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Decree Of March 30, 2009, Approving The Implementation Agreements, Numbered From 1 To 21 And 23 To 25 Relating To The February 19, 2009 Convention On Unemployment Compensation

Original Language Title: Arrêté du 30 mars 2009 portant agrément des accords d'application numérotés de 1 à 21 et 23 à 25 relatifs à la convention du 19 février 2009 relative à l'indemnisation du chômage

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JORF no.0077 of 1 April 2009 page 5711
text No. 23



Order of March 30, 2009 approving the numbered implementation agreements from 1 to 21 and 23 to 25 relating to the Convention of February 19, 2009 on compensation for unemployment

NOR: ECED0907052A ELI: https://www.legifrance.gouv.fr/eli/arrete/2009/3/30/ECED0907052A/jo/texte


Minister of Economy, Industry and Employment,
Given the Labour Code, including articles L. 5422-20 to L. 5422-23, R. 5422-16 and R. 5422-17 ;
Considering the 19 February 2009 agreement on compensation for unemployment;
Considering the application by the signatory parties on 12 March 2009;
Considering the opinion published in the Official Journal of 14 March 2009;
Based on the advice of the National Employment Council of March 13, 2009, and on March 25, 2009, based on a report prepared by the Minister for Employment,
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Article 1 Learn more about this article...


Are made mandatory for all employers and all employees mentioned in theArticle L. 5422-13 of the Labour Codethe provisions of the Numbered Agreements 1 to 21 and 23 to 25 relating to the February 19, 2009 Convention on the Compensation of Unemployment, with the exception of the second dash of the fifth paragraph of the Numbered Agreement 19.

Article 2


The approval of the effects and sanctions of the agreements referred to in Article 1 shall be given for the validity of the agreement.

Article 3


The General Delegate for Employment and Vocational Training is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.



AGREEMENT D'APPLICATION N° 1 DU 19 FÉVRIER 2009
Determination of applicable regulations:
opening of rights, calculation of base salary


§ 1. The regulation used to assess the rights of a private employee of employment is, normally, the regulation under which the employee was placed by virtue of the activity that he exercised immediately before the last termination of the employment contract, subject to:
― that it fulfils the condition of work of membership or the duration of payment of contributions required by the regulations under consideration for services under this regulation;
―that if it fails to meet the previous condition, in the activity in question, it has carried out a minimum of hours of work in one or more companies under the plan, belonged for a minimum period of time to such enterprises, or performed services that have given rise to payment of contributions for a minimum period of time, this for the 3 months preceding the end of the contract of work taken into consideration for the opening of rights.
The minimum number of days of belonging so required is:
– 30 days for the application of the regulations and annexes I, VII and IX (Rubrical 1.2).
The number of hours of work required is:
151 hours for the application of regulations and annexes IV, V, VII and IX (Rubrical 1.2);
210 hours for the application of Appendix II, Chapter I and Appendix IX (Rubrical 2.2);
139 hours for the purposes of reference (1) of section 3 of the regulations;
- 30 days of administrative boarding is required for the purposes of Appendix II and Appendix IX (Rubrical 2.2);
- 45 vacations are required for the purposes of Appendix III;
― the minimum duration of the services for which contributions are to be paid is 30 days for the purposes of Appendix IX (Trub 2.1, 2.3).
If none of the foregoing conditions are met under the most recent activity, it is the last activity on which one of these conditions is met that determines the applicable regulations, provided that the time elapsed between the date of the termination of the employment contract, the reason for the termination of the activity so determined, and the time when the employee registers as an applicant for employment is less than 12 months.
The 12-month period in question is extended, if any, under the conditions set out in section 7 of the regulations.
§ 2. Once the applicable regulations are determined, consideration shall be given to the assessment of the terms and conditions of work or duration of membership, as a minimum period of time for payment of contributions, to the equivalences set out in paragraph 7 below.
§ 3. If, within the framework of the applicable regulations, the private employment employee does not meet the conditions for the opening of the rights referred to in the preceding paragraph, rights may be opened to the employee by taking into consideration, under the conditions provided for in the last paragraph of paragraph 1 of this application agreement, the last activity under which the provisions referred to in paragraphs 1 and 2 above are both satisfied.
§ 4. Where a private employee of employment is not eligible for the opening of a period of compensation or for the payment of the balance of a period of compensation, but may justify, in the light of the equivalence rules set out in paragraph 7 below:
– having completed 610 hours of work in one or more companies under the plan;
― or having belonged to such companies for 122 days in the course of:
28 months prior to the date of the termination of the employment contract is the result of the termination of activity under the plan, if it is under 50 years of age at the date of the termination of the employment contract,
or
―of the 36 months preceding the date of the termination of the employment contract is the result of the termination of the activity under the plan, if it is 50 years of age and older on the date of the termination of the employment contract.
It shall be open to it a period of compensation of 122 days, during which it shall receive the daily allowance of an amount equal to that referred to in the last paragraph of section 15 of the Regulation within the limits of the cap provided for in section 17, provided that the time elapsed between the time the person is in a position to benefit from the allowance and the date of the last termination of the employment contract taken into account is less than 12 months,
§ 5. When in the period taken into account for the calculation of the reference salary the employee had held several jobs under different regulations, the following rules apply to determine the salary:
(a) For periods of work under the regulations or schedules in which the remuneration for the periods concerned is taken into account, these shall be the remuneration that is deducted;
- for periods of work that fall under schedules in which the actual remuneration received during these periods is taken into account;
- for periods of work in Annex IX (rubrics 2.1, 2.3), these are wages corresponding to contributions made for those periods;
(b) The sum of these wages, after the application of sections 13 and 14 of the regulations or annexes, determines the reference wage and the reference daily wage.
§ 6. If the application of the provisions set out in the above paragraphs is as follows:
- to assess the rights of a private employee of employment in a regulation that does not correspond to that of which he or she usually reports;
― or to calculate the entitlements of a private employee of employment on the basis of substantially reduced remuneration in relation to his or her usual remuneration, it may be decided on his or her own behalf, or at the request of the individual employee, to compensate the employee by taking into account:
― the last job corresponding to its usual activity;
- or the last job in which he received remuneration that may be considered normal; this provision also applies where the activities carried out under the same regulation,
this subject to the fact that the termination of the employment contract, cause of termination of activity, has not occurred for more than 12 months at the date on which compensation fees have been opened or to the maximum for more than 15 months, if the person concerned has been in one of the situations referred to in Article 7 of the Regulations.
The above-mentioned deadlines are not applicable to the person aged 55 years or older when the contract of employment is terminated.
§ 7. For the application of the preceding paragraphs, 1 day of affiliation = 1 day of administrative boarding = 2 vacations = 1 day of contributions = 5 hours of work.
§ 8. When the activities taken into consideration for the opening of the rights are set out in Appendix VIII or Appendix X to the Regulation of Unemployment Insurance, the rights of the private employment worker are assessed according to the following provisions:
― the condition of affiliation is determined by totaling the hours of work performed under Annexes VIII and X respectively within 304 days and 319 days prior to the end of the contract of employment;
―the applicable regulation is that of the schedule that corresponds to the activities that made it possible to determine the most significant affiliation during the reference periods prior to the end of the employment contract.


