Key Benefits:
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,
Stop it!
Are made mandatory for all employers and all employees mentioned in theArticle L. 5422-13 of the Labour Codethe provisions of the Agreements relating to Schedules I to XII to the General Regulations annexed to the Agreement of 19 February 2009 relating to the Compensation of Unemployment, with the exception of Article 9 of Schedule I to the above-mentioned General Regulations, of Article 9 of Chapter 1 of Schedule II to the above-mentioned General Regulations, of Chapter 2 of Schedule II to the above-mentioned General Regulations, of Article 9 of Schedule III
The approval of the effects and sanctions of the agreements referred to in Article 1 shall be given for the validity of the agreement.
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.
A N N E X E I
TO THE GENERAL REGULATION OF THE CONVENTION OF 19 FEBRUARY 2009
VRP, journalists, civil aviation personnel, maternal assistants and family assistants, lumberjacks, paid agents at the commission
The provisions of this annex apply to employees who, as a result of their conditions of employment, the nature of their activity, receive variable remuneration, and do not fall within one of the other annexes to the regulations.
This is how:
― travellers representatives who hold the professional identity card referred to in Articles L. 7311-3 to L. 7313-18 of the Labour Code ; are assimilated to this category workers deprived of employment to whom rights are opened for functions which were actually performed under the conditions set out in the above-mentioned articles and which gave rise to remuneration essentially constituted by commissions;
– assimilated journalists and personnel, holders of the professional identity card covered by theArticle L. 7111-6 of the Labour Code and bound by labour contract to one or more press companies;
– Civil aviation personnel defined by the Articles L. 421-1 et seq. of the Civil Aviation Code ;
- maternal assistants and family assistants articles L. 423-1 et seq. of the Code of Social Action and Familiesemployed by legal persons of private law;
– lumberjacks;
―electors - auditors - negotiators - chiefs of service and more generally paid agents to the commission, referred to in the national collective agreement of the staff of the directors of property, real estate companies and real estate agents of 9 September 1988 extended by order of 24 February 1989, updated by order number 26 of 22 March 2004, extended by order of 13 April 2005.
For its application to the employees defined above, the Regulations annexed to the Convention of 19 February 2009 on compensation for unemployment are amended as follows:
Article 3
Section 3 is amended to read:
"Private employees must justify a period of affiliation corresponding to periods of employment in one or more companies entering the scope of the unemployment insurance plan.
For employees under 50 years of age at the end of their employment contract, the period of affiliation must be at least 122 days in the 28 months preceding the end of the employment contract (term of notice).
For employees aged 50 years and older on the date of the termination of their employment contract, the period of affiliation must be at least 122 days in the 36 months preceding the termination of the employment contract (term of notice).
The periods of suspension of the contract of work are retained for a day of affiliation per day of suspension.
The training activities referred to in Books III and IV of the sixth part of the Labour Code, with the exception of those paid by the unemployment insurance scheme, are assimilated to days of affiliation within two thirds of the number of days of affiliation which the private employee of employment justifies in the reference period.
The last day of February is counted for 3 days of affiliation.
However, the periods of suspension of the work contract resulting in the exercise of a professional activity excluded from the scope of the plan are not taken into account, with the exception of those exercised within the framework of the Articles L. 3142-78 to L. 3142-80 and L. 3142-91 of the Labour Code. »
Article 4
Section 4 (e) is amended to read:
“e) Not having voluntarily left, unless provided for by an application agreement, their last employee work activity, or an employee work activity other than the last, provided that, since the voluntary departure, it cannot be justified from a period of affiliation of at least 91 days. »
Article 9
The second paragraph of paragraph 1 of Article 9 is amended to read:
"However, the opening of a new period of compensation, within 12 months of the first opening of rights, when it was made on the basis of 122 days of affiliation or 610 hours of work, is subject to a new duration of affiliation of 182 days or 910 hours. »
Article 13
Section 13 is amended to read:
Ҥ1. The reference wage taken into account in setting the amount of the proportional portion of the daily allowance shall be established, subject to section 14, from the remuneration in the amount of the contributions actually received in the 12 calendar months prior to the end of the employment contract in the event of notice made or before the first day of the period of notice not made, provided that they have not already served for a previous calculation.
In the latter case, at the request of the individual, the period for the calculation of the reference salary may be the 12 calendar months preceding the end of the employment contract (1).
§ 2. The reference wage so determined cannot exceed the sum of the monthly wages capped in accordance with section 43 and included in the reference period.
Article 14
Paragraphs 1, 2 and 4 of Article 14 are amended to read:
Ҥ1. Only remuneration received during the reference period shall be taken into account in the reference salary, regardless of whether or not they are related to that period.
§ 2. Excludes: compensation for paid leave, notice or non-concurrence allowances, customer allowances, subsidies and disbursements that are granted by the employer as part of a housing ownership transaction and, where applicable, termination allowance or severance allowance or specific allowance.
Generally, all amounts that do not find their counterparty in the normal performance of the employment contract are excluded.
§ 4. The average daily reference wage is equal to the quotient of the reference salary defined above by the number of days of plan membership within the scope of this schedule, within 365 days.
The days during which the worker did not belong to a business, the days of absence not paid and, in general, the days that did not give rise to normal remuneration within the meaning of the preceding paragraph are deducted from the days of belonging. »
Article 16
Section 16 is amended to read:
"The minimum allowance and the fixed portion of the return-to-employment benefit referred to in section 15 are reduced proportionally to the number of days of affiliation in the last 12 months, for the person in seasonal unemployment within the meaning and terms defined by an application agreement. »
A N N E X E I
TO THE GENERAL REGULATION OF THE CONVENTION OF 19 FEBRUARY 2009
Marine navigators, marine fishermen
The provisions of this annex shall apply to merchant navigators:
- shipping companies;
- marine construction companies;
- other companies that have a private fleet to carry out such transport or work under the conditions defined in Chapter 1.
They are also applicable to fishermen connected to a shipowner to serve on board a ship under a contract of maritime undertaking and that fall under the employee section (section I) of the cash pool of family allowances, i.e.:
- paid at the guaranteed minimum wage; or
- paid by and who sailed:
“1. On a vessel of a length of more than 25 metres, regardless of tonnage, if the raw gauge certificate was issued after December 31, 1985;
2. On a boat of 50 barrels or more, regardless of length, if the certificate of raw gauge was issued before January 1, 1986;”
under the conditions defined in Chapter 2.
For its application to the employees defined above, the general regulation annexed to the February 19, 2009 convention on unemployment compensation is amended as follows:
Chapter 1
Merchant navigating personnel
Article 1
Paragraph 1 of Article 1 is amended to read:
"Aircraft personnel, whose contract of maritime engagement (2) has ended, are entitled to the return-to-employment assistance allowance, if they meet, among one or more shipowners entering the plan's field of application, conditions of activity known as periods of affiliation, as well as conditions of age, physical fitness, unemployment, registration as jobseekers, search for employment.
Article 3
Section 3 is amended to read:
"Private navigating personnel must justify a period of affiliation corresponding to periods of employment performed by one or more shipowners entering the scope of the unemployment insurance scheme.
For employees under 50 years of age on the date of termination of their maritime contract, the period of affiliation must be at least 122 days of administrative boarding or 840 hours of work in the 28 months preceding the date on which the shipowner's obligations under the maritime contract have been terminated.
For employees aged 50 years and older on the date of the termination of their maritime contract, the period of affiliation must be at least 122 days of administrative boarding or 840 hours of work during the 36 months preceding the date on which the shipowner's obligations under the maritime contract have been terminated.
The number of hours taken into account in the search for the required affiliation period is within the limits provided by theArticle L. 3121-35 of the Labour Code.
Periods of suspension of the contract of maritime engagement shall be held on the basis of a day of affiliation per day of suspension or, where the term of affiliation is calculated in hours, at 7 hours of work per day of suspension.
The training activities referred to in Books III and IV of the sixth part of the Labour Code, with the exception of those paid by the Unemployment Insurance Plan, are assimilated to hours of work or, at 7 hours of training for one day, to days of administrative boarding within two thirds of the number of hours or days of administrative boarding which the private employee of employment justifies in the reference period.
The last day of February is counted for 3 days of administrative boarding or for 21 hours of work.
However, the periods of suspension of the work contract resulting in the exercise of a work activity excluded from the scope of the plan are not taken into account, with the exception of those exercised under sections L. 3142-78 to L. 3142-80 and L. 3142-91 of the Labour Code. »
Article 4
Section 4 is amended to read:
"Aircraft personnel justifying an affiliation period as provided for in section 3 of Chapter 1 of this Schedule shall:
(a) Being registered as job seekers under the conditions set out informer article R. 742-38 of the Labour Code maintained in force by Article 10 of Decree No. 2008-244 of 7 March 2008 relating to the Labour Code or carrying out a training action included in the personalized job access project;
(b), (c), (d) Without change from the general rules;
(e) Not having voluntarily interrupted, unless otherwise provided by an application agreement, the last maritime contract or an earlier maritime contract of engagement, provided that from this voluntary departure it cannot be justified from the completion of at least 91 days of administrative boarding or at least 630 hours of work;
(f) No change from the general rules. »
Article 6
Section 6 is amended to read:
First paragraph without change from the general rules.
Second paragraph without change from the general rules.
"The starting point for 42 days is the last day of administrative boarding. »
Article 9
The second paragraph 1 of Article 9 is amended to read:
"However, the opening of a new period of compensation, within 12 months of the first opening of fees, when it was carried out on the basis of 122 boarding days or 840 working hours, is subject to a new duration of 182 boarding days or 1,260 hours. »
Article 21
Section 21 is amended to read:
Ҥ1. The support is carried forward as soon as the day after the day the shipowner's obligations were terminated as a result of the maritime contract.
If all or part of the compensation for paid leave is paid after the end of the maritime contract that has opened rights, the individual and the employer are obligated to make the declaration. Allowances which, therefore, should not have been collected by the interested party must be refunded.
§ 2. The time limit referred to in subsection 1 is increased by a specific deferral in the event of a severance of the maritime undertaking contract that resulted in the payment of compensation or any other amount inherent in that breach, regardless of its nature, as long as the amount or terms or conditions of calculation do not result directly from the application of a legislative provision.
