Key Benefits:
Minister of Labour, Employment and Health,
Vu le Labour codearticles L. 5422-20 to L. 5422-23, R. 5422-16 and R. 5422-17;
Considering the Convention of 6 May 2011 on compensation for unemployment;
Considering the application by the signatory parties on 6 May 2011;
Considering the opinion published in the Official Journal on 27 May 2011;
Considering the opinion of the National Employment Council of 27 May 2011,
Stop it!
Are made mandatory for all employers and all employees mentioned in theArticle L. 5422-13 of the Labour Codethe provisions of the Convention of 6 May 2011 on compensation for unemployment and its general regulation annexed to the above-mentioned Convention.
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
CONVENTION 6 MAI 2011
RELATIVE TO THE INDEMNISATION OF THE HOUSE
The Mouvement des entreprises de France (MEDEF) ;
The General Confederation of Small and Medium Enterprises (CGPME);
The Craft Professional Union (UPA),
On the one hand,
The French Democratic Confederation of Labour (CFDT);
The French Confederation of Christian Workers (CFTC);
The Confederation française de l'encadrement-CGC (CFE-CGC) ;
The General Confederation of Labour-Force Workers (CGT-FO);
The General Confederation of Labour (CGT),
On the other hand,
Considering the positive effects of the Inter-Professional National Agreement of 23 December 2008 on compensation for unemployment;
Considering the economic situation;
Considering the impact of the latter, in particular, on the situation of employment and the number of persons deprived of employment;
Considering the need for a return to the financial balance of the unemployment insurance scheme;
In the light of the fifth part, books I, III and IV of the Labour Code, including articles L. 5122-4, L. 5123-6, L. 5312-1, L. 5421-1, L. 5422-9, L. 5422-10, L. 5422-16, L. 5422-20, L. 5422-21, L. 5422-22, L. 5422-24, L. 5427-1, L. 5427-1, L. 5427-1, L. 5427-1, L. 5422-21, L. 5422-21, L.
Considering the National Inter-Professional Agreement of 25 March 2011 on compensation for unemployment;
Having regard to the protocol of 18 April 2006 on the rules for the care of intermittent professionals in cinema, audiovisual, broadcasting and entertainment by the unemployment insurance system,
The following provisions are agreed upon:
Article 1
Management of the unemployment insurance plan
The management of the unemployment insurance plan is entrusted to the Unédic.
Article 2
Compensation
§ 1. The national inter-professional unemployment insurance scheme is intended to provide replacement income for a specified period of time to unintentionally deprived employees of employment who meet the eligibility requirements for the scheme.
§ 2. The unemployment insurance system is articulated around a single sector that respects the following principles:
― opening up to compensation rights is subject to a minimum term of affiliation with the unemployment insurance plan;
― the duration of compensation is equal to the duration of affiliation to the unemployment insurance plan, within the limits of a ceiling that varies according to that the beneficiaries have more or less than 50 years at the end of the employment contract taken into account for the opening of their rights;
― the duration of compensation may not exceed the duration of affiliation to the unemployment insurance plan;
― the durations of affiliation to the unemployment insurance scheme used to determine the duration of the allowances are calculated over a fixed base period.
§ 3. In order to encourage the resumption of employment, the cumulative return-to-employment benefit with pay is authorized under the conditions and limits set out in the attached general regulation.
§ 4. In order to facilitate the reclassification of allocatories aged 50 and over or indemnified for more than 12 months, differential reclassification assistance is paid to them under the conditions and limits set out in the general regulations.
§ 5. In order to facilitate the reclassification of allocataires with a project of resumption or creation of a company, specific assistance is provided for the reclassification granted under the conditions defined by the general regulation ci-annexed, referred to as "assistance for the resumption or creation of a company".
Article 3
Contributions/resources
§ 1. The contributions of employers and employees for the coverage of expenses relating to the unemployment insurance scheme are based on the remuneration limited to 4 times the ceiling of the general social insurance scheme covered by the social security insurance schemeArticle L. 241-3 of the Social Security Code.
The rate of contributions is set at 6.40 per cent and is allocated to employers at 4% and to employees at 2.40 per cent.
However, the rates of contributions by employers and employees to the financing of the unemployment insurance plan will be reduced to the effect of January 1 or July 1 of each year if, during the preceding two semesters, the operating result of each semester is surplus by at least 500 million euros and provided that the level of debt of the plan is equal to or less than the equivalent of 1.5 months of contributions calculated on the average of the plan.
To calculate the rate reduction, the sum of the amounts exceeding 500 million euros of each of the semi-annual operating results will be divided by the amount of the contributions collected over the same period and converted to a percentage. This percentage will then reduce the contributions of the following semester, prorated by the "employee" and "employee".
The results of each semester that allowed the calculation of the reduction in the rates of contributions are taken into account only once.
The reduction in contribution rates resulting from the provisions of this article may not have the effect of decreasing the overall rate of contributions by more than 0.4 points per year.
The terms and conditions for the application of the provisions set out in paragraphs 3, 4 and 6 of this paragraph are defined by an application agreement.
§ 2. For employers and intermittent employees in the professions of cinema, audiovisual, broadcasting and entertainment, the rates of contributions are set out in Annexes VIII and X to the general regulations annexed to this Agreement.
§ 3. A contribution equal to 2 months of average gross wages for the last 12 months worked is due to the employer's unemployment insurance plan which proceeds to dismissal on economic grounds of an employee without proposing to him the benefit of a personalized reclassification agreement, in accordance with theArticle L. 1235-16 of the Labour Code.
Article 4
Scope
The unemployment insurance scheme applies to metropolitan territory, overseas departments and overseas communities in Saint-Pierre-et-Miquelon, Saint-Barthélemy and Saint-Martin.
It also applies to seconded employees and expatriate employees, nationals of a Member State of the European Union, another State Party to the Agreement on the European Economic Area (1) (EEA) or the Swiss Confederation, occupied by companies entering the territorial scope of the Convention.
Article 5
General Regulation, Annexes and Agreements
§ 1. This Agreement shall be annexed to the General Regulation of the Unemployment Insurance Plan.
§ 2. The situation of specific occupational categories is the subject of protocols annexed to the general regulation and negotiated between representative organizations at the national and interprofessional level of employers and employees. These protocols are referred to as annexes.
Annexes VIII and X, adopted in accordance with the 18 April 2006 protocol on rules for the care of intermittent professionals in cinema, audiovisual, broadcasting and entertainment by the unemployment insurance system, remain governed by the specific provisions set out in the said protocol.
§ 3. The conditions and/or modalities for the implementation of the provisions of the agreement, the general regulation and the annexes are the subject of agreements of application negotiated between representative organizations at the national level and interprofessional of employers and employees.
Article 6
Regional Joint Forums
As part of the mandates entrusted by the Unédic à Pôle emploi and in accordance with the multi-year convention under theArticle L. 5312-3 of the Labour Code, competence shall be given to the regional joint bodies serving within each regional directorate of Pôle emploi to decide in the cases provided for by the general regulation annexed to this Convention and by the agreements of application.
Article 7
Regulatory Fund
The regulatory fund is intended to ensure the stability of benefits and contributions in the periods of circuit fluctuations in terms to be defined by the Office of the Unédic.
Article 8
Contribution to the financing of Employment
Contributions by employers and employees referred to in Articles L. 5422-9, L. 5422-11 and L. 5424-20 of the Labour Code Fund a global contribution to the "Operation and Investment" section and to the "Operation and Investment" section of the Employment Fund.
Article 9
Duration and entry into force
This Agreement shall be concluded for a fixed period from 1 June 2011 to 31 December 2013, after which it shall cease in full right to produce its effects, with the exception of Article 3, paragraph 1, paragraphs 3 to 6, which shall remain in force until 31 December 2016.
Article 10
Transitional measures
§ 1. The provisions of this Agreement, the annexed General Regulations, the Annexes to these Regulations and the Implementing Agreements shall apply to unintentionally deprived employees of employment whose termination of employment contract has occurred as of 1 June 2011.
§ 2. However, the situation of employees included in a termination proceedings initiated prior to the date of application of this agreement remains governed by the provisions of the agreement, the general regulation and its annexes in force on the day of the commencement of the proceedings.
The engagement of the procedure is either:
- the date of the prior maintenance referred to in sections L. 1232-2 to L. 1232-5 and L. 1233-11 of the Labour Code;
―on the date of submission of the letter of summons at the first meeting of the representative bodies of the staff, provided for in articles L. 1233-28 to L. 1233-30 of the Labour Code.
Article 11
Deposit
This Agreement shall be deposited with the General Directorate of Labour.
Made in Paris, May 6, 2011, in two original copies.
MEDEFCFDT
CGPMECFE-CGC
UPACFTC
CGT-FO
General rules
Annexed to the Convention of 6 May 2011
TITLE I. ― The ALLOCATION OF AID TO MEPLOY
Chapter 1. - Beneficiaries (arts. 1 and 2)
Section 2. ― Conditions of attribution (Art. 3-10)
Section 3. ― Compensation periods (Art. 11 and 12)
Section 4. ― Determination of Daily Allowance
Section 1. ― Reference Salary (Arts. 13 and 14)
Section 2. ∙ Daily allowance (arts. 15-19)
Section 3. Revalorization (Art. 20)
Section 5. – Payment
Section 1. ― Compensation Disputes (Art. 21)
Section 2. ― Waiting period (Art. 22)
Section 3. ― Point of departure of payment (Art. 23)
Section 4. Frequency (Art. 24)
Section 5. – Termination of payment (Art. 25)
Section 6. ― Undue benefits (Art. 26)
Chapter 6. ― Action in Payment (Art. 27)
Section 7. ― Incitement to the resumption of employment by the cumulative benefit of return to employment with pay (Art. 28 to 32)
Section 8. ― Differential Reclassification Assistance (Art. 33)
Section 9. ― Assisting in the resumption or creation of a company (Art. 34)
PART II. OTHER PROVENTIONS
Chapter 1. death allowance (Art. 35)
Section 2. ― Unpaid leave assistance (Art. 36)
Section 3. ― Assistance to the Allator upon completion of his rights (Art. 37)
PART III. ― LES PRESCRIPTIONS (Art. 38 and 39)
PART IV. – REGIONAL PARITAL INSTANCES (Art. 40)
TITRE V. ― LES CONTRIBUTIONS
Subtitle I. ― Affiliation (Art. 41)
Subtitle II. Resources (Art. 42)
Chapter 1. General contributions
Section 1. ― Assiette (Art. 43)
Section 2. Rate (Art. 44)
Section 3. ― Required (Art. 45)
Section 4. ― Declarations (Art. 46)
Section 5. Payment (Art. 47)
Section 6. ― Pre-contentious and contentious (Art. 48)
Section 7. ― Discounts and deadlines (Art. 49)
Section 2. - Special contributions
Section 1. ― Specific Contribution (Art. 50)
Section 2. — Recovery (Art. 51)
Section 3. Other resources (Art. 52 and 53)
PART VI. ― FINANCIAL AND COMPTABLE ORGANIZATION (Art. 54)
General rules
Annexed to the Convention of 6 May 2011
PART I
Allocation of Aid
THE RETURY TO MEPLOY
Chapter 1
Beneficiaries
Article 1
§ 1. The Unemployment Insurance Plan provides a replacement income called a return-to-employment help allowance, for a specified period of time, to involuntaryly employed employees who meet conditions of activity designated as an affiliate period, as well as conditions of age, physical fitness, unemployment, registration as an employment applicant, job search.
§ 2. The payment of the allowances and the allocation of the aids provided by these Regulations are as a result of the signature of an application for allowances proposed by the Unédic.
Article 2
Unintentionally deprived of employment or assimilated employees whose termination of the employment contract results from:
- a dismissal;
– a conventional termination of the employment contract, as defined in articles L. 1237-11 and following of the Labour Code;
- an end to a fixed-term contract, including defined-objective contracts;
a resignation considered legitimate, in the conditions set by an application agreement;
―a termination of employment contract resulting from one of the causes set out inArticle L. 1233-3 of the Labour Code.
Chapter 2
Conditions of attribution
Article 3
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 affiliate period must be at least 122 days, or 610 hours of work, in the 28 months preceding the termination 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, or 610 hours of work, during the 36 months preceding the termination of the employment contract (term of notice).
The number of hours taken into account for the required affiliation period is sought 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 on the basis of a day of affiliation per day of suspension or, where the duration of affiliation is calculated in hours, at 5 hours of work per day of suspension.
However, the periods of suspension of the employment contract resulting in the exercise of a professional activity excluded from the scope of the unemployment insurance scheme, except for those exercised under sections L. 3142-78 to L. 3142-80 and L. 3142-91 of the Labour Code.
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 a rate of 5 hours, to days of affiliation within two thirds of the number of days of employment or hours of which the private employee of employment justifies in the reference period.
The last day of February is counted for 3 days of affiliation or 15 hours of work.
Article 4
Private employment employees justifying a period of affiliation as provided for in Article 3 shall:
(a) Being registered as a job seeker or carrying out a training action in the personalized job access project;
(b) To be in the effective and permanent search for a job;
(c) Not having reached the age determined for the opening of the right to an old age pension within the meaning of 1° of Article L. 5421-4 of the Labour Code. However, persons who have reached the above age without being able to justify the number of quarters of insurance required under sections L. 351-1 to L. 351-5 of the Social Security Code (all plans) (1), to receive a full-rate pension, may benefit from the allowances up to the justification of this number of quarters and, at the latest, up to the age specified at the time of 2° of Article L. 5421-4 of the Labour Code.
In addition, private employment workers under the special mine regime, managed by the Caisse des Dépôts et consignations, on behalf of the Caisse autonome nationale de la sécurité sociale dans les mines (CANSSM), should not be:
― neither holder of an old-age pension known as a "normal pension", which entails at least 120 quarters validated as mining services;
― neither beneficiaries of a so-called "connection" plan providing for the same services a supplement of resources to be relayed by the benefits of open retirement, always under the services in question, in the supplementary pension plans applying the national collective agreement of March 14, 1947 and the agreement of December 8, 1961;
(d) Being physically fit for employment;
(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 period of affiliation of at least 91 days or from a period of work of at least 455 hours;
(f) Residing in the territory under the scope of application (2) of the Unemployment Insurance Plan referred to in Article 4, paragraph 1, of the Agreement.
Article 5
In the event of termination for the final closure of an institution, employees (3) shall be exempted from completing the condition of termination of section 3.
Article 6
In the case of a reduction or cessation of activity of an establishment, employees (3) in total unemployment for at least 42 days, without the termination of their employment contract, may be eligible for benefits under the conditions defined by an application agreement.
However, if in the calendar year the persons concerned were compensated pursuant to a professional agreement or an agreement made under articles L. 5422-21 to L. 5422-23 of the Labour Code, for a number of hours of partial unemployment at least equal to the compensation contingent referred to in the compensation quota referred to in the Labour Code.Article R. 5122-6 of the Labour Code and fixed by ministerial order, for the profession they depend upon at the time of their cessation of activity, admission may be pronounced without requiring 42 days of continuous unemployment.
Article 7
§ 1. The termination of the employment contract taken into consideration for the opening of the rights must be within 12 months, the term of which is the registration as an applicant for employment.
§ 2. The 12-month period is extended:
(a) Days of interruption of work that resulted in the service of sickness insurance cash benefits, day-to-day maternity insurance benefits for social insurance, day-to-day paternity leave allowances, day-to-day compensation for a work injury or occupational illness;
(b) Periods during which a 2nd or 3rd class disability pension within the meaning ofArticle L. 341-4 of the Social Security Code, or within the meaning of any other provision provided by special or autonomous social security schemes, or a disability pension acquired abroad, has been served;
(c) Periods during which obligations entered into at the national service were fulfilled, pursuant to theArticle L. 111-2, first and second paragraph, of the National Service Code and the duration of the missions carried out under one or more contracts of civic service, volunteering international solidarity or volunteering associative;
(d) Continuous vocational training periods referred to in Books III and IV of Part VI of the Labour Code;
(e) Periods during which the person concerned was subjected to an incarceration measure that extended to no more than 3 years after the termination of the employment contract during the period of deprivation of liberty;
(f) Periods following the termination of the employment contract in the conditions defined in the Articles L. 1225-66 and L. 1225-67 of the Labour Code where the person concerned could not be rehired under the conditions provided for in this article;
(g) Periods of parental education leave obtained under the conditions laid down in articles L. 1225-47 to L. 1225-51 of the Labour Code, when the employee lost his or her employment during the leave;
(h) Periods of leave for the creation of a business or sabbatical leave obtained under the conditions established by articles L. 3142-78 to L. 3142-83, L. 3142-91 to L. 3142-94 and L. 3142-96 of the Labour Code;
(i) The duration of the missions entrusted by vote under an elective, political or exclusive union mandate of a labour contract;
(j) Periods of payment of the free choice of activity of the child's reception benefit, following an end to the employment contract;
(k) Periods of teaching or research leave obtained under the conditions set out in articles L. 6322-53 to L. 6322-58 of the Labour Code, when the employee lost his or her employment during that leave;
(l) Periods of payment of the parental attendance allowance referred to in theArticle L. 544-1 of the Social Security Code following an end to the employment contract;
(m) Parental leave periods obtained under the conditions established by the Articles L. 1225-62 and L. 1225-63 of the Labour Codewhen the employee lost his or her employment during the leave.
§ 3. The 12-month period is further extended by periods during which:
(a) The individual was disabled:
―whose permanent incapacity was such that he or she would have been able to perceive, if he or she did not already receive an advantage of old age or disability ― the allowance to disabled adults covered by theArticle L. 821-1 of the Social Security Code ; and
- whose state required the effective assistance of a third person justifying the allocation of the compensatory allowance or compensation benefit referred to in Article L. 245-1 of the Code of Social Action and Families;
(b) The employee accompanied his spouse who had expatriated to occupy an employee or non-employed business outside the scope of application referred to in Article 4 of the agreement.
The extension referred to in this subsection is limited to 3 years.
§ 4. The 12-month period is further extended:
(a) periods of leave granted to raise a child under contractual provisions;
(b) Periods during which the individual created or resumed a business.
The extension referred to in this subsection is limited to 2 years.
Article 8
The end of the employment contract taken into account, under the conditions set out in section 2, for the opening of the rights is in principle that which put an end to the last activity carried out by the individual in a company within the scope of the unemployment insurance plan.
However, an employee who has not voluntarily left his or her last employment activity under the conditions defined in Article 4 (e) and who does not justify, under this termination of employment contract, the conditions referred to in Article 3 may be granted an opening of rights if he or she is in a position to justify that the conditions required were met for an end to the employment contract that occurred within the period referred to in Article 7.
Article 9
§ 1. 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.
Only activities that have been declared each month in the end expired under the conditions defined by an application agreement are considered.
§ 2. The private employment employee who has ceased to benefit from the benefit service, while the previously open compensation period was not exhausted, and who has not acquired new rights under paragraph 1 above, shall be entitled to a resumption of his or her rights, i.e. the relic of this period of compensation, after the application, if any, of article 12 as soon as:
(a) The time elapsed since the date of admission to the period of compensation considered is not greater than the duration of this period increased by 3 years of date;
(b) He did not voluntarily renounced the last employee work activity, if any, carried out, except as provided by an application agreement. This condition, however, is not enforceable for private employment employees who can receive the balance of a period of compensation giving them the right to the service of the allowances until the age when they are entitled to retirement and no later than the age provided for in the allowance 2° of Article L. 5421-4 of the Labour Code.
§ 3. In case of readmission, a comparison is made:
- between the total amount of the relic of the rights opened under the previous admission and the overall amount of the rights that would be opened in the absence of re reliquat;
― between the gross amount of the daily allowance of the previous admission and the gross amount of the daily allowance that would be served in the absence of reliquat.
The overall amount and gross amount of the highest daily allowance are retained.
The period of compensation is limited to the quotient of the total amount by the gross amount of the deducted daily allowance, rounded to the higher whole number.
Article 10
The provisions of Article 9, paragraph 1 and paragraph 3, apply to private employment employees who make the application expressly and who have resumed an activity during an open admission period following an end to the employment contract that occurred at the age of 58 or later.
Except in this case, the benefit service is taken under the same conditions as during the previous compensation period.
Chapter 3
Compensation periods
Article 11
§ 1. The period of compensation is equal to the term of affiliation taken into account for the opening of the rights. It may not be less than 122 days and may not exceed 730 days.
For employees deprived of employment aged 50 years or older on the date of the termination of their employment contract, this limit is extended to 1,095 days.
§ 2. Employees who are deprived of employment eligible for the return to employment benefit under the conditions laid down in Article 6 may be compensated for the return to employment for up to 182 days.
However, where the suspension of the business activity is attributable to a loss or natural calamity, compensation may continue subject to the durations set out in paragraph 1 above, up to the expected date of the business resumption.
In the event of a termination of the employment contract, the allowances paid under this subsection shall apply to the compensation periods set out in paragraph 1.
§ 3. By exception to paragraph 1 above, allocatories aged 61 continue to be compensated up to the age limits set out in section 4 c if they meet the following conditions:
- be in compensation for at least one year;
– justifying 12 years of affiliation with the unemployment insurance plan or similar periods defined by an application agreement;
- justifying 100 quarters validated by old age insurance under articles L. 351-1 to L. 351-5 of the Social Security Code;
– to justify, either a continuous year, or two years of termination in one or more companies in the 5 years preceding the end of the employment contract.
Article 12
In the case of participation in training activities paid by the State or regions, in accordance with theArticle L. 5422-2 of the Labour Code, the period of compensation set out in article 11, paragraph 1, paragraph 2, shall be reduced to half the duration of 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.
Chapter 4
Determination of daily allowance
Section 1
Baseline salary
Article 13
§ 1. The reference wage taken into account in setting the amount of the proportional portion of the daily allowance shall be determined, subject to section 14, from the remuneration of the 12 calendar months preceding the last day of work paid to the interested person (4) entering the contribution plate, provided that they have not already been used for a previous calculation.
§ 2. The reference wage so determined shall not exceed the sum of the monthly wages capped in accordance with section 43 of the regulations and included in the reference period.
Article 14
§ 1. In the reference salary, the remuneration which, although perceived outside the period referred to in the previous article, is nevertheