L. 5134-70-1 and L. 5134-70-2 are inserted as follows:
"Art.L. 5134-70-1.-The weekly duration of the work of an employee holding a contract of work associated with an individual contract initiative-employment cannot be less than twenty hours.
"Art.L. 5134-70-2.-A certificate of professional experience is prepared by the employer and delivered to the employee upon request or no later than one month before the end of the job-initiative contract. » ;
8° Article L. 5134-71 is as follows:
"Art.L. 5134-71.-The contract initiative-employment may be suspended, at the request of the employee, to allow him:
« 1° In agreement with its employer, to conduct an assessment in the workplace prescribed by the institution referred to in Article L. 5312-1 or an action that contributes to its occupational integration;
« 2° Complete a trial period for an offer of employment for an indefinite or fixed-term employment contract at least six months.
"In the event of employment following this workplace assessment or trial period, the contract is broken without notice. » ;
9° Article L. 5134-72 is as follows:
"Art.L. 5134-72.-The individual agreement provided for in subsection 2 of this section, which is concluded to allow for an employment contract, is entitled to financial assistance.
"This help can be modified according to:
« 1° The class and sector of activity of the employer;
« 2° Planned actions for professional support and actions to promote the sustainable integration of the employee;
« 3° Local economic conditions;
« 4° Difficulties in access to employment previously encountered by the employee. » ;
10° After the article L. 5134-72, two articles L. 5134-72-1 and L. 5134-72-2 are inserted as follows:
"Art.L. 5134-72-1.-The amount of financial assistance paid under an individual convention under subsection 2 of this section shall not exceed 47% of the gross minimum wage of growth per hour worked, within the limits of the weekly legal duration of work.
"Art.L. 5134-72-2.-Where the individual agreement provided for in subsection 2 of this section has been concluded with an employee who was, prior to the employee's employment, a beneficiary of the active solidarity income financed by the department, the department participates in the financing of the assistance referred to in Article L. 5134-19-1. Such participation shall be determined, under conditions established by decree, by reference to the lump sum mentioned in 2° of Article L. 262-2 of the Code of Social Action and of the families applicable to an isolated person and according to the increase in the rates provided for in the convention referred to in Article L. 5134-19-4. »
III. ― Section 6 of Chapter IV of Title III of Book I of Part 5 of the Code is repealed.
I. ― The working code is thus modified:
1° At 3° of Article L. 5141-1, the words "of the minimum income allowance for insertion" are deleted and the words "of the single parent allowance" are replaced by the words "of the active solidarity income";
2° In Article L. 5141-4, the words: "the minimum income allowance for insertion, the single parent allowance," are deleted;
3° In the first paragraph of Article L. 5423-19, the words: "to the minimum income allowance of insertion provided for in Article L. 262-3 of the Code of Social Action and Families" are replaced by the words: "to the active solidarity income";
4° The second part of the article L. 5423-24 is as follows:
« 2° Assistances referred to in sections L. 5134-30 and L. 5134-72 as they relate to employers who have entered into a single contract of insertion with a person who was, prior to hiring, a beneficiary of the specific solidarity allowance; »
5° Section L. 5425-4 is repealed.
II. ― Section L. 821-7-2 of the Social Security Code is repealed.
III. ― first paragraph of Article 9 of Law No. 98-657 of 29 July 1998 the words: "the minimum income of insertion provided for in Article L. 262-1 of the Code of Social Action and Families, or" and the words: ", or the allowance of an isolated parent provided for in Article L. 524-1 of the same Code" are deleted.
It is created a fund to support youth experiments. This fund is provided with contributions from the State and any legal entity of public or private law that partner to define, finance and pilot one or more experimental programs aimed at improving the social and professional integration of young people between 16 and 25 years of age.
This fund is managed by the Fund for Deposits and Meetings.
I. ― Article L. 5212-7 of the Labour Code is as follows:
"Art.L. 5212-7.-The employer may partially discharge the employment obligation by hosting on probation, under conditions fixed by a decree specifying the minimum duration of this internship, persons with disabilities, within 2% of the total number of employees in the company. »
II. I is applicable to the employment obligation of disabled workers in the years 2009 and following.
I. ― Article L. 5212-14 of the Labour Code is as follows:
"Art.L. 5212-14. - For the calculation of the number of beneficiaries of the employment obligation, each person shall be taken into account in proportion to his or her time of presence in the company during the calendar year, regardless of the nature or duration of his or her employment contract, within a unit and under the following conditions:
"—employees whose working hours are greater than or equal to half of the legal or conventional duration are counted within the limits of a unit as if they were employed in full time;
“—employees whose working hours are less than half of the legal or conventional duration are counted under conditions fixed by decree without their consideration being able to exceed half a unit. »
II. I is applicable to the employment obligation of disabled workers in the years 2009 and following.
I. ― Subject to the inclusion in the Financial Law of the provisions provided for in the first paragraph of Article 7, paragraph II, this Act comes into force on 1 June 2009, with the exception of the last two paragraphs of Article L. 262-40 of the Code of Social Action and Families, from 1 to 3 of Article 18, Articles 21, 22 and 23 and 4 of Article 24 which come into force on 1 January 2010. However, the National Active Solidarity Fund was established on 1 January 2009. The Youth Experiment Support Fund established by section 25 of this Act shall be established from the day after the publication of this Act in the Official Gazette.
II. ∙ A. ― 1. The additional contribution to the social sampling referred to inArticle L. 245-14 of the Social Security Code, established by section L. 262-24 of the Code of Social Action and Families, applies to revenues of the years 2008 and subsequent.
2. The additional contribution to the social sampling referred to inArticle L. 245-15 of the Social Security Code, established by Article L. 262-24 of the Code of Social Action and Families, applies, as of January 1, 2009, to the investment products mentioned in I of Article L. 136-7 of the Social Security Code and investment products referred to in II of the same article for the share of these acquired products and, where applicable, recognized as from 1 January 2009.
3. The 7th of section 12 applies for the determination of tax caps relating to revenues from the year 2008.
B. ― The 2° to 5°, a and c of 6° and 8° of Article 12 are applicable from the taxation established under the heading of 2009. The 1° and b of 6° of the same article shall apply on the basis of the 2010 taxation.
For debtors who have ceased to be beneficiaries of the minimum income of insertion in 2008, the first paragraph of the III of thearticle 1414 and 2° of Article 1605 bis of the General Tax Code in their writing effective 1 January 2008 shall be maintained for the corresponding taxation established under the year 2009.
III. ― Effective June 1, 2009, individual agreements relating to the future contracts provided for in section 3 and to the minimum income-generating contracts provided for in section 6 of chapter IV of title III of Book I of Part 5 of the Labour Code may be concluded, for beneficiaries of active solidarity income financed by departments, beneficiaries of the specific solidarity allowance and beneficiaries of the allowance to adults 31 December 2009.
Individual agreements involving beneficiaries of active solidarity income financed by the department are concluded by the President of the General Council.
Effective June 1, 2009, the amount of assistance to the employer referred to in theArticle L. 5134-51 of the Labour Code equals the lump sum provided for in 2° of theArticle L. 262-2 of the Code of Social Action and Families applicable to an individual in his or her writing from this Act. For future contracts with beneficiaries of active solidarity income, this amount is covered by the state at 12 per cent.
Effective June 1, 2009, the amount of assistance to the employer referred to in theArticle L. 5134-95 of the Labour Code is equal to the lump-sum amount provided for in 2° of Article L. 262-2 of the Code of Social Action and applicable families for an individual in his or her writing from this Act. For contracts of minimum income of activity entered into with beneficiaries of active solidarity income, this amount is covered by the state at 12%.
Effective January 1, 2009, the future contract and the employment support contract may, for the purpose of developing the employee's experience and skills, provide for a period of immersion with another employer under the conditions provided for in the employee's employment contract.Article L. 8241-2 of the Labour Code. A decree determines the duration and conditions for the accreditation and execution of this period of immersion.
By exception to second paragraph IArticle L. 262-24 of the Code of Social Action and Families in its drafting of this Act, where, within the home, a person who is the recipient of the Department-funded active solidarity income concluded between June 1 and December 31, 2009 one of the conventions referred to in Articles L. 5134-38, L. 5134-39 or L. 5134-75 of the Labour Code, the active solidarity income allowance is, during the period mentioned at the 5th of theArticle L. 262-3 of the Code of Social Action and Families in its drafting of this Act, fully at the expense of the National Fund for Active Solidarity.
IV. ― As of January 1, 2009, on an exceptional basis, where employees aged fifty and over or recognized persons with disabilities employed in integration companies, workshops and integration sites or intermediate associations encounter particular difficulties that hinder their sustainable integration into employment, the contract of work concluded in accordance with the application of theArticle L. 1242-3 of the Labour Code, the future contract or the accompanying contract in the employment they have concluded may be extended beyond the maximum duration. This extension shall be granted by the institution referred to in Article L. 5312-1 of the same code or by the President of the General Council when, in the case of future contracts, the latter has entered into the individual agreement referred to in theArticle L. 5134-38 of the said Code associated with this contract, following a review of the employment status of the employee, the employer's contributory capacity, and the accompanying or training actions carried out within the initial period of the contract.
V. ― Effective January 1, 2009, training actions for persons benefiting from an employment support contract and a future contract, in territorial authorities or public institutions, may be financed, for all or part, by means of the mandatory contribution paid by territorial authorities and their public institutions, pursuant to theArticle 12-2 of Act No. 84-53 of 26 January 1984 bringing statutory provisions relating to the territorial civil service.
I. ― By derogation from section 28, this Act comes into force in overseas departments and in the communities of Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon no later than January 1, 2011, subject to the inclusion in the finance law of the provisions relating to the compensation of expenses resulting from the extension of competence carried out by this Act.
Until the date set out in the first paragraph, the provisions governing the minimum income of insertion and the allowance of single parent in their drafting prior to the coming into force of this Act continue to apply in the departments and communities referred to in the paragraph.
II. ― The Government is authorized, after consultation with all concerned communities and under the conditions set out in theArticle 38 of the Constitution, to take by order the adaptation measures in the area of the law that are necessary for the application of this Act and for the implementation of integration policies in the departments and communities mentioned in I. Such orders shall be made no later than the last day of the eighteenth month following the publication of this Act. The ratification bills will be filed no later than six months after the issuance of these orders.
I. ―Article 142 of Act No. 2006-1666 of 21 December 2006 for 2007, with the exception of IV, V and IX to XIII and articles 18 to 23 of Act No. 2007-1223 of 21 August 2007 in favour of labour, employment and purchasing power, relating to the experimentation of active solidarity income, are repealed as of June 1, 2009. IV, V and IX to XIII of Article 142 of Act No. 2006-1666 of 21 December 2006 referred to above, relating to the simplification of access to assisted contracts, are repealed effective January 1, 2010.
II. ― It is terminated, on June 1, 2009, on the experiments of active solidarity income and, as of January 1, 2010, on those related to the simplification of access to assisted labour contracts under the provisions mentioned in I. The deliberations adopted by the General Councils and the derogatory decrees taken by State officials in the department for the purposes of these experiments cease, according to their purpose, to produce their effects from the above-mentioned dates.
III. ― In the experimental areas defined in the deliberations adopted by the General Councils and by the decrees taken for the application of theArticle 20 of Act No. 2007-1223 of 21 August 2007 referred to abovepersons who benefit, pursuant to these deliberations or Decree No. 2007-1433 of 5 October 2007 relating to the experimentation of the active solidarity income implemented in favour of beneficiaries of the isolated parent allowance and the minimum income of insertion, an income guarantee in excess of that mentioned in the first paragraph of theArticle L. 262-2 of the Code of Social Action and Families in its drafting from this Act, shall retain the benefit until the payments cease and no later than 31 May 2010.
IV. ― Effective June 1, 2009, the individual agreements concluded by the department as part of the experiments designed to simplify access to the contract for the future and to the minimum income of activity can be for beneficiaries of the active solidarity income financed by the department.
For these conventions, the amount of assistance paid to the employer from which the department applies its experimental device is equal to the lump sum set out in 2° of Article L. 262-2 of the Social Action Code and the families applicable to an individual in his or her writing from this Act.
By exception to second paragraph IArticle L. 262-24 of the Code of Social Action and Families in its drafting of this Act, where, within the home, a person who is the recipient of the active solidarity income funded by the department concludes one of the individual conventions defined in the context of the experiments, the active solidarity income allowance is, during the period mentioned in the 5th of thearticle L. 262-3 of the same code in its drafting of this Act, fully at the expense of the National Fund for Active Solidarity.
In the experimental areas defined by the deliberations and agreed upon on the basis of IV and XI of Article 142 of Act No. 2006-1666 of 21 December 2006 referred to above, the individual agreements concluded before 1 January 2010 by the department or State and, if fixed-term, the contracts of work associated with it, continue to produce their effects until their end, under the conditions established by these contracts, conventions, deliberations and decrees. These conventions may not be subject to renewal or extensions beyond January 1, 2010.
V. ― Financial agreements between the State and the department on the basis of IX of Article 142 of Act No. 2006-1666 of 21 December 2006 referred to above and ofArticle 20 of Act No. 2007-1223 of 21 August 2007 referred to above continue to produce their effects within the limits of the object and duration provided for in this section.
I. ― Future contracts and minimum income contracts entered into prior to January 1, 2010 continue to produce their effects under the applicable conditions prior to that date, until the end of the individual agreement under which they were signed. This agreement and these contracts cannot be renewed or extended beyond January 1, 2010.
II. ― Persons who, as of May 2009, are entitled to the lump-sum premiums provided for in Articles L. 262-11 of the Code of Social Action and Families and L. 524-5 of the Social Security Code in their drafting prior to the coming into force of this Act may continue to receive such premiums in accordance with the rules set out in these provisions until such payments cease. They cannot benefit from active solidarity income during this period.
III. ― Recipients of the minimum income of insertion and the allowance of a single parent who begin or resume a work activity before the effective date of this Act may, as such, benefit from the return to employment premium provided for by the date of entry into force of this Act.Article L. 5133-1 of the Labour Code in its drafting prior to the coming into force of this Act.
IV. ― In order to ensure continuity of service of benefits due to persons not mentioned in II, beneficiaries, for the month of May 2009, of the minimum income of insertion or of the allowance of single parent, respectively, Articles L. 262-2 of the Code of Social Action and Families and L. 524-1 of the Social Security Code in their writing prior to the coming into force of this Act, the right to active solidarity income is examined by the organizations mentioned inArticle L. 262-16 of the Code of Social Action and Families without requiring these persons to file an application file with the bodies designated by the decree provided for in the orderarticle L. 262-14 of the same code. They remain subject to information obligations arising from the legal and regulatory provisions applicable to the minimum insertion income and the single parent allowance. The situation of these persons in relation to the obligations provided for in the articles L. 262-28 et seq. of the Code of Social Action and Families shall be considered within nine months from the date of entry into force of this Act.
V. ― Any undue payment of minimum income for insertion and lump sum allowance, provided for in sections L. 262-2 and L. 262-11 of the Code of Social Action and of Families in their writing prior to the entry into force of Title I of this Act, not recovered on the date of June 1, 2009, may be recovered from the active solidarity income benefit established by this Act by the agency responsible for its limits articles L. 262-45 and L. 262-46 of the Code of Social Action and Families in their drafting from this Act.
The same applies to undue payments of active solidarity income benefit established by deliberation of the General Council on the basis of articles 18 and 19 of Act No. 2007-1223 of 21 August 2007 referred to above.
VI. ― Any undue payment of single-parent allowance, lump-sum premiums and return-to-employment bonuses, respectively, Articles L. 524-1 and L. 524-5 of the Social Security Code in their drafting prior to the entry into force of Title I of this Act and L. 5133-1 of the Labour Code, not recovered on the date of June 1, 2009, may be recovered from the active solidarity income benefit established by this Act by the agency responsible for its payment or by the competent authority of the State under the conditions and limits laid down in articles L. 262-45 and L. 262-46 of the code of social action and of families in their drafting from this Act.
The same applies to undue payments of active solidarity income benefit paid under theArticle 20 of Act No. 2007-1223 of 21 August 2007 referred to above.
Within a period of three years from the publication of this Act, the Government shall convene a national conference, including representatives of the territorial authorities, trade union organizations of employees and representative employers at the national and inter-professional level, associations to combat exclusions and representatives of beneficiaries of active solidarity income for the purpose, on the one hand, of assessing the performance of active solidarity income and other social instruments and The conference finally analyses the effects of the system on the use of part-time in the merchant and non-market sectors.
An evaluation committee comprising representatives of the departments, the State, the National Family Allowance Fund, the Central Fund for Agricultural Social Mutuality, the institution mentioned at theArticle L. 5312-1 of the Labour Code, qualified personalities whose competence is recognized in the evaluation of public policies as well as representatives of the beneficiaries of active solidarity income, is responsible for preparing the work of this national conference.
Each year, until the meeting of the national conference referred to in the first paragraph, the committee shall give the Government and Parliament an interim assessment report. It is supplemented by a Government report which includes a comparative assessment of the effect of thearticle 1649-0 A of the general tax code and that of the III of theArticle L. 262-24 of the Code of Social Action and Familiesin terms of fairness and fiscal justice.
This law will be enforced as a law of the State.
Done in Paris, December 1, 2008.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of the Interior,
the overseas and territorial authorities,
Michèle Alliot-Marie
Minister of Economy,
industry and employment,
Christine Lagarde
The Minister of Immigration,
integration, national identity
and solidarity development,
Brice Hortefeux
Minister of Labour, Social Relations,
of the family and solidarity,
Xavier Bertrand
The Minister of Health,
youth, sports
and associative life,
Roselyne Bachelot-Narquin
Minister of Housing and City,
Christine Boutin
The High Commissioner
to the active solidarity against poverty,
Martin Hirsch
_______
(1) Preparatory work Act No. 2008-1249.
National Assembly :
Bill No. 1100;
Report of Mr. Marc-Philippe Daubresse, on behalf of the Committee on Cultural Affairs, No. 1113;
Notice of Mr. Laurent Hénart, on behalf of the Finance Committee, No. 1112;
Discussion on 25 and 30 September 2008 and 6 and 7 October 2008 and adoption, after an emergency statement, on 8 October 2008 (TA No. 188).
Senate :
Bill, adopted by the National Assembly, No. 7 (2008-2009);
Report of Ms. Bernadette Dupont, on behalf of the Social Affairs Committee, No. 25 (2008-2009);
Opinion of Mr. Eric Doligé, on behalf of the Finance Committee, No. 32 (2008-2009);
Discussion on 22-24 October 2008 and adoption on 24 October 2008 (TA No. 4).
National Assembly :
Bill, amended by the Senate, No. 1214;
Report of Mr. Marc-Philippe Daubresse, on behalf of the joint parity commission, No. 1232;
Discussion and adoption on 25 November 2008 (TA No. 210).
Senate :
Report of Ms. Bernadette Dupont, on behalf of the Joint Parity Commission, No. 77 (2008-2009);
Discussion and adoption on 27 November 2008 (TA No. 16).