This specific deferral includes a number of days equal to the total number obtained by dividing the total amount of these allowances and amounts paid on the occasion of the termination of the maritime contract, diminished the amount of any such allowances resulting directly from the application of a legislative provision, by the reference daily salary.
The duration of this specific delay is limited to 75 days.
If all or part of these amounts are paid after the end of the maritime contract that has opened rights, the allocatary and the employer debtor are obligated to make the declaration. Allowances which, therefore, should not have been collected by the interested party must be refunded.
§ 3. In the event that a marine contract is terminated for a period of less than 91 days, the period referred to in subsection 2 is determined under the conditions set by an application agreement. »
Article 23
The first paragraph of section 23 is amended to read:
"The deferral determined pursuant to section 21, paragraph 2, shall be effective the day after the end of the maritime contract. Article 43
The first paragraph of section 43 is amended to read:
"The contributions of employers and navigating personnel are based on the capped gross remuneration in the social security contribution base within the meaning of theArticle L. 242-1 of the Social Security Code. »
Chapter 2
Fishing marins
Article 1
Paragraph 1 of Article 1 is amended to read:
"The fishermen, whose contract of maritime engagement (3) has ended, are entitled to the return-to-employment assistance allowance, if they justify, under administrative boarding days (4), the conditions of activity known as the period of affiliation as well as the conditions of age, physical fitness, unemployment, registration as an applicant for employment and job search.
Article 3
Section 3 is amended to read:
"Private fishermen must justify a period of affiliation corresponding to days of administrative boarding in one or more companies entering the scope of the unemployment insurance plan.
For employees under 50 years of age at the end of their maritime contract, the period of affiliation must be at least 122 days of administrative boarding during the 28 months preceding the end of the maritime contract.
For employees aged 50 and over, on the date of the end of their maritime contract, the period of affiliation must be at least 122 days of administrative boarding during the 36 months preceding the end of the maritime contract.
Periods of suspension of the contract of maritime engagement are retained for a day of affiliation per day of suspension.
The training activities referred to in Books III and IV of the sixth part of the Labour Code, with the exception of those paid by the Unemployment Insurance Plan, are assimilated to administrative boarding days at a rate of 5 hours of training for one day, within two thirds of the number of administrative boarding days the private employee of employment justifies in the reference period.
The last day of February is counted for 3 days of administrative boarding.
However, the periods of suspension of the work contract resulting in the exercise of a work activity excluded from the scope of the plan are not taken into account, with the exception of those exercised under sections L. 3142-78 to L. 3142-80 and L. 3142-91 of the Labour Code. »
Article 4
Section 4 is amended to read:
"The fishermen, justifying a period of affiliation as provided for in section 3 of this chapter of this annex, must also:
(a), (b), (c) and (d) Without change from the general rules;
(e) Not having voluntarily interrupted, except in cases provided for by application agreement, the last maritime contract or an earlier maritime contract of engagement, provided that from this voluntary departure it cannot be justified from the completion of at least 91 days of administrative boarding;
(f) No change from the general rules. »
Article 6
Section 6 is amended to read:
First paragraph without change from the general rules.
Second paragraph without change from the general rules.
"The starting point for 42 days is the last day of administrative boarding. »
Article 9
The second paragraph of paragraph 1 of Article 9 is amended to read:
"However, the opening of a new period of compensation, within 12 months of the first fee opening, when it was made on the basis of 122 days of boarding, is subject to a further 182 days of boarding. »
Article 3
Section 13 is amended to read:
"The amount of the proportional portion of the daily allowance is based on the daily lump-sum salary used as a basis for contributions collected for the benefit of the National Establishment of Marine Invalids and corresponding to the category to which the individual belonged when the contract of commitment for the opening of the rights ended. »
Article 14
Paragraphs 1 to 4 of Article 14 are deleted.
Article 16
Section 16 is amended to read:
"The minimum allowance and the fixed portion of the return-to-employment benefit referred to in section 15 are reduced proportionally to the number of days of affiliation in the last 12 months, for the person in seasonal unemployment within the meaning and terms defined by an application agreement. »
Article 17
The first paragraph of section 17 is amended to read:
"The daily allowances determined under sections 15 and 16 of this chapter are limited to 75% of the flat daily wage referred to in section 13 of this chapter. »
Article 21
Section 21 is amended to read:
Ҥ1. The support is carried forward as soon as the day after the shipowner's obligations were terminated under the maritime contract.
If all or part of the compensation for paid leave is paid after the end of the maritime contract that has opened rights, the individual and the employer are obligated to make the declaration. Allowances which, therefore, should not have been collected by the interested party must be refunded.
§ 2. The time limit referred to in subsection 1 is increased by a specific deferral in the event of a severance of the maritime undertaking contract that resulted in the payment of compensation or any other amount inherent in that breach, regardless of its nature, as long as the amount or terms or conditions of calculation do not result directly from the application of a legislative provision.
This specific deferral includes a number of days equal to the total number obtained by dividing the total amount of these allowances and amounts paid on the occasion of the termination of the maritime contract, diminished the amount of any such allowances resulting directly from the application of a legislative provision, by the reference daily salary.
The duration of this specific delay is limited to 75 days.
If all or part of these amounts are paid after the end of the maritime contract that has opened rights, the beneficiary and the employer are obligated to make the declaration. Allowances which, therefore, should not have been collected by the interested party must be refunded.
§ 3. In the event that a maritime contract is terminated for a period of less than 91 days, the period referred to in § 2 shall be determined under the conditions established by an application agreement. »
Article 23
The first paragraph of section 23 is amended to read:
"The deferral determined pursuant to section 21, paragraph 2, of this chapter shall be effective the day after the end of the maritime contract. »
Rule 43
Section 43 is amended to read:
"The contributions of employers and fishermen are based on the lump-sum wage used as a basis for social contributions collected for the benefit of the National Establishment of Marine Invalids and corresponding to the category to which the person belongs. »
A N N E X E I I
TO THE CONVENTION
19 FEBRUARY 2009 ON THE INDEMNISATION OF
Dockers
The provisions of this annex shall apply to intermittent professional docker workers referred to in theArticle L. 511-2-III of the Code of Maritime Ports.
For its application to the employees defined above, the general regulation annexed to the February 19, 2009 convention on unemployment compensation is amended as follows:
Article 3
Section 3 is amended to read:
"Private docker workers must justify a period of affiliation corresponding to vacations made on behalf of one or more port handling companies or their groupings.
For employees under the age of 50 on the date of the termination of the employee's employment, the affiliate period must be at least 174 vacations in the 28 months preceding the date of the loss of the professional card.
For employees who are 50 years of age and older on the date of the termination of the employee's employment, the affiliate period must be at least 174 vacations in the 36 months preceding the date of the loss of the professional card.
The number of hours taken into account in the search for the required affiliation period is within the limits provided by theArticle L. 3121-35 of the Labour Code.
The periods of suspension of the contract of work shall be held at 2 trips per day of suspension.
The training activities referred to in Books III and IV of the sixth part of the Labour Code, with the exception of those paid by the unemployment insurance scheme, are counted by 2 vacations for 5 hours of training, within two-thirds of the number of vacations the private employee of employment justifies in the reference period.
However, the periods of suspension of the work contract resulting in the exercise of a work activity excluded from the scope of the plan are not taken into account, with the exception of those exercised under sections L. 3142-78 to L. 3142-80 and L. 3142-91 of the Labour Code. »
Article 4
Section 4 (e) is amended to read:
"(e) did not voluntarily leave, unless provided by an application agreement, their last professional activity. »
Article 6
Article 6 is deleted.
Article 9
The second paragraph of paragraph 1 of Article 9 is amended to read:
"However, the opening of a new period of compensation, within 12 months of the first fee opening, when it was made on the basis of 174 vacations, is subject to a new affiliate period of 260 vacations. »
Article 11
Paragraph 2 of Article 11 is deleted.
Article 13
Section 13 is amended to read:
Ҥ1. The reference wage taken into consideration to fix the proportional portion of the daily allowance is established, subject to section 14, from the remuneration in the employer's dependant contribution count in the 12 calendar months preceding the card's loss, provided that the remuneration has not already been used for a previous calculation.
“§2. The reference wage so determined cannot exceed the sum of the monthly wages capped in accordance with section 43 and included in the reference period. »
Article 14
Paragraphs 1 and 4 of Article 14 are amended to read:
Ҥ1. Only the remuneration received during the reference period, whether or not they are related to that period, shall be taken into account in the reference salary and the allowances paid during that period by the paid leave credits of the personnel of the port handling companies or the auxiliary services of those bodies.
§ 4. The average daily reference wage is equal to the quotient of the reference salary defined above by the difference between 365 and the number of days in which, within the 12 months taken into account in determining the said salary, the person concerned:
― participated in the plan for functions already taken into account for the opening of a previous compensation period;
- was covered by social security for cash benefits;
- was unemployed;
― received a guarantee allowance from the National Docker Workers' Guarantee Fund or, in the absence of a right to such compensation, was pointed out by the central office of the port's labour force for a missed vacation; the guarantee allowance, such as the vacation, is taken into account for half a day;
― performed a vocational training course referred to in Books III and IV of Part VI of the Labour Code or fulfilled obligations entered into at the national service pursuant toArticle L. 111-2, first and second paragraph, of the National Service Code ;
― was on strike and as such unpaid, a situation attested by the central office of the port's workforce. »
Article 16
Section 16 is amended to read:
"The minimum allowance and the fixed portion of the return to employment benefit referred to in section 15 are reduced proportionally to the number of days of affiliation in the last 12 months, for the person in a seasonal unemployment situation in the sense and manner defined by an application agreement. »
Rule 43
Section 43 is amended to read:
"The contributions of employers are based on all capped gross remuneration in the social security contribution base, as defined in theArticle L. 242-1 of the Social Security Code.
The daily contributions of the dockers workers, corresponding to 2 vacations, are calculated on the basis of 80% of the 1/312th annual social security ceiling.
However, they are excluded from the contribution base:
the remuneration of employees aged 65 and older;
― compensation exceeding 4 times the ceiling of the old-age social security insurance planArticle L. 241-3 of the Social Security Code. »
Rule 46
Paragraph 3 of section 46 is deleted.
Rule 48
The last paragraph of section 48 is deleted.