AGREEMENT D'APPLICATION N° 2 DU 19 FÉVRIER 2009
PRICES FOR ARTICLE 18,
PARAGRAPH 1, OF THE REGULATION
Cumulating replacement income,
with an old age advantage


A private employee of employment who seeks to benefit from the benefits of the unemployment insurance plan, while he or she may claim to pay one or more old-age benefits, or other life-saving, direct, liquidated or liquidable replacement income, is entitled to an unemployment benefit calculated in accordance with the provisions of the regulations and its annexes, under the following conditions:
―before 50 years, the unemployment benefit is fully cumulative with the above benefit or benefits;
- between 50 years and 55 years old, the unemployment benefit is reduced by 25% of the above benefit or benefits;
between 55 and 60 years old, the unemployment benefit is reduced by 50% of the benefit or benefits referred to above;
– starting at age 60, the unemployment benefit is reduced by 75% of the benefit or benefits referred to above.
All the benefits of old age or other direct benefits of a viager, liquidated or liquidable character must be deducted from the allowance, the acquisition of which is made mandatory in the company.
In all cases, the amount obtained may not be less than the amount of the allowance referred to in section 15, last paragraph, within the limits set out in sections 16 and 17 of the Regulations.


AGREEMENT N° 3 OF 19 FEBRUARY 2009
Allocataire holding a military pension


Considering the Act No. 96-1111 of 19 December 1996 on measures for military personnel in the professionalization of the armed forces, it agreed to take the following provision of support:
Employees involuntaryly deprived of employment, under the age of 60, who benefit from a military pension, may, by derogation from the application agreement No. 2, receive the return to employment assistance allowance without reduction.


AGREEMENT N° 4 OF 19 FEBRUARY 2009
PRICES FOR ARTICLES 14, PARAGRAPH 5,
16, ALINEA 3, REGULATION
Seasonal unemployment

  • CHAPTER IER: DEFINITIONS



    § 1. Is seasonally unemployed the private employee of employment who exercised, in 2 of the 3 years preceding the end of his employment contract, a seasonal activity deemed to be such, as long as it is exercised in one of the following sectors of activity:
    - forestry operations;
    - leisure and holiday centres;
    professional sport;
    - seasonal activities related to tourism;
    - seasonal agricultural activities (collections, etc.);
    ― casinos and playground circles.
    § 2. It is also seasonal unemployed the private employee of employment who, in the last 3 years before the end of his employment contract, has experienced periods of inactivity each year at the same time.
    § 3. Exceptions.
    3.1. The provisions of this chapter are not enforceable to the private employee of employment who has never been paid for unemployment insurance.
    3.2. The provisions of this chapter are not enforceable to the private employee of employment who may claim the relic of a right for which this Agreement has not been applied.
    3.3. The provisions of Chapter I, paragraph 1, are not enforceable to the private employee of employment who has, in a form, engaged in seasonal activities.
    Is the exercise of seasonal activities that do not represent more than half of the condition of affiliation for the opening of rights under section 3 of the regulations or its annexes.
    3.4. The provisions of chapter I, paragraph 2, are not enforceable:
    (a) To a private employee of employment, aged 50 years or older, who justifies 3 years of effective membership to one or more companies in the last 5 years before the end of the employment contract;
    (b) A private employee of employment who has experienced periods of inactivity at the same time in 3 consecutive years due to undue circumstances related to the particular rate of activity followed by him or his or her employers.
    The fortuitousness of seasonal unemployment is retained if one or more of the following elements characterize the situation of the individual:
    a variety of sectors of activity in which the private employment worker worked;
    - a different nature or duration of contracts;
    ― multiplicity of the private employment worker's approaches whenever he found himself unemployed.
    Seasonal unemployment is considered as a fortuit when the seasonal periods referred to in chapter I, paragraph 2, do not exceed 15 days.

  • CHAPTER II: INDEMNISATION



    § 1. The amount of the reference daily wage retained for the determination of the return-to-employment benefit and calculated according to the provisions of the regulations or its annexes shall be affected by a reduction coefficient equal to the quotient of the number of days of affiliation in the last 12 months preceding the end of the employment contract by 365.
    2. For the calculation of the allowance, the coefficient so determined also applies to the minimum allocation and the fixed part provided for in section 15 of the Regulation.


    AGREEMENT N° 5 OF 19 FEBRUARY 2009
    PRICES FOR ARTICLES 13 AND 14
    REGULATION


    Cases of employees who were more than a reduced activity in their business or received only a reduced salary on the eve of the termination of their employment contract
    The reference wage taken into account in setting the amount of the daily allowance is based on the remuneration used to calculate contributions for the 12 calendar months prior to the last day of work paid to the individual.
    § 1. However, when an employee:
    (a) Agreed to work part-time under a part-time transit assistance agreement concluded pursuant to articles R. 5123-40 and R. 5123-41 of the Labour Code and has been terminated or the contract of work has been the subject of a conventional rupture within the meaning of articles L. 1237-11 et seq. of the Labour Code during the period of 2 years corresponding to the implementation of the device or at the end of that period;
    (b) A accepted the benefit of a progressive pre-retirement convention referred to informer article R. 322-7 of the Labour Code and has been terminated or the contract of work has been the subject of a conventional breach within the meaning of articles L. 1237-11 et seq. of the Labour Code during the application of the agreement;
    (c) Have been authorized by social security to resume part-time employment by remaining indemnified for daily allowances, pursuant toArticle L. 433-1, paragraph 3, of the Social Security Code and was terminated or the contract of work was the subject of a treaty break within the meaning of articles L. 1237-11 and following of the Labour Code during that period;
    (d) A benefited from part-time parental education leave targeted to Articles L. 1225-47 to L. 1225-60 of the Labour Code or parental leave provided for articles L. 1225-62 to L. 1225-65 of the same code and has been terminated or the contract of employment has been the subject of a treaty break within the meaning of articles L. 1237-11 et seq. of the Labour Code during that leave;
    (e) A benefited from a career termination leave or an early termination of activity, provided for by a collective agreement or agreement, and was terminated or the contract of work has been terminated conventionally within the meaning of sections L. 1237-11 and following of the Labour Code during such leave or the period of early termination of activity;
    (f) Was compensated for partial unemploymentArticle L. 5122-1 of the Labour Code and was terminated or the contract of work was the subject of a treaty break within the meaning of articles L. 1237-11 and following of the Labour Code during that period;
    (g) A benefited from a part-time work period for the creation or resumption of business in application of Articles L. 3142-78 to L. 3142-80 of the Labour Code and was terminated or the contract of employment was the subject of a conventional break within the meaning of articles L. 1237-11 and following of the Labour Code during that period.
    It may be decided on an ex officio basis or at the request of the Allator to retain as a reference salary, for the calculation of the allowances, the remuneration received or related to the period immediately preceding the date on which the situation ceased to be considered normal.
    § 2. The same is true when an employee has been in one of the following situations and to the extent that they have not extended beyond one year:
    (a) Either accepted, because of the exceptional situation in which his business was located (judicial-judicial litigation), to continue to carry on an activity following a reduced work schedule that has ceased to be compensated for partial unemployment, the contingent of compensable hours as such is exhausted;
    (b) Either agreed to continue to exercise its activity following a reduced work schedule decided at the level of a production unit by a collective agreement or agreement concluded due to economic difficulties;
    (c) Either accepted, as a result of an illness or accident, in the company where it was previously occupied, new functions less paid than previous ones;
    (d) Either accepted, following economic difficulties, and pursuant to a collective agreement, to exercise the same activity according to the same schedule, in return for a reduced salary.


    AGREEMENT N° 6 OF 19 FEBRUARY 2009
    PRICES FOR The ARTICLE APPLICATION 14,
    PARAGRAPH 3, REGULATION
    Increases


    § 1. The amount of replacement income paid to a private employee of employment must be in relation to the remuneration that the employee normally received during the period of work used as a reference to the calculation of the amount of replacement income.
    As such, the remuneration or increases resulting in their principle and amount shall be taken into account in the reference salary:
    – legislative or regulatory provisions, the provisions of a collective agreement or agreement or a unilateral decision to revalue general wages in the company or establishment during the reference period;
    - the transformation of a part-time employment contract into a full-time employment contract, or, more generally, an increase in working time, a change of employer, a promotion or attribution of new responsibilities effectively exercised.
    § 2. The increases in pay during periods of leave and period of notice and which are not explained by one of the causes referred to in paragraph 1 are not considered in the reference salary.
    Other pay increases identified during the reference period that are not explained by any of the causes referred to in paragraph 1 may only be taken into account by a favourable decision of the regional parity proceeding.


    AGREEMENT N° 7 OF 19 FEBRUARY 2009
    PRICES FOR THE APPPLICATION OF ARTICLE 16,
    1 TIRET, REGULATION
    Part-time work


    Pursuant to Article 16, where the private employment employee exercised his or her activity on a schedule less than the legal period in respect of him or her or the period established by a collective agreement or agreement, the amount of the fixed part referred to in Article 15, 2nd dash, and the amount of the minimum allowance provided for in the last paragraph of this Article shall be affected by a reduction factor.
    This coefficient is equal to the quotient obtained by dividing the number of hours of work corresponding to the time of the person concerned during the period used to calculate the reference salary by the legal schedule or the schedule of the agreement or collective agreement corresponding to the same period.


    AGREEMENT N° 8 OF 19 FEBRUARY 2009
    PRICES FOR THE APPPLICATION OF ARTICLE 21,
    PARAGRAPH 3, REGULATION
    Compensation costs


    For the calculation of the deferral of compensation referred to in section 21, subsection 1 and subsection 2, all work contract purposes within the 91 days preceding the last termination of the employment contract shall be taken into account.
    The allowances paid for each of these work contract purposes are the result of the calculation of deferred compensation that begin to run the day after each of these work contract purposes.
    The applicable delay is the one that expires later.


    AGREEMENT N° 9 OF 19 FEBRUARY 2009
    PRICES FOR The ARTICLE APPLICATION 9,
    PARAGRAPH 1, OF THE REGULATION
    End-to-end activities and undue benefits


    § 1. The activities reported at the end of each month are considered to be regularly reported and subsequently certified by the sending of a pay slip (s).
    § 2. Undue benefits are paid for unreported business days.
    § 3. In addition, where the unreported activity period is longer than 3 calendar days in the calendar month in question, it is not considered for the search for affiliation for readmission under section 9, paragraph 1, and the corresponding remuneration is not included in the reference salary.


    AGREEMENT N° 10 OF 19 FEBRUARY 2009
    PRICES FOR THE APPPLICATION OF ARTICLE 24,
    DERNIER ALINÉA, DU REGULATION
    Advances and advances


    § 1. Counts.
    Benefit deposits correspond to partial payments to be claimed on the amount of an amount due to normal maturity.
    In the course of months, a deposit may be paid to the individual on his or her application.
    This deposit corresponds to the number of compensable days multiplied by the daily amount of the allowance served to the individual.
    § 2. Advances.
    The advances on benefits provided for in section 24 of the Regulations are, at the end of a preliminary calculation, the payment of an amount made prior to the transfer by the individual contractor of the proof of his or her salary received in the course of a professional activity within the meaning of sections 28 to 32 of the Regulations.
    The amount of the advance shall be calculated on the basis of the remuneration declared by the allotted party in accordance with the terms set out in section 28, paragraph 2, of the by-law and on the basis of the net daily amount of the allowance served to the individual.


    AGREEMENT N° 11 OF 19 FEBRUARY 2009
    PRIS FOR THE APPLATION OF ARTICLE 32 OF THE REGULATION
    Non-employed professional activity


    The terms and conditions for the cumulative return-to-employment benefit with remuneration provided by the exercise of a non-earmarked work activity are those of sections 28 to 32 of the regulations, subject to the following adjustments.
    For the purposes of section 30, second paragraph, the number of days indemnified during the calendar month is equal to the difference between:
    the number of calendar days of the month,
    and
    ― the number of days corresponding to the quotient of compensations declared under social insurance by the reference daily wage.
    For creators or business owners placed under the microsocial regime, including self-entrepreneurs, the remuneration referred to in the preceding paragraph corresponds to the turnover to which the lump sum for professional costs is applied.Article 50-0 of the General Tax Code.
    For allocataries aged 50 and older, this quotient is affected by a minoration coefficient equal to 0, 8.
    Annual regularization is carried out on the basis of actual remuneration for social security contributions.
    For self-entrepreneurs and individual entrepreneurs under the microsocial regime, there is no regulation.


    AGREEMENT N° 12 OF 19 FEBRUARY 2009
    PRIS FOR THE APPLETION OF ARTICLE 40 OF THE REGULATION
    Cases subject to review of the circumstances of the species


    The Regulations annexed to the February 19, 2009 Agreement on Unemployment Compensation, its Annexes and Implementing Agreements have, in several situations, that the response to a claim for benefits presupposes a review of the circumstances of the case.
    The purpose of this Agreement is to list the categories of cases in which the regulation requires a particular review and to set out the circumstances that must be taken into consideration by the bodies authorized to decide.
    Once the allowance is granted, the allowances are calculated and paid according to the rules of common law.
    1. Voluntary departure of a previously occupied job.
    The employee who has voluntarily left his or her employment, and whose unemployment status extends against his or her will, may be admitted to the benefit of the allowances provided that the following conditions are met:
    (a) The employee must have left the job, under which the allowances have been refused, for at least 121 days;
    (b) It must meet all the conditions under which the regulation requires the opening of a period of compensation, except as provided for in section 4 (e);
    (c) Finally, he must provide evidence of his active employment research, as well as his possible short-term job retrievals and his steps to undertake training activities.
    The starting point for the payment of the allowances so granted is set on the 122nd day after the end of the employment contract for which the allowances were refused under section 4 (e) and cannot be preceded by the registration as an applicant for employment.
    The 121-day period is extended by periods indemnified for daily social security allowances of at least 21 consecutive days.
    The starting point for the payment of the allowances is shifted from the corresponding number of days and cannot be preceded by the registration as a job applicant.
    The examination of this situation is carried out at the request of the individual.
    § 2. Cases of appreciation of increased remuneration.
    In accordance with the last paragraph of paragraph 2 of the application agreement No. 6 relating to increased remuneration, the regional joint proceeding shall determine the appropriateness of taking into account in the reference salary, the increases in remuneration other than those referred to in paragraph 1 and the first paragraph of paragraph 2 of the above-mentioned application agreement.
    The examination of this situation is carried out at the request of the individual.
    § 3. Cases of unemployment without termination of employment contract.
    In the case of a temporary termination of the activity of an establishment or part of an institution, the unemployed persons in total of that fact, for at least 42 days, without their contract of work having been broken, may be entitled to the benefit of the allowances in accordance with Article 11, paragraph 2, of the Regulation for a period equal to 182 days.
    To make its decision, the regional parity proceeding has a broad discretionary power. It is seized when the following conditions are met:
    - the applicant must meet the conditions set out in sections 3 and 4 of the Regulation, except for the termination of the employment contract;
    ― Unemployment must result from the temporary cessation of activity of an institution or part of an institution and therefore involve a well-differentiated group of employees assigned to the same activity and for which there is a prospect of resumption of work.
    The payment decision:
    ― cannot in any case result in the payment of benefits from a date prior to the 15th day of unemployment, but the starting point of this payment may be later;
    ― cannot be extended as soon as employees whose activity is suspended cease to be considered in search of a job within the meaning of Articles R. 5122-8 and R. 5122-9 of the Labour Code.
    § 4. Appreciation of certain conditions of opening rights.
    It is the responsibility of the regional parity body to decide on the rights of the persons concerned, the regulations applicable to the calculation of these rights, in cases where, on the occasion of the instruction of a file, one of the following questions arise:
    (a) Absence of the employer's attestation to assess whether the conditions of work or membership are met;
    (b) Appreciation of these same conditions in the cases of employees working in the task;
    (c) Challenges on the nature of the previous activity;
    (d) acknowledging the existence of a subordination link, a characteristic element of the labour contract.
    § 5. Maintenance of benefits.
    The continued payment of the allowances under section 11, paragraph 3, of the regulations may be granted, by a decision of the regional parity proceeding, to allocates:
    1. For which the termination of the employment contract which allowed the opening of the rights to allowances occurred as a result of a resignation;
    2. Licensees for economic reasons who, although listed on the nominative list of persons likely to join an FNE agreement (list established for the application of thearticle R. 5123-12 to R. 5123-21 of the Labour Code), opted for the unemployment insurance system.
    § 6. Unduly received benefits and benefits.
    Persons who have unduly perceived all or part of the allowances and/or benefits or who have knowingly made inaccurate declarations or presented false certificates in order to obtain the benefit or continuation of the service of the benefits must reimburse the unemployment insurance unduly collected by them, without possibly prejudice to the criminal sanctions resulting from the application of the legislation in force.
    Interested parties may request a remission of debt from the regional parity proceeding referred to in section 40 of the regulations.
    The time limit for appeal is one month; it runs from the notification of the undue.
    § 7. Late increases and penalties and payment times.
    Remittances of delays and penalties and time limits for payment of contributions under section 53 of the Regulations are granted by regional parity bodies on employer appeal.


    AGREEMENT N° 13 OF 19 FEBRUARY 2009


    PRIS FOR THE APPROACHEDITION OF THE CONDITION OF THE REGULATION, S ANNEXES AND AGREEMENTS OF APPROACH
    Employment applicants whose civil registration documents refer only to the year of birth, without months or ash, are deemed to have been born on December 31, for the purposes of the provisions of the regulations annexed to the February 19, 2009 Convention on the Compensation of Unemployment, Annexes and Implementing Agreements, which presuppose that the applicant's age is known accurately.
    However, job seekers of Greek or Turkish nationality are considered born on 1 July if their month of birth is unknown.
    If only the year and month of birth are known, these persons are considered born on the 1st day of the month of birth.


    AGREEMENT D'APPLICATION N° 14 DU 19 FÉVRIER 2009
    PRICES FOR ARTICLES 2,
    4 (e), AND 9, PARAGRAPH 2 (b), OF THE REGULATION
    Cases of resignation considered legitimate


  • CHAPTER IER:



    § 1. Is deemed legitimate to resign:
    (a) An employee under the age of 18 who breaks his employment contract to follow his or her ascendants or the person who exercises parental power;
    (b) An employee who breaks his employment contract to follow his spouse who changes places of residence to practise a new job, employee or non-employed.
    The new job may include:
    ― be occupied as a result of a change in a business;
    ―be the consequence of an employer change decided by the individual;
    ― correspond to the entry into a new business by a worker who was previously deprived of activity;
    (c) An employee who breaks his employment contract and whose departure is explained by his marriage or the conclusion of a civil pact of solidarity resulting in a change of place of residence of the person concerned, provided that less than 2 months go between the date of resignation or the termination of the employment contract and the date of marriage or the conclusion of the civil pact of solidarity.
    § 2. It is deemed legitimate the termination, on the initiative of the employee, of a employment-solidarity contract or of a contract of insertion by activity, of a youth employment contract for a new job or to follow a training action.
    Is also deemed legitimate the termination, on the initiative of the employee, of a fixed-term employment contract (CIE), of an employment support contract (CAE), of a future contract (CA), of a contract insertion-revenue minimum of activity (CIRMA) or of a single contract to qualify for employment under a fixed-term contract of at least 6 months orarticle L. 6314-1.
    § 3. Is deemed legitimate for the purposes of Article 9, paragraph 2, the voluntary departure of the last employee employment activity.
    This presumption applies in the Schedules to the Regulations with the exception of Annexes VIII and X.

  • CHAPTER II:



    Disruptions on the initiative of the employee in the following situations are also considered legitimate:
    § 1. The resignation for non-payment of wages for work periods, provided that the employee justifies a referral order granting him a provision of sums corresponding to salary arrears.
    § 2. The resignation that occurred as a result of an act likely to be criminal, which the employee claims to have been a victim during the performance of his employment contract and for which he justifies having filed a complaint with the public prosecutor.
    § 3. The resignation because of a change of residence justified by a situation where the employee is a victim of domestic violence and for which he justifies having filed a complaint with the public prosecutor.
    § 4. An employee who, after termination or termination of a fixed-term employment contract that did not result in registration as an employment applicant, undertakes an activity to which he voluntarily terminates during or after a period not exceeding 91 days.
    § 5. The employee who justifies 3 years of continuous affiliation within the meaning of Article 3 and who voluntarily leaves his employment to resume an indeterminate employee activity, realized by an effective hiring, to which the employer terminates before the expiry of a period of 91 days.
    § 6. When the so-called "couple or indivisible" employment contract contains an automatic termination clause, the termination of the employment contract is deemed legitimate if the employee leaves his employment because of the termination or retirement of his or her spouse by the employer.
    § 7. The resignation of the employee motivated by one of the circumstances referred to inArticle L. 7112-5 of the Labour Code provided that there has been an effective payment of the allowance provided for Articles L. 7112-3 and L. 7112-4 of the Labour Code.
    § 8. The employee who leaves his or her employment to conclude one or more contracts of volunteering international solidarity for one or more missions of volunteering international solidarity or a contract of volunteering associative for one or more missions of volunteering associative for a minimum continuous period of one year.
    This provision also applies where the mission was interrupted prior to the expiration of the continuous minimum period of one year of commitment initially provided by the international solidarity volunteer contract.
    § 9. The employee who has left his employment, and has not been admitted to the benefit of the allowance, to create or resume a company whose activity has given rise to the advertising formalities required by the law, and whose activity ceases for reasons beyond the will of the creator or the registrant.


    AGREEMENT N° 15 OF 19 FEBRUARY 2009
    PRICES FOR THE APPPLICATION OF ARTICLE 25,
    PARAGRAPH 2 (a) OF THE REGULATION
    Discontinuation of benefits
    for people reaching retirement age


    Section 25, paragraph 2 (a), provides that the benefit service shall be interrupted from the day on which the employee " ceases to meet the conditions set out in section 4 (c) of the regulations".
    Noting that social security old-age pensions take effect at the earliest opportunity for those who are at the age of 60:
    – total 160 quarters within the meaning of Articles L. 351-1 to L. 351-5 of the Social Security Coderegardless of the date of birth;
    - on the first day of the calendar month following the month of birth;
    or
    ― the day corresponding to the day of birth if it is the first day of a calendar month;
    – it is decided to interrupt on the eve of these same days, the payment of unemployment insurance benefits in order to avoid any discontinuity in the payment of these various social benefits.
    For the same reason, it is on the eve of the first day from which the payment of the old-age pension must be effected that the term of the payment of the allowances by the unemployment insurance scheme must correspond:
    either, after the age of 60, when the persons concerned justify 160 quarters;
    - at age 65.


    AGREEMENT N° 16 OF 19 FEBRUARY 2009
    ANNEX IV MODALITIES TO REGULATION
    Conference interpreters


    Considering the special conditions of employment of conference interpreters, who are obliged to devote time to the preparation of a conference and whose remuneration takes into account both the preparation time, but also the time of participation in the conference.
    It is decided to adopt the equivalence rules set out below.
    For the search for the opening conditions set out in Article 3, the following rule is fixed: 1 hour equals 3 hours.
    For the determination of the reference daily salary used to calculate the allowance, the following equivalence rule is fixed: 1 day equal to 3 days.


    AGREEMENT N° 17 OF 19 FEBRUARY 2009
    PRICES FOR THE APPPLICATION OF ARTICLE 11,
    PARAGRAPH 3, REGULATION
    Determination of periods assimilated to periods of employment


    For the search for the condition of affiliation provided for in Article 11, paragraph 3, of the Regulation, are equal to periods of employee employment:
    1. Without limit: periods of work completed before 3 July 1962 in Algeria and before 31 December 1956 in Morocco and Tunisia.
    2. Within 5 years: the periods for which old-age insurance contributions were purchased under the Act of 10 July 1965, for activities carried out outside the metropolitan area by expatriate employees who are otherwise authorized to subscribe to voluntary insurance.


    AGREEMENT N° 18 OF 19 FEBRUARY 2009
    PRICES FOR ARTICLES 13,
    14 AND 43 OF THE REGULATION


    § 1. By derogation from section 43 of the Regulation, contributions may be based on remuneration reconstituted on the basis of a salary for full-time work, for part-time employees, where an extended collective agreement provides and when the Social Partners decide to implement this exemption.
    This exemption removes employees of metalworking companies applying the Agreement of 7 May 1996 on the development and duration of work with a view to promoting amended employment.
    § 2. The reference wage taken into account to determine the amount of the unemployment benefit is based on the reconstituted remuneration referred to in § 1st, which was used to calculate contributions for the 12 calendar months prior to the last day of work paid to the interested party, provided that the termination of employment contract occurs within 2 years of the transformation of full-time employment into part-time employment.


    AGREEMENT N° 19 OF 19 FEBRUARY 2009
    PRICES FOR ARTICLES 9, PARAGRAPH 3,
    AND 21 OF THE REGULATION AND
    Treatment of employees who use
    the system of capitalization


    Employees who, in the context of conversion agreements concluded under the articles R. 5111-2, R. 5123-2 and R. 5123 (3°) of the Labour Code, use the possibility that they are offered to receive money under the capitalization scheme may not benefit from a replacement income under the Unemployment Insurance Plan established by the February 19, 2009 agreement only upon the expiration of a deferred function of the time remaining to run until the date that would have been that of the end of the payment of the conversion leave allowances if they had been paid in a manner The duration of this deferral is half of the number of days during which the conversion leave contract could have continued, rounded as appropriate, to the entire number.
    This calculated deferral applies from date to date.
    The starting point of this deferral is the day of the capitalization's taking effect.
    The completion, during the period covered by the deferred, of employee or non-employed activities, the execution of internships during that period, social security care for health insurance does not defer the term of the deferred.
    The deferral calculated under the above-mentioned conditions shall be deemed to have completed its term on an ex officio basis when, for functions performed after the date of the termination of the employment contract following the capitalized payment application, which corresponds to the date of the deferral's departure, the employee opens new rights by at least justifying:
    122 days of affiliation or 610 hours of work within 28 months; or
    - 182 days or 910 hours if new rights are opened within 12 months of the first opening of rights.
    On the other hand, if, for post-confirmation duties, an opening of duties is requested, which can only be granted by retaining services in the first of these two activities, a deferral is calculated according to the rules set out above, the starting point for the deferral shall remain as of the end of the first of the two contracts.
    Section 9, paragraph 3, of the Regulations applies even if the allowance was not actually paid for the first termination of the employment contract.
    In the event of a deferred death, the deferred person is paid the amounts set out in section 35 of the regulations.


    AGREEMENT D'APPLICATION N° 20 DU 19 FÉVRIER 2009
    PRICES FOR ARTICLE 4 (a)
    REGULATION
    Salaries dismissed on individual training leave


    Considering that the training of employees dismissed on individual training leave is conducive to their professional reintegration.
    Such training may be continued subject to the following conditions:
    ―that the individual registers as an employment applicant;
    – whether the training is validated by Pôle emploi or any other organization participating in the public employment service as part of the personalized job access project.


    AGREEMENT D'APPLICATION N° 21 DU 19 FÉVRIER 2009
    PRICES FOR ARTICLE 4 (e) OF THE REGULATION


    For the purposes of Article 4(e) of the Regulation, the days of reduction of the working time not taken by the employee shall be taken into account, having given rise to the payment of the additional rest compensatory allowance within the framework of the reduction of the working time, for periods of employee activities after the voluntary departure.


    AGREEMENT N° 23 OF 19 FEBRUARY 2009
    PRICES FOR THE APPLATION OF ARTICLES 50
    AND 51 OF THE REGULATION
    Delays and penalties


    § 1. Delays.
    Contributions that are not paid on the deadlines for due diligence, as well as those that remain due after the yearly regularization declaration is issued, are subject to delay increases, in accordance with the terms and rates set out below:
    It is applied:
    – a 10% increase in the amount of contributions that have not been paid on the deadlines for due diligence. This increase is applicable once between the first day after the due date of contributions and the last day of the third month following that same date. The increase is due for this quarterly period as determined, even if it is incomplete;
    – delay increases set at 2% per quarter from the 1st day of the 4th month following the due date of contributions. These delay increases are calculated by quarterly period; they are due for any quarterly period as determined, even if incomplete.
    § 2. Penalty for non-return of annual regularization declaration.
    The penalty provided for in section 51, for non-return of the annual regulation declaration within the prescribed time limits referred to in section 45 of the regulation, is set at 7, 5 euros per employee and per month, capped at 750 euros per month of delay.


    AGREEMENT N° 25 OF 19 FEBRUARY 2009
    PRINCIPLES FOR THE APPLETION OF ARTICLE 34 OF THE REGULATION
    Support for business recovery or creation


    §1.The assistance for the resumption or creation of a company shall be granted, upon request, to the allotted person in his capacity as a rebrander or company creator as defined to the individualArticle R. 5141-2 of the Labour Code.
    The creative or corporate repreneur allocatary must justify obtaining assistance to creative unemployed or corporate reprenators (ACCRE), aimed at theArticle R. 5141-1 of the Labour Code.
    In the DOM, allocatories benefiting from the exemption of contributions and contributions provided by theArticle L. 756-5 of the Social Security Code, for a period of twenty-four months, are exempted from justifying the obtaining of the CABRE.
    § 2. The total amount of assistance is equal to half of the amount of the remaining rights:
    – either on the day of creation or corporate recovery;
    either, if this date is later, on the date of obtaining the CABRE.
    Aid gives rise to two equal payments:
    ― the first payment of the aid shall be made at the earliest of the date on which the individual collects all the terms and conditions for the allocation of the assistance, provided that the individual ceases to be registered on the list of job seekers;
    ―the second payment of the aid comes 6 months after the date of creation or resumption of business provided that the person concerned certifies, at that time, that he or she continues to carry out his or her professional activity as part of the creation or resumption of business under which the assistance was granted.
    § 3. The request for assistance in accordance with a national model agreed by the Unédic is dated and signed by the repreneur or business designer.
    § 4. The length of time the amount of assistance is charged to the balance of the rights remaining on the day of the first aid payment.
    Thus, if the person concerned again seeks the benefit of the return-to-employment aid allowance, the remainder of the rights opened under the previous admission is reduced by the number of days corresponding to the quotient, which was determined by the whole number, resulting from the ratio between the gross amount of the assistance to the resumption or creation of a paid company and the gross daily amount of the return-to-return aid allowance.


Done in Paris, March 30, 2009.


For the Minister and by delegation:

Le delegate général à l'emploi

and vocational training,

B. Martinot


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