A N N E X E I V
TO THE GENERAL REGULATION OF THE CONVENTION OF 19 FEBRUARY 2009 ON ADDRESSED TO THE MEPLOYMENT AND INDEMNISATION
Intermittent wages, acting employees
temporary work enterprises
The provisions of this annex shall apply:
- employees whose work activities are carried out, because of the very nature of these activities, in a discontinuous manner;
- employees who carry out, at any employer's place, one or more limited-term assignments that have been entrusted to them by a temporary employment company, as long as they are bound by a contract of employment exclusively to the latter company.
For its application to the employees defined above, the general regulation annexed to the February 19, 2009 convention on unemployment compensation is amended as follows:
Article 2
Section 2 is amended to read:
"Involuntaryly deprived of employment or assimilated employees referred to in this annex, whose termination of the employment contract results from:
- the arrival of the term of the contract;
- the anticipated termination of the contract at the initiative of the employer;
– a resignation considered legitimate, under the conditions established by implementing agreements. »
Article 3
Section 3 is amended to read:
"Private employees must justify a period of affiliation corresponding to periods of employment expressed in hours of work carried out in one or more companies entering the scope of the unemployment insurance scheme.
The affiliation period is as follows:
For employees under 50 years of age at the end of their employment contract, the period of affiliation must be at least 610 hours of work in the 28 months preceding the end of the employment contract.
For employees who are 50 years of age and older on the end of the employment contract, the period of affiliation must be at least 610 hours in the 36 months preceding the end of the employment contract.
The number of hours taken into account in the search for the required affiliation period is within the limits provided by theArticle L. 3121-35 of the Labour Code.
The periods of suspension of the work contract shall be held at 5 working hours per day of suspension.
The training activities referred to in Books III and IV of the sixth part of the Labour Code, with the exception of those paid by the unemployment insurance scheme, are assimilated to hours of work within two thirds of the number of hours of work that the private employee of employment justifies in the period of reference affiliation.
However, the periods of suspension of the work contract resulting in the exercise of a work activity excluded from the scope of the plan are not taken into account, with the exception of those exercised under sections L. 3142-78 to L. 3142-80 and L. 3142-91 of the Labour Code. »
Article 4
Section 4 (e) is amended to read:
"(e) have not left voluntarily, except in cases provided for by an application agreement, their last employee work activity, or an employee work activity other than the latter, provided that, since the voluntary departure, it cannot be justified from a working period of at least 455 hours. »
Article 6
Article 6 is deleted.
Article 9
Paragraph 1, second paragraph, is amended to read:
"However, the opening of a new period of compensation, within 12 months of the first opening of rights, when it was carried out on the basis of 610 hours of work, is subject to a new period of affiliation of 910 hours. »
Article 11
Paragraph 2 of Article 11 is deleted.Article 14
Paragraph 4 of Article 14 is amended to read:
Ҥ4. The average daily reference wage is equal to the quotient of the reference salary defined above by the difference between 365 days, and:
- the number of days in which, in the 12 months taken into consideration for the determination of the said salary, the person concerned:
― participated in the plan for functions already taken into account for the opening of a previous compensation period;
- was covered by social security for cash benefits;
- was unemployed;
― performed a vocational training course referred to in Books III and IV of the sixth part of the Labour Code or fulfilled obligations entered into at the national service under theArticle L. 111-2, first and second paragraph, of the National Service Code ;
– received indemnity allowances under theArticle L. 5424-14 of the Labour Code ;
―as well as the number of days corresponding to the duration of the accrued leave entitlements, and determined according to the number of hours worked during the period selected for the calculation of the reference salary.
The reference wage divider resulting from the above provisions may not be less than a minimum divider.
This minimum divider is equal to the number obtained by dividing by 10 the hours worked during the period selected for the calculation of the reference wage. »
Article 16
Section 16 is amended to read:
"The minimum allowance and the fixed portion of the return-to-employment benefit referred to in section 15 are reduced proportionally to the number of days of affiliation in the last 12 months, for the person in seasonal unemployment within the meaning and terms defined by an application agreement. »
Article 21
Section 21 is amended to read:
“§1. The allowance shall be deferred to the expiry of a deferred compensation for the number of days resulting from the quotient of the amount of paid leave compensatory allowances paid in respect of all work contract purposes located within 91 days before the last end of the employment contract, by the reference daily salary referred to in section 14, paragraph 4. If all or part of the compensation for paid leave is paid after the end of the employment contract that has opened rights, the individual and the employer are obligated to make the declaration. Allowances which, therefore, should not have been collected by the interested party must be refunded. »
§ 2. No change from the general rules.
§ 3. This paragraph is deleted.
Rule 27
It is inserted a sixth paragraph in article 27 as follows:
"Temporary work enterprises are required to provide the unemployment insurance institutions with the information contained on the monthly contract statements provided for in the articles L. 1251-46 and L. 1251-48 of the Labour Code, together with the additional information required to review the entitlements to interim allowances. »
Paragraph 6 of section 27 becomes paragraph 7 for the purposes of this section.
Rule 28
Paragraph 1 is amended to read:
“§1. A private employee of employment under this annex who resumes or retains an occasional or reduced activity may continue to see ARE under the conditions defined in Article 30, paragraphs 2, 3 and 4. »
Rule 29
Article 29 is deleted.
Rule 30
Article 30, first paragraph, is deleted.
Rule 31
Section 31 is deleted.
A N N E X E V
TO THE GENERAL REGULATION OF THE CONVENTION OF 19 FEBRUARY 2009
Homeworkers
The provisions of this Schedule apply to home workers covered by theArticle L. 7412-1 of the Labour Code and justifying their affiliation to social security.
For its application to the employees defined above, the general regulation annexed to the February 19, 2009 convention on unemployment compensation is amended as follows:
Article 3
Section 3 is amended to read:
"Private employees must justify a period of affiliation corresponding to periods of employment performed on behalf of one or more companies entering the scope of the unemployment insurance plan.
For employees under 50 years of age at the end of their employment contract, the period of affiliation must be at least 610 hours of work within 28 months prior to the end of the employment contract (term of notice).
For employees aged 50 years and older on the date of the termination of their employment contract, the affiliate period must be at least 610 hours of work in the 36 months preceding the termination of the employment contract (term of notice).
The number of hours taken into account in the search for the required affiliation period is within the limits provided by theArticle L. 3121-35 of the Labour Code.
The periods of suspension of the work contract shall be held at 5 working hours per day of suspension.
The training activities referred to in Books III and IV of the sixth part of the Labour Code, with the exception of those paid by the unemployment insurance scheme, are assimilated to working hours within 2/3 of the number of hours the private employee of employment justifies in the reference period.
The last day of February is counted for 15 hours.
However, the periods of suspension of the work contract resulting in the exercise of a work activity excluded from the scope of the plan are not taken into account, with the exception of those exercised under sections L. 3142-78 to L. 3142-80 and L. 3142-91 of the Labour Code. »
Article 4
Section 4 (e) is amended to read:
“e) Not having voluntarily left, unless provided for by an application agreement, their last employee work activity, or an employee work activity other than the latter, provided that, since the voluntary departure, it cannot be justified from a working period of at least 455 hours. »
Article 9
Paragraph 2 of paragraph 1 of section 9 is amended to read:
"However, the opening of a new period of compensation, within 12 months of the first opening of rights, when it was carried out on the basis of 610 hours of work, is subject to a new period of affiliation of 910 hours. »
Article 14
Paragraph 4 of Article 14 is amended to read:
Ҥ4. The average daily reference wage is equal to the quotient of the reference salary defined above by the difference between 365 and:
- the number of days in which, in the 12 months taken into consideration for the determination of the said salary, the person concerned:
― participated in the plan for functions already taken into account for the opening of previous compensation periods;
- was covered by social security for cash benefits;
- was unemployed;
― performed a vocational training course referred to in Books III and IV of Part VI of the Labour Code or fulfilled obligations entered into at the national service pursuant toArticle L. 111-2, first and second paragraphs, of the National Service Code ;
―as well as the number of days corresponding to the duration of the accrued leave entitlements, and determined according to the number of hours worked during the period selected for the calculation of the reference salary. »
Article 16
Section 16 is amended to read:
"The minimum allowance and the fixed portion of the return-to-employment benefit referred to in section 15 are reduced proportionally to the number of days of affiliation in the last 12 months, for the person in seasonal unemployment within the meaning and terms defined by an application agreement. »
Article 21
Paragraph 1 of Article 21 is amended to read:
Ҥ1. The support is deferred to the expiry of a deferred compensation corresponding to the total number obtained by dividing:
- the increases in the remuneration paid by the last employer to meet its obligations in respect of paid leave;
― by the average reference daily wage obtained under section 14, paragraph 4, of this annex. Daily allowances shall be payable subject to the deferral set out in the paragraph above, beginning on the day on which the beneficiaries meet the conditions for the opening of the rights, and not later than the day after the termination of the employment contract.
If all or part of the compensation for paid leave is paid after the end of the employment contract that has opened rights, the beneficiary and the employer debtor are obligated to make the declaration. Allowances which, therefore, should not have been collected by the interested party must be refunded. »
A N N E X E V I
TO THE GENERAL REGULATION OF THE CONVENTION OF 19 FEBRUARY 2009
Employees under an employer whose business
no establishment in France (1)
The provisions of this annex apply to employers whose business does not have an establishment in France and who are required to meet the obligations relating to the declarations and payment of contributions and social contributions of legal or conventional origin to which they are required under the employment of an employee in France.
To fulfil its obligations, the employer may designate a representative resident in France who is personally responsible for the declarations and payment of the amounts due under this annex.
For its application to the employers and representatives referred to above, the general regulation annexed to the February 19, 2009 Agreement on Unemployment Compensation and its annexes are amended as follows:
Rule 41
The employer is required to join the territorially competent institution within 8 days of the date on which the unemployment insurance plan became applicable.
In order to meet this requirement, the employer must send a slip to that institution in accordance with the model established by the Unédic, including the indication:
- the name of the employer;
- the address where the activity in France is carried out, as well as the address of the company's headquarters;
– the number of employees occupied on the date of the affiliation slip.
The affiliation slip must be signed by the employer. If the employer is a legal entity, the signatory of the slip must maintain the right to act on its behalf from its function or from a regular mandate.
Regardless of the date on which the affiliation slip is received by the competent institution, the affiliation takes effect and the contributions are due on the date on which the employer is subject to the unemployment insurance scheme.
Rule 49
Section 49 is deleted.
Articles 55 to 58
Articles 55 to 58 are deleted.
A N N E X E V I
TO THE GENERAL REGULATION OF THE CONVENTION OF 19 FEBRUARY 2009
Persons with disabilities in protected workshops
The provisions of this annex shall apply to workers with disabilities in employment in a protected workshop approved in accordance with Articles L. 5213-13, L. 5213-18 and L. 5213-19 of the Labour Code and cease their activity without breaking the labour contract.
For its application to the employees defined above, the general regulation annexed to the February 19, 2009 convention on unemployment compensation is amended as follows:
Article 6
Section 6 is amended to read:
"In the case of a temporary reduction or cessation of activity of a protected workshop, the regional parity proceeding referred to in section 40 may make an admission decision for the benefit of the allowances for workers with disabilities in total unemployment, without their employment contract being broken. »
Articles 13 and 14
Articles 13 and 14 are deleted.
Article 15
Section 15 is amended to read:
"The daily allowance paid under this Schedule is equal to:
2, 22 times the SMIC schedule for the first 28 allowances,
3, 33 times the SMIC schedule for the following allowances. »
Articles 16 and 17
Articles 16 and 17 are deleted.
A N N E X E V I I
TO THE GENERAL REGULATION OF THE CONVENTION OF 19 FEBRUARY 2009
Workers and technicians of sound recording, film and audiovisual production, radio, broadcast and show
In view of Book IV of Part 5 of the Labour Code, articles L. 5422-6, L. 5423-4 and L. 5424-20 for the application of the unemployment insurance scheme to intermittent professionals in cinema, audiovisual, broadcasting and entertainment, in order to strengthen the follow-up of these beneficiaries in their career paths, the general regulation annexed to the convention is amended as follows:
Article 1
Section 1 adds a last paragraph to read as follows:
Ҥ4. The beneficiaries of this annex are workers and technicians engaged by employers under thearticle L. 5422-13 or L. 5424-1 to L. 5424-5 of the Labour Code and in the areas of activity defined in the annexed list, under a fixed-term contract for a function defined in the above-mentioned list (5).
Article 2
Section 2 is amended to read:
"Unintentionally deprived of employment or assimilated employees whose termination of the contract results from:
- an end to a fixed-term employment contract;
- an early termination of the fixed-term employment contract at the employer's initiative;
– a resignation considered legitimate, under the conditions established by an application agreement. »
Article 3
Section 3 is amended to read:
Ҥ1. Private employees must justify a period of affiliation of at least 507 hours during the 304 days preceding the end of the employment contract, subject to the application of Article 10, paragraph 1. The number of hours taken into account in the search for the required duration of affiliation is within the limits provided by theArticle L. 3121-35 of the Labour Code.
For the justification of 507 hours (6), only the working time in the scope of this Schedule or Appendix X shall be retained, subject to section 7.
§ 2. The periods of suspension of the work contract shall be held at 5 working hours per day of suspension.
However, the periods of suspension of the work contract resulting in the exercise of a professional activity excluded from the scope of the plan, with the exception of those exercised under sections L. 3142-78 to L. 3142-80 and L. 3142-91 of the Labour Code.
§ 3. Periods are also retained at 5 working hours per day:
maternity ―Article L. 331-3 of the Social Security Codecompensation granted to the mother or adoptive fatherArticle L. 331-7 of the Social Security Codelocated outside the employment contract;
– a work accident that is targeted toArticle L. 411-1 of the Social Security Code which extend after the contract of employment.
§ 4. The periods of health insurance coverage, located outside of the employment contract, extend the period in which the condition of affiliation referred to in paragraph 1 or article 10, paragraph 1.
Article 4
Section 4, subparagraphs (e) and (g), is amended to read:
“e) Not having voluntarily left, except in cases provided for by an application agreement, their last employee work activity or an employee work activity other than the latter, provided that, since the voluntary departure, it cannot be justified from a working period of at least 455 hours. »
(g) This paragraph is deleted. »
Article 5
Section 5 is amended to read:
"In the event of a termination of a work contract for the final closure of an establishment or for the interruption of the filming by the company, the unfulfilled duration of the contract of work of the interested party shall be taken into account as an effective working period for the assessment of the condition of affiliation referred to in Articles 3 and 10, paragraph 1, without this consideration being able to exceed the effective date of a new work contract. »
Article 6
Article 6 is deleted.
Article 7
Section 7 is amended to read:
"The training actions referred to in Books III and IV of the sixth part of the Labour Code, except those paid by the unemployment insurance scheme, are assimilated to working hours within two thirds of the number of hours set out in Article 3 or 10, paragraph 1. »
Article 10
Section 10, paragraph 1 and paragraph 3, is amended to read:
Ҥ1. (a) The opening of a new period of compensation or readmission is conditional on the condition that the employee meets the conditions specified in sections 3 and 4 for one or more activities carried out after the end of the work contract previously taken into consideration for the opening of the rights.
(b) When the allotted party was previously supported under this Schedule or Annex X and cannot justify the period of affiliation referred to in Article 3, it is sought for a period of 50 hours per 30-day period beyond the 304th day before the end of the employment contract.
As a transitional measure, for readmissions for an end of employment contract prior to March 31, 2008, the number of hours of work required beyond the 304th day is reduced from 50 hours to 48 hours.
The search for affiliation (7) is made under the conditions set out in sections 3 and 7.
(c) The review for readmission under the above-mentioned conditions shall be conducted at the request of the allotted party when the period of compensation granted to it is not exhausted or, if not, at the end of the compensation.
(d) The readmission shall be effected on the declarations made on the certificate forms determined by the Unédic and sent by the employer under the conditions set out in section 62. The employee must retain the copy of the certificate issued by the employer, in accordance with the Articles R. 1234-9 to R. 1234-12 of the Labour Code, to be able to communicate it, if any.
(e) Only the activities that were declared by the employee each month in the term ended on the employee's monthly status document and certified by the sending of the form referred to in section 62.
§ 3. Paragraph 3 is deleted. »
Article 11
Article 11 is deleted.
Article 12
Section 12 is replaced by the following text:
§ 1. The compensation period is 243 days.
§ 2. By exception to paragraph 1 above, allocatories aged 60 and 6 months continue to receive the allowance they receive up to the deadlines set out in section 33, paragraph 2 (a), of the General Regulations, if they meet the following conditions:
- be in compensation;
― justifying 9,000 hours of work under this annex or Appendix X, of which 1,521 hours in the last three years, or at least 15 years of affiliation with the unemployment insurance scheme, or periods similar to those jobs defined by the application agreement No. 18 of 18 January 2006;
– justifying 100 quarters validated by old age insurance in the sense of Articles L. 351-1 to L. 351-5 of the Social Security Code.
However, the files of allocatories whose termination of the contract of employment was terminated as a result of resignation are submitted to the competent regional joint authority.
Article 13
Article 13 is deleted.
Article 17
Article 17, paragraph 2, is deleted.
Article 21
Section 21 is replaced by the following text:
§ 1. The reference wage taken into account in determining the daily allowance shall be established, subject to section 22, from the remuneration in the contribution plate, in respect of the reference period for the opening of duties or the last readmission, provided that they have not been used for a previous calculation.
§ 2. The reference wage thus determined cannot exceed the sum of the monthly wages capped in accordance with section 59 and included in the reference period, the incomplete months being counted prorated.
Article 22
Paragraphs 4 and paragraph 5 of Article 22 are deleted.
Article 23
Section 23 is replaced by the following text:
The daily allowance (AJ) under sections 3 and following is the amount resulting from the following formula:
Article 24
Article 24 is deleted.
Rule 25
Section 25 is replaced by the following text:
"The daily allowance determined under Article 23 is limited to 34.4% of 1/365 of the annual ceiling on contributions to unemployment insurance.
The daily allowance paid during a training period included in the personalized job access project may not be less than €18.28. »
Rule 27
Section 27 is replaced by the following text:
"An interest of 0.93 % based on average daily wage is retained on the allowance determined under sections 23 to 26.
The average daily wage is equal to the quotient of the reference salary, as set out in section 21, by the number of working days determined according to working hours at 8 hours per day.
The deduction of this participation may not have the effect of determining a daily allowance less than the minimum allowance referred to in section 23 (13).
The proceeds of this participation are allocated to the financing of the complementary pensions of allocataries of the unemployment insurance plan.
Rule 29
Section 29 is amended to read:
§ 1. The care is deferred to the expiry of a deferred compensation calculated on the basis of the amount of wages collected during the reference period for the opening of rights or the last readmission, the average daily wage as defined in section 27 and the value of the minimum interprofessional daily salary of growth on the last day of the reference period determined on the basis of 35 hours per week, reduced by
Only certified days of unemployment are used to compute the deferred compensation.
§ 2. In the second paragraph, the words: "by the reference daily wage" are replaced by the words: "by the average daily wage as defined in article 27".
§ 3. This paragraph is deleted.
Rule 31
The first paragraph of section 31 is amended to read:
The deadlines, determined pursuant to section 29, shall run from the day after the end of the employment contract, or from the day after the date of examination of the rights for readmission.
Rule 32
In section 32, the first seven paragraphs are replaced by the following paragraphs:
The benefits are paid monthly to term expired for every working day or not with respect to the monthly statement of situation sent by the individual.
An allocatary who records one or more periods of employment during a calendar month must mention it on its monthly status statement. The corresponding certificate(s) must be sent by the employer to the national recovery centre referred to in section 56, paragraph 1.
In the absence of the employer's certificate, a provisional payment of the allowances is made on the basis of the monthly statement of situation and a regularization of the payment is made later.
Rule 35
In section 35 a new paragraph 6 is inserted as follows:
The National Recovery Centre is entitled to require the production of all documents (work contract, pay bulletin, etc.) from the employer(s) or elements that may justify that the activity in question falls within the scope of this annex.
Paragraph 6 becomes paragraph 7.
Rule 39
Article 39 is deleted.
Rule 40
Article 40 is deleted.
Rule 41
Section 41 is replaced by the following text:
In the event of a professional activity, the number of days of work during the calendar month is determined based on the number of hours of work performed at 8 hours per day, the number of days of involuntary deprivation of employment in a calendar month is equal to the difference between the number of calendar days of the month and the number of working days assigned to coefficient 1.4.
Rule 42
Article 42 is deleted.
Rule 43
Article 43 is deleted.
Rule 44
Article 44 is deleted.
Rule 45
Article 45 is deleted.
Rule 46
Article 46 is deleted.
Rule 56
Article 56, paragraph 1, first paragraph, and paragraph 3, is amended to read:
§ 1. Employers included in the scope set out in section 1, paragraph 4, are required to join the National Recovery Centre, managed by an institution of the Unemployment Insurance Plan designated by the Office of the Unédic, within 8 days of the date on which the Unemployment Insurance Plan is applicable to them.
§ 3. Prerequisitely on the start of any new activity in Schedule VIII or X (new production, new show...), the employer must request, for it, the assignment of an object number.
This number must be deferred, by the employer, obligatoryly on the salary bulletins and monthly certificates provided for in section 62, as well as, whenever possible, on employment contracts.
Beyond March 31, 2008, any monthly certificate referred to in section 62 that does not include an object number will result in a penalty that is the same as that set for the purposes of section 67 of the General Regulations.
The office of the Unédic should be periodically informed about the implementation of the procedure for assigning the object number.
Rule 59
The second paragraph of section 59 is amended to read:
However, they are excluded from the contribution base:
the remuneration of employees aged 65 or older;
― compensation exceeding, employer by employer, 4 times the limit of the old-age social security insurance plan referred to in theArticle L. 241-3 of the Social Security Code.
Rule 60
Section 60 is replaced by the following text:
The funding for the allocation referred to in this annex consists of two contribution rates.
The rate of contributions for the financing of compensation resulting from the application of the Common Law Rules of Unemployment Insurance is set at:
5.40 per cent, 3.50 per cent for employers and 1.90 per cent for employees.
The rate of contributions for the financing of compensation resulting from the application of derogatory and specific rules set out in this annex shall be determined by:
5.40 per cent, 3.50 per cent for employers and 1.90 per cent for employees.
Rule 61
Section 61 is replaced by the following text:
Contributions are payable no later than 15 of the month following the month in which the remuneration is paid.
Rule 62
The second and third paragraphs of section 62 are amended as follows:
The second paragraph is replaced by the following:
Employers must send the corresponding certificates for each employee employed in the month at the latest with their notice of payment. These certificates include periods of employment and remuneration for those periods that have been submitted to contributions. These statements are made in accordance with the terms and conditions established by the Unédic. In the event of a non-report by the employer, during the monthly payment of the contributions, periods of employment, delay increases are due under the conditions set out in section 66 of the General Regulations.
The third paragraph of Article 62 is deleted.
Rule 65
Section 65 is amended to read:
Contributions are paid by each institution to the national recovery centre managed by an institution designated by the office of the Unédic.
Rule 69
Article 69, paragraph 1 (c), is as follows:
(c) Grant a total or partial surrender of the delay increases provided for in Article 66 and the penalties provided for in Articles 56, paragraph 3, 62, 63, 67 and 74 to the good-faith debtors justifying the impossibility in which they have found themselves, due to a case of force majeure, to settle the amounts due within the specified time limits.
Rule 75
Article 75 is deleted.
A title VIII is added as follows: Title VIII. ― Entry into force .
Rule 77
An article 77 is drafted as follows:
This Appendix applies to beneficiaries whose termination of employment contract considered for admission or readmission is after March 31, 2007.
A N N E X E I X
TO THE GENERAL REGULATION OF THE CONVENTION
19 FÉVRIER 2009 RELATIVE À L'INDEMNISATION DU CHÔMAGE
Salariés occupied hors de France (14)
international organizations, embassies and consulates
Chapter 1
Mandatory affiliation
1.1. Salaries in detachment situations
1.1.1. Salaries concerned
Are considered to be in a position of detachment, and as such subject obligatoryly to the unemployment insurance scheme established by the 19 February 2009 agreement on the compensation of unemployment, employees who are allowed to keep, during the duration of a professional mission outside France that was entrusted to them by a company referred to in the said agreement, the benefit of the French social security regime under the conditions provided:
by bilateral or multilateral social security conventions, in accordance withArticle L. 761-1 of the Social Security Code ;
― by provisions of internal order pursuant toArticle L. 761-2 of the Social Security Code.
For its application to employees referred to in section 1.1.1, the general regulation annexed to the February 19, 2009 Convention on Unemployment Compensation is amended as follows:
1.1.2. Benefits
The nature of the activity determines the applicable regulations (general regulations or general regulations).
1.1.3. Contributions
Rule 43
Paragraph 1 of section 43 is amended to read:
"The contributions of employers and employees are based on capped gross remuneration, i.e., except in particular cases defined by an annex, on all remuneration, converted to euros on the basis of the official exchange rate at the time of their perception, entering the social security premiums set out in the social security premiums Articles L. 242-1 et seq. of the Social Security Code. »
1.2. Salaries in expatriation
1.2.1. Salaries concerned
Employers included in the territorial scope of the unemployment insurance scheme established by the 19 February 2009 agreement on the compensation of unemployment are required to ensure against the risk of employment deprivation the French expatriate employees or nationals of a Member State of the European Union, of another State Party to the Agreement on the European Economic Area (EEA) (15) or of the Swiss Confederation with which they are bound by their contract
For its application to employers and employees referred to in this section 1. 2. The general regulation annexed to the 19 February 2009 convention on unemployment compensation is amended as follows:
1. 2. 2. Benefits
Article 4
Section 4 is amended to read:
" Private employees, justifying one of the periods of affiliation provided for in Article 3 of this section, shall:
(a) Being registered as job seekers in France, or performing a training action listed in the personalized job access project.
(b), (c) and (d) No change from the general rules.
"(e) Not having voluntarily left, unless provided by an application agreement, their last employee work activity, or an employee work activity other than the last, provided that, since the voluntary departure, it cannot be justified from the payment of contributions on their behalf for at least 91 days. "
(f) No change from the general rules.
Article 13
Paragraph 1 of Article 13 is amended to read:
" The base salary for the determination of the proportional portion of the daily allowance shall be established, subject to the provisions set out in section 14 of this section, on the basis of remuneration for contributions and actually received in the 4 calendar quarters prior to the quarter in which the last day of work paid to the interested party occurred, provided that they have not already been used for a previous calculation. "
Article 14
Paragraphs 1 and 4 of Article 14 are amended to read:
§ 1. The remuneration received during the reference period shall be taken into account in the reference salary, regardless of whether or not it is related to that period. "
§ 4. The average daily reference wage is equal to the quotient of the reference salary as defined above, by the number of days that resulted in the payment of contributions in the 4 calendar quarters prior to that in which the last day of work paid to the interested party occurred.
The days in which the employee did not belong to a business, the days of absence without pay and, in general, the days that did not give rise to normal remuneration within the meaning of paragraph 3 are deducted from the number of days that gave rise to the payment of contributions. "
Article 21
Paragraph 2 of paragraph 1 of section 21 is amended to read:
" If all or part of the compensation for paid leave is paid after the end of the employment contract that has opened rights, the beneficiary and the employer debtor are obligated to make the declaration. Allowances which, therefore, should not have been collected by the interested party must be refunded. "
Paragraph 4 of paragraph 2 of section 21 is amended to read:
" If all or part of these amounts are paid after the end of the employment contract that has opened rights, the beneficiary and the employer are obligated to make the declaration. Allowances which, therefore, should not have been collected by the interested party must be refunded. "
Rule 27
Section 27, paragraph 1, is amended to read:
" In order for the claim to be admissible, the private employee of employment must submit his or her health insurance card ( Vital Card) or, if not, a certificate of subjugation to one of the social security schemes managed by the Caisse des Français de l' étrangers. "
1. 2. 3. Contributions
Rule 43
Paragraph 1 of section 43 is amended to read:
" Contributions by employers and employees are based on:
- either, on all gross remuneration capped converted to euros on the basis of the official exchange rate at the time of their perception, entering the social security premiums set out in articles L. 242-1 and following of the Social Security Code;
- either, after the agreement of the majority of the employees concerned, on the gross remuneration capped in the count of the social security premiums provided for in articles L. 242-1 and following of the social security code which would be collected by the employee for corresponding functions performed in France. The latter option can only be exercised at the time of affiliation and on a final basis. "
Rule 45
Section 45 is amended to read:
" Contributions are due on a quarterly basis and are paid within the first 15 days of each calendar quarter for remuneration paid in the previous calendar quarter. "
Rule 46
Section 46 is amended to read:
" Any payment must be accompanied by a voucher, the model of which is established by the Unédic, and on which the employees concerned are appointed, and, for each of them, the amount of the remuneration chosen for the calculation of the contributions. "
Rule 48
The last paragraph of section 48 is deleted.
Rule 49
Section 49 is amended to read:
" Contributions are paid to the recovery agency. "
Chapter 2
Optional
2. Voluntary employer affiliation
2. 1. Employees concerned
2. 1. 1. Employees not included in the field
the territorial application of the
Employers, whose legal nature would allow them, in France, to be subject to the unemployment insurance scheme, can involve the expatriate employees they occupy in this scheme, subject to the following:
- be not considered as officials, incumbent agents or statutory agents under applicable French or foreign legislation;
― do not benefit from such coverage under item 1. 2. 1 of Chapter 1 of this annex.
International organizations, embassies and consulates located in France can also benefit from the unemployment insurance scheme their employees affiliated with the general social security system.
2. 1. 2. Employees included in the field
the territorial application of the
Employers included in the territorial scope of the plan, referred to in Article 4, paragraph 1, of the 19 February 2009 Convention on the Compensation of Unemployment, may also involve non-national employees of a Member State of the European Union, another State Party to the Agreement on the European Economic Area (EEA) or the Swiss Confederation which they recruit for work abroad.
For its application to employers and employees referred to in section 2. 1. 1, the general regulation annexed to the February 19, 2009 Agreement on Unemployment Compensation is amended to read:
2. Benefits
Article 3
Section 3 is amended to read:
" Private employees must justify periods of affiliation corresponding to periods of employment that resulted in the payment of contributions to the unemployment insurance scheme.
The affiliate periods are as follows:
(a) 546 days in the 24 months preceding the termination of the employment contract (term of notice);
(b) 1,095 days in the 48 months preceding the end of the employment contract (term of notice);
(c) 1,642 days in the 72 months preceding the termination of the employment contract (term of notice).
When searching for conditions of affiliation:
―the training activities referred to in Books III and IV of the sixth part of the Labour Code, except those paid by the unemployment insurance scheme, are assimilated to days of payment of contributions within the limit of 2 / 3 of the number of days of affiliation:
365 days;
730 days;
1 094 days.
– the last day of February is counted for 3 days of payment of contributions. "
Article 4
Section 4 is amended to read:
" Private employees, justifying one of the periods of affiliation provided for in Article 3 of this section, shall:
(a) Being registered as job seekers in France, or performing a training action listed in the personalized job access project;
(b), (c) and (d) Without change from the general rules;
(e) Not having voluntarily left, except in cases provided for by an application agreement, their last employee work activity, or an employee work activity other than the last, provided that since the voluntary departure there is no justification for the payment of contributions on their behalf for at least 91 days;
(f) No change from the general rules. "
Articles 5 and 6
Articles 5 and 6 are deleted.
Article 11
Section 11 is amended to read:
§ 1. Compensation periods are determined on the basis of:
- the periods of affiliation referred to in Article 3 of this section;
- the age of the private employee of employment on the date of the termination of the employment contract (term of notice) retained for the opening of the rights.
Subject to the application of section 9, paragraph 3, the period of compensation shall be as follows:
(a) 546 days, for the private employee of employment when he meets the requirement of Article 3 (a) of this section;
(b) 912 days for the private employee of employment aged 50 years or older when he or she meets the requirement of Article 3 (b) of this section;
(c) 1,277 days, for the 57-year-old or more-year-old private employment employee who meets the requirement of section 3 (c) of this section, and justifies 100 quarters validated by old-age insurance within the meaning of sections L. 351-1 to L. 351-5 of the Social Security Code. "
§ 2. Paragraph 2 of Article 11 is deleted.
§ 3. Paragraph 3 of Article 11 is without change from the general regulation.
Article 12
Section 12 is amended to read:
" In the case of participation in training activities paid by the State or the regions, in accordance with Articles L. 5422-1, L. 5422-2 and L. 5422-3 of the Labour Code, the compensation periods set out in article 11, paragraph 1 (b) and (c), of this section are reduced to half the duration of the training. For allocataries who, on the date of the internship, could still claim a term of rights more than one month, the reduction cannot lead to a relic of rights less than 30 days. "
Article 13
Section 13 is amended to read:
" The reference wage taken into consideration to determine the proportional portion of the daily allowance is equal to the product:
– contributions made in respect of the four calendar quarters prior to the one in which the termination of the employment contract occurred;
― by a cœfficient equal to the quotient of 100 by the appeal rate of contributions.
The reference wage so determined shall not exceed the sum of the monthly wages capped in accordance with section 43 of this section and included in the reference period. "
Article 14
Section 14 is amended to read:
" The average daily reference wage is equal to the quotient of the reference salary, as defined in section 13 of this section, by the number of days that resulted in the payment of contributions in the 4 calendar quarters prior to that in which the termination of the employment contract occurred.
The reference daily wage is affected by a reduction cœfficient for people in seasonal unemployment in the sense and manner defined by an application agreement. "
Rule 27
Section 27, paragraph 2, is amended to read:
" In order for the claim to be admissible, the private employee of employment must submit his or her health insurance card ( Vital Card) or, failing that, a certificate of subjugation to one of the social security schemes managed by the Caisse des Français de l' étrangers. "
2. 3. Contributions
Rule 41
Section 41 is amended to read:
§ 1. Employers who use the faculty offered in this section are required to address the affiliate organization.
They must accompany their request:
- the agreement of the majority of employees who may be affected by this measure;
– the commitment to contribute to all of these present and future employees;
– the commitment to comply with the provisions of the February 19, 2009 convention, the general regulation, its annexes and their future and present amendments.
Once this application is accepted, an affiliation slip must be signed by the employer or by a person duly mandated by the employer.
Affiliation takes effect from the 1st day of the calendar quarter in which the above commitments were entered into. "
§ 2. Paragraph 2 is deleted.
§ 3. Paragraph 3 is deleted.
Rule 43
Paragraph 1 of section 43 is amended to read:
" Contributions by employers and employees are based on:
- either on the total of the capped gross remuneration converted to euros on the basis of the official exchange rate at the time of their perception, entering the social security premiums set out in articles L. 242-1 and following of the Social Security Code;
- either, after the agreement of the majority of the employees concerned, on the gross wages capped in the base of the social security contributions provided for in articles L. 242-1 and following of the social security code, which would be collected by the employee, for corresponding functions performed in France. The latter option can only be exercised at the time of affiliation and on a final basis. "
Rule 45
Section 45 is amended to read:
" Contributions are due on a quarterly basis and are paid within the first 15 days of each calendar quarter for remuneration paid in the previous calendar quarter. "
Rule 46
Section 46 is amended to read:
" Any payment must be accompanied by a slip whose model is established by the Unédic and on which the employees concerned are appointed, and, for each of them, the amount of the remuneration deducted for the calculation of the contributions. "
Rule 47
Article 47 is deleted.
Rule 48
The last paragraph of section 48 is deleted.
Rule 49
Section 49 is amended to read:
" Contributions are paid to the recovery agency. "
Rule 50
Articles 50 to 54 are deleted and replaced by an article 50 as follows:
" In case of non-compliance by employers under section 2. 1. 1 of the obligations listed above, as in the case of the production of false declarations, the provisions of the Convention of 19 February 2009 will cease to apply.
Employees, who are informed of this situation, can then join the unemployment insurance plan individually under the conditions set out in section 2. 3 of Chapter 2 of this annex. "
Articles 55 to 58
Articles 55 to 58 are deleted.
2. 2. Foreign shipping companies
2. 1. Employees and employees concerned
Companies that embark on vessels not flying the flag of a Member State of the European Union or another State Party to the Agreement on the European Economic Area (EEA) or the Swiss Confederation, of sailors nationals of these States who, during the duration of their navigation:
― are registered in a French maritime district;
― and are eligible for the benefit of the National Marine Invalids Establishment Plan, may involve these sailors in the unemployment insurance scheme.
For its application to the employers and sailors referred to in section 2. 2. 1, the general regulation annexed to the February 19, 2009 Agreement on Unemployment Compensation is amended to read:
2. 2. 2. Benefits
Sections 1, 3, 4, 6, 9, 21 and 23 are amended in accordance with the provisions of Chapter 1 of Schedule II to the General Regulations.
2. 3. Contributions
Rule 41
Section 41 is amended to read:
" Employers who use the faculty offered under section 2. 2. 1 are required to address the affiliate body.
An employer's commitment is effective January 1 of a year.
The commitment is renewable year by year by tacit renewal; each of the two parties may denounce it at the end of each annual period, subject to a notice of 6 months and to notify the denunciation by registered letter with notice of receipt. "
Rule 43
Paragraph 1 of section 43 is amended to read:
" The contributions of employers and employees are seated on all of the capped gross remuneration, converted to euros on the basis of the official exchange rate at the time of their perception, entering the social security premiums set out in articles L. 242-1 and following of the social security code. "
Rule 46
Section 46 is amended to read:
" Any payment must be accompanied by a slip whose model is established by the Unédic and on which the employees concerned are appointed and, for each of them, the amount of the remuneration deducted for the calculation of the contributions. "
Rule 47
Article 47 is deleted.
Rule 48
The last paragraph of section 48 is deleted.
Rule 49
Section 49 is amended to read:
" Contributions are paid to the recovery agency. "
Rule 50
Articles 50 to 58 are deleted and replaced by an article 50 as follows:
" The employer making use of the provisions of section 2. 2. 1 must file an amount equal to at least the contributions (including employer share and share of wages) that would have been due in the previous calendar year if the undertaking had been affiliated, and not more than 2 times those contributions.
This deposit, which does not exempt the employer from paying current contributions to normal maturity dates, is reassessed annually to reflect the amount of contributions of the previous year.
In the case of denunciation made in the form provided for in section 41 of this section, the company shall be reimbursed, if any, the share of the deposit exceeding the contributions held until 31 December of the year in which the undertaking expires.
In the event of a breach of commitment without notice, the deposit remains acquired to unemployment insurance, in its entirety.
In the event of termination of the provisions of this section, employees informed of this situation may adhere individually under the conditions set out in section 2. 3 of Chapter 2 of this annex. "
2. 3. Individual membership of expatriate employees
2. 3. 1 Salaries concerned
Can ask to participate individually in the unemployment insurance scheme:
― expatriate employees occupied by an employer referred to in section 2. 1 and 2. 2 with the exception of expatriate employees employed by an employer affiliated with the compulsory unemployment insurance plan or by an employer affiliated on an optional basis under the provisions of this annex;
― expatriate employees nationals of a Member State of the European Union or another State Party to the European Economic Area (EEA) Agreement or the Swiss Confederation occupied by an embassy, consulate or international agency located abroad, as well as employees, affiliated with the general social security regime, embassies, consulates or international organizations located in France who do not participate in the unemployment insurance scheme 2. 1 ;
― expatriate employees occupied by a foreign State or by a public institution of the foreign State, provided that the persons concerned are not considered public officials.
The employees concerned may request to participate in the plan prior to their expatriation, or within 12 months after it, provided that in the latter case the application must be made on a date on which the contract with the employer remains in force.
For its application to the employees concerned by individual membership, the general regulation annexed to the 19 February 2009 convention on unemployment compensation is amended as follows:
2. 2. Benefits
1° Articles 3 to 6, 11 to 14 and 27 are amended as indicated in section 2. 1. 2;
2° For employees of international organizations:
Sections 3, 5, 6, 11 to 14 and 27 are amended as indicated in section 2. 1. 2;
― section 4 a, b, d, e and f: without change from section 2. 1. 2. ;
The text is as follows:
(c) Being under 65 years of age; however, persons 55 years of age and older must not be able to claim a full-rate or anticipated old-age advantage. "
Article 21
In article 21, a paragraph 4 is inserted as follows:
§ 4. The care is deferred to the expiry of a deductible period equal to a number of days corresponding to the quotient of the 12th of the reference salary by the reference daily salary. "
Rule 25
Section 25, paragraph 2 (a), of the General Regulations is amended to read:
(a) To meet the requirement set out in section 4 (c) above. "
2. 3. 3. Contributions
Rule 41
Section 41 is amended to read:
" The employee who makes use of the faculty offered by this section is required to address the affiliate organization.
He must accompany his request:
a copy of the employment contract with the employer, or a copy of the letter of engagement from that employer, attesting to its quality as an employee;
- information on the activity and legal nature of the company or organization that employs it to ensure that it can individually subscribe to the unemployment insurance plan under this section. "
Rule 43
Paragraph 1 of section 43 is amended to read:
" The contributions are based on all the gross capped remuneration converted to euros on the basis of the official exchange rate at the time of their perception, entering the social security premiums set out in articles L. 242-1 and following of the Social Security Code.
For employees of international organizations, contributions are based on all gross remuneration, converted to euros based on the official exchange rate at the time of their perception, as defined for the calculation of pension contributions. "
Rule 45
Paragraph 1 of section 45 is amended to read:
" Contributions are due on the first day of employment in which the employee has acceded under the provisions of this section. They are due on a quarterly basis and paid within the first 15 days of each calendar quarter for remuneration paid in the previous calendar quarter. "
Rule 46
Section 46 is amended to read:
" Any payment must be accompanied by a voucher, the model of which is established by the Unédic and the amount of the remuneration for the calculation of contributions. "
Rule 47
Article 47 is deleted.
Rule 48
Section 48 is amended to read:
" The payment of contributions is made at the employee's diligence, which is responsible for the payment of the employer and salary shares.
The amount of contributions is rounded to the nearest euro. The euro fraction equal to 0, 50 is counted for 1. "
Rule 49
Section 49 is amended to read:
" Contributions are paid to the recovery agency. "
Rule 50
Articles 50 to 58 are deleted and replaced by an article 50 as follows:
" The termination of the payment of contributions by the employee results in the cessation of the continued coverage of the risk of deprivation of employment as soon as it is recognized and served. "
Chapter 3
Border workers
3. 1. Salaries concerned
The border workers involved in this section shall meet the following conditions:
- their residence is located in France where they return in principle every day or at least once a week while exercising an employee activity in a neighbouring State other than a Member State of the European Union, than another State Party to the Agreement on the European Economic Area (EEA) or the Swiss Confederation; However, border workers who are detached by the company they normally report, retain the quality of border worker for a period not exceeding 4 months, even if during this period they cannot return every day or at least once a week instead of their residence;
― or, are border workers covered by the Franco-Swiss Unemployment Insurance Agreement of 14 December 1978, and meet the definition given in article 1, number 5, of this agreement.
3. 2. Benefits
The case of border workers and other workers under section 3. 1 is processed in accordance with the provisions of the February 19, 2009 agreement with respect to the conditions for opening rights to allowances, determining the duration of compensation, the personalized job access project and the terms and conditions for payment of benefits.
For the assessment of the conditions for the allocation of return-to-employment assistance referred to in Articles 3 and 4, the periods of employee activities carried out in the neighbouring State are taken into consideration.
The calculation of the benefits thus granted is carried out on the basis of the reference wage determined according to the actual gross remuneration collected in the State of employment, possibly converted into euros.
A N N E X E X
TO THE GENERAL REGULATION OF THE CONVENTION OF 19 FEBRUARY 2009
Artists of the show
In view of Book IV of Part 5 of the Labour Code, including articles L. 5422-6, L. 5423-4 and L. 5424-20 for the application of the unemployment insurance scheme to intermittent professionals in cinema, audiovisual, broadcasting and entertainment, in order to strengthen the follow-up of these beneficiaries in their career paths, the general regulation annexed to the convention is amended as follows:
Article 1
Section 1 adds a last paragraph to read as follows:
§ 4. The beneficiaries of this annex are the artists as defined in Articles L. 7121-2, L. 7121-3, L. 7121-4, L. 7121-6 and L. 7121-7 of the Labour Code engaged in a fixed-term employment contract by employers under thearticle L. 5422-13 or articles L. 5424-1 to L. 5424-5 of the said code. "
Article 2
Section 2 is amended to read:
" Unintentionally deprived of employment or assimilated, employees whose termination of the contract results from:
- an end to a fixed-term employment contract;
- an early termination of the fixed-term employment contract at the employer's initiative;
– a resignation considered legitimate, under the conditions established by an application agreement. "
Article 3
Section 3 is amended to read:
§ 1. Private employees must justify a period of affiliation of at least 507 hours of work within the 319 days preceding the termination of the employment contract, subject to Article 10, paragraph 1.
When the activity of the artists is declared in the form of cachets, each stamp is converted to hours on the basis of 1 stamp equal to 8 hours or 12 hours, depending on whether it is grouped or isolated cachets. The maximum number of cachets taken into account in the search for the required affiliation period is 28 per month.
Constitute grouped stamps that cover a period of employment of at least 5 days continuous at the same employer.
For the rationale for the 507 hours, only the actual working time exercised in the scope of this Schedule or Schedule VIII to the Regulations is retained, subject to section 7.
"§2. The periods of suspension of the work contract shall be held at 5 working hours per day of suspension.
However, the periods of suspension of the work contract resulting in the exercise of a professional activity excluded from the scope of the plan are not taken into account, with the exception of those exercised under sections L. 3142-78 to L. 3142-80 of the Labour Code.
§ 3. Also retained at 5 working hours per day, periods:
maternity ―Article L. 331-3 of the Social Security Codecompensation granted to the mother or adoptive fatherArticle L. 331-7 of the Social Security Codelocated outside the employment contract;
– a work accident that is targeted toArticle L. 411-1 of the Social Security Code which extend after the contract of employment.
§ 4. The periods of health insurance coverage, located outside of the employment contract, extend the period in which the condition of affiliation referred to in paragraph 1 or article 10, paragraph 1. "
Article 4
Section 4, subparagraphs (e) and (g), is amended to read:
"(e) Not having voluntarily left, unless provided for by an application agreement, their last employee work activity, or an employee work activity other than the latter, provided that, since the voluntary departure, it cannot be justified from a working period of at least 455 hours.
(g) This paragraph is deleted.
Article 5
Article 5 is deleted.
Article 6
Article 6 is deleted.
Article 7
Section 7 is amended to read:
" The training activities referred to in Books III and IV of the sixth part of the Labour Code, with the exception of those paid by the Unemployment Insurance Plan, are assimilated to working hours within 2 / 3 of the number of hours fixed in Article 3 or 10, paragraph 1. "
The teaching hours provided by artists under a contract of work with a duly accredited educational institution shall be held within 55 hours for the justification of the period of affiliation referred to in Article 3, paragraph 1 or 10, paragraph 1.
The 55-hour limit is extended to 90 hours for artists aged 50 years or older on the date of completion of the contract for the opening of rights.
The hours of education thus taken into account reduce the limit of 2 / 3 hours of training referred to in the first paragraph above. "
Article 10
Section 10, paragraph 1 and paragraph 3 is amended to read:
"§ 1. a) The opening of a new period of compensation or readmission is conditional on the condition that the employee meets the conditions specified in sections 3 and 4 for one or more activities carried out after the end of the work contract previously taken into consideration for the opening of the rights.
(b) When the allotted party was previously in charge of this Schedule or Schedule VIII and cannot justify the period of affiliation referred to in Article 3, it is sought for a period of 48 hours per 30-day period beyond the 335th day before the end of the contract (16).
As a transitional measure, for readmissions for an end of employment contract prior to March 31, 2008, the number of hours of work required beyond the 335th day is reduced from 48 to 45 hours of work (17).
The search for affiliation is carried out under the conditions set out in Articles 3 and 7.
(c) The examination for readmission under the above-mentioned conditions shall be carried out at the request of the individual contractor when the compensation period is not exhausted or, if not, at the end of the compensation.
(d) The readmission shall be effected on the declarations made on the certificate forms determined by the Unédic and sent by the employer under the conditions set out in section 62. The employee must retain the copy of the certificate issued by his employer under the Articles R. 1234-9 to R. 1234-12 of the Labour Code, to be able to communicate it, if any.
(e) Only the activities that were declared by the employee each month in the term ended on the employee's monthly status document and certified by the sending of the form referred to in section 62.
§ 3. Paragraph 3 is deleted.
Article 11
Article 11 is deleted.
Article 12
Section 12 is replaced by the following text:
§ 1. The compensation period is 243 days.
§ 2. By exception to paragraph 1 above, allocatories aged 60 and 6 months continue to benefit from the allowance they receive up to the deadlines set out in section 33, paragraph 2 (a), of the General Regulations, if they meet the following conditions:
- be in compensation;
― justifying 9,000 hours of work under this Schedule or Schedule VIII, of which 1,521 hours in the last three years, or at least 15 years of affiliation with the unemployment insurance scheme, or periods similar to those defined by the application agreement 18 of 18 January 2006;
– justifying 100 quarters validated by old age insurance within the meaning of articles L. 351-1 to L. 351-5 of the social security code.
However, they are submitted to the competent regional parity proceeding, the records of allocataires whose termination of the contract of employment occurred as a result of resignation. "
Article 13
Article 13 is deleted.
Article 17
Article 17, paragraph 2, is deleted.
Article 21
Section 21 is replaced by the following text:
§ 1. The reference wage taken into account in determining the daily allowance shall be established, subject to section 22, from the remuneration in the contribution plate, in respect of the reference period for the opening of duties or the last readmission, provided that they have not been used for a previous calculation.
§ 2. The reference wage thus determined shall not exceed the sum of the monthly wages capped in accordance with section 59 of the Regulations and included in the reference period, the incomplete months being counted prorated. "
Article 22
Section 22 is amended to read:
"§2. The second paragraph of Article 22, paragraph 2, is supplemented by the following text:
The same is true of the remuneration for cachets made beyond 28 per month. "
§ 4. Paragraph 4 of Article 22 is deleted. "
5. Paragraph 5 of Article 22 is deleted.
Article 23
Section 23 is replaced by the following text:
"The daily allowance (AJ) served under sections 3 and following is the amount resulting from the following formula:
Article 24
Article 24 is deleted.
Rule 25
Section 25 is replaced by the following text:
" The daily allowance determined pursuant to section 23 is limited to 34, 4% of 1 / 365 of the annual ceiling on contributions to unemployment insurance.
The daily allowance paid during a training period included in the personalized job access project may not be less than 18, 28 €. "
Rule 27
Section 27 is replaced by the following text:
" An participation of 0.93 per cent on average daily wage is retained on the allowance determined under sections 23 to 26.
The average daily wage is equal to the quotient of the reference salary, as set out in section 21, by the number of working days determined on the basis of working hours at 10 hours per day.
The deduction of this interest may not have the effect of determining a daily allowance less than the minimum allowance referred to in section 23 (3).
The proceeds of this participation are allocated to the financing of the complementary pensions of allocataries of the unemployment insurance plan. "
Rule 29
Section 29 is amended to read:
§ 1. The allowance is deferred to the expiry of the deferred compensation calculated on the basis of the amount of wages collected during the reference period for the opening of rights or the last readmission, the average daily wage as defined in section 27 and the value of the minimum interprofessional daily salary of growth on the last day of the reference period determined on the basis of 35 hours per week, decreased by 30 days
Only certified days of unemployment are used to compute the deferred compensation.
§ 2. In the second paragraph, the words: "by the reference daily wage" are replaced by the words: " by the average daily wage as defined in article 27".
§ 3. This paragraph is deleted.
Rule 31
Paragraph 1 of section 31 is amended to read:
" The deadlines determined pursuant to section 29 shall run from the day after the end of the employment contract, or from the day after the date of examination of the rights for readmission. "
Rule 32
In section 32, the first seven paragraphs are replaced by the following paragraphs:
" The benefits are paid monthly to term expired for every working day or not with respect to the monthly statement of situation sent by the individual.
An allocatary who records one or more periods of employment during a calendar month must mention it on its monthly status statement. The corresponding certificate(s) must be sent by the employer to the national recovery centre referred to in section 56, paragraph 1.
In the absence of the employer's certificate, a provisional payment of the allowances is made on the basis of the monthly statement of situation and a regularization of the payment is made later. "
Rule 35
In section 35, a new paragraph 6 is inserted as follows:
" The National Recovery Centre is entitled to require the production of all documents (work contract, pay bulletin, etc.) from the employer(s) or elements that may justify that the activity in question falls within the scope of this annex. "
Paragraph 6 becomes paragraph 7.
Rule 39
Article 39 is deleted.
Rule 40
Article 40 is deleted.
Rule 41
Section 41 is replaced by the following text:
" In the event of a professional activity, the number of days of work during the calendar month is determined based on the number of hours of work performed at 10 hours per day, the number of days of involuntary employment indemnity during a calendar month is equal to the difference between the number of calendar days of the month and the number of working days assigned to coefficient 1, 3. "
Rule 42
Article 42 is deleted.
Rule 43
Article 43 is deleted.
Rule 44
Article 44 is deleted.
Rule 45
Article 45 is deleted.
Rule 46
Article 46 is deleted.
Rule 56
Section 56, paragraph 1, first paragraph, and paragraph 3, is amended to read:
§ 1. Employers included in the scope set out in section 1, paragraph 4 are required to join the National Recovery Centre, managed by an institution of the Unemployment Insurance Plan designated by the Office of the Unédic, within 8 days of the date on which the Unemployment Insurance Plan is applicable to them. "
§ 3. Prerequisitely on the start of any new activity in Schedule VIII or X (new production, new show,...), the employer must request, for it, the assignment of an object number.
This number must be deferred, by the employer, obligatoryly on the salary bulletins and monthly certificates provided for in section 62 and, whenever possible, on the employment contracts.
Beyond March 31, 2008, any monthly certificate referred to in section 62 that does not include an object number will result in a penalty that is the same as that set for the purposes of section 67 of the General Regulations.
The office of the Unédic should be periodically informed about the implementation of the procedure for assigning the object number. "
Rule 59
The second paragraph of section 59 is amended to read:
" However, they are excluded from the contribution base:
the remuneration of employees aged 65 or older;
― compensation exceeding, employer by employer, 4 times the limit of the old-age social security insurance plan referred to in theArticle L. 241-3 of the Social Security Code. "
Rule 60
Section 60 is replaced by the following text:
" The funding for the allocation referred to in this annex is two contribution rates.
The rate of contributions for the financing of compensation resulting from the application of the Common Law Rules of Unemployment Insurance is set at:
5, 40 per cent, 3, 50 per cent for employers and 1, 90 per cent for employees.
The rate of contributions for the financing of compensation resulting from the application of derogatory and specific rules set out in this annex shall be determined by:
5, 40 per cent, 3, 50 per cent for employers and 1, 90 per cent for employees. "
Rule 61
Section 61 is replaced by the following text:
" Contributions are payable no later than 15 of the month following the month in which the remuneration is paid. "
Rule 62
Paragraphs 2 and 3 of section 62 are amended to read:
Paragraph 2 is replaced by the following text:
Employers must send the corresponding certificates for each employee employed in the month at the latest with their notice of payment. These certificates include periods of employment and remuneration for those periods that have been submitted to contributions. These statements are made in accordance with the terms and conditions established by the Unédic. In the event of a non-report by the employer, during the monthly payment of the contributions, periods of employment, delay increases are due under the conditions set out in section 66 of the General Regulations. "
Paragraph 3 of section 62 is deleted.
Rule 65
Section 65 is amended to read:
" Contributions are paid by each institution to the national recovery centre managed by an institution designated by the office of the Unédic. "
Rule 69
Article 69, paragraph 1, c, is read as follows:
"(c) Grant a total or partial surrender of the delay increases provided for in Article 66 and the penalties provided for in Articles 56, paragraph 3, 62, 63, 67 and 74 to the good-faith debtors justifying the impossibility in which they have found themselves, due to a case of force majeure, to settle the amounts due within the specified time limits. "
Rule 75
Article 75 is deleted.
It is added a title VIII, title VIII. – Entry into force. "
Rule 77
An article 77 is drafted as follows:
" This Appendix applies to beneficiaries whose termination of employment contract considered for admission or readmission is after March 31, 2007. "
A N N E X E X I
ANNEX TO THE GENERAL REGULATION AND ANNEX TO THE GENERAL REGULATION OF THE CONVENTION OF 19 February 2009
Former holders of a fixed-term employment contract, who have been paid for expenses related to individual training leave
The provisions of this Schedule apply to former holders of a fixed-term employment contract, beneficiaries of individual training leave referred to in sections L. 6322-25, R. 6322-20 and D. 6322-21 of the Labour Code.
For the persons defined above, the articles of the general regulation annexed to the February 19, 2009 Convention on the Compensation of Unemployment and its annexes shall apply, subject to the provisions referred to in chapters I and II.
Chapter I
Benefits
1. For the purpose of finding the conditions for the allocation of return to employment assistance provided by the General Regulations or its Annexes, are considered to be periods of affiliation on days or hours of training for individual training leave.
2. For the purposes of sections 7 and 8 of the General Regulation and its Annexes, the last day of training is assimilated to an end of the employment contract.
3. For the determination of the amount of the return-to-employment aid allowance, the remuneration received during the individual training leave and subject to contributions shall be taken into account in calculating the daily allowance.
Chapter II
Affiliation-Ressources
1. The State-approved parity bodies for individual training leave (OPACIF) are required to pay contributions, with a view to maintaining protection against the risk of unemployment, for any former holder of a fixed-term employment contract who has been paid for the expenses related to individual training leave (Article L. 6322-36 of the Labour Code).
2. For the purposes of Chapter I of Subtitle II to Title V of the General Regulations and its Annexes, the conditions for determining the contribution base are as follows:
For the purposes of Article 43 of the General Regulation and its Annexes, the contributions of the parity agencies and the beneficiaries of the individual training leave shall be based on the remuneration paid, as defined by Article 2-46 of the Inter-Professional National Agreement of 5 December 2003 on the access of employees to training throughout the work life, and calculated on the basis of the average wages collected during the last 4 months articles L. 6322-5 and R. 6322-2 of the Labour Code and in the second paragraph of Article 2-19 of the above-mentioned agreement.
A N N E X E X I I
ANNEX TO THE GENERAL REGULATION AND ANNEX TO THE GENERAL REGULATION OF THE CONVENTION OF 19 February 2009
Definition of specific employer contribution base
and employees for certain occupations
Considering that Article 43 of the General Regulation provides that contributions from employers and employees shall be based on gross remuneration capped, i.e., except in particular cases defined by an annex, on all remuneration in the social security premiums set out in Articles L. 242-1 and following of the Social Security Code;
Considering that, for the calculation of contributions, the application of Article 43 of the General Regulation leads, for certain categories of employees:
- to retain a flat base (chapter 1);
either to apply a specific lump-sum deduction for professional costs for journalists (chapter 2);
Noting that, pursuant to section 13, paragraph 1, of the General Regulations, the allowances are calculated on the basis of a reference salary based on the remuneration used in the calculation of contributions, which leads to the payment of allowances based on a lower salary, it is decided to make the following exceptions to the principle set out in the first consideration.
Chapter I
Salaries with a flat base
social security
When the deduction for social security contributions is flat, it is not applied to the flat base. In such cases, the contribution base shall be made by all capped gross remuneration in the social security contribution base provided for in the social security contribution baseArticle L. 242-1 of the Social Security Code.
This includes:
- staff employed as an accessory or temporary by associations and others, on holiday or leisure;
- the staff of holiday and leisure centres;
- casual trainers;
– home vendors in selected time;
- the media carriers;
― personnel carrying on business on behalf of a legal person with a sporting purpose, a youth association or popular education referred to in the Judgment of July 27, 1994 (OJ of August 13, 1994).
Chapter II
Salaries with a specific lump sum deduction
for professional costs: journalists
For journalists, the contribution base referred to in section 43 of the General Regulation is comprised of all capped gross remuneration in the social security contribution count before the 30 per cent slaughter.
Done in Paris, March 30, 2009.
For the Minister and by delegation:
Le delegate général à l'emploi
and vocational training,
B. Martinot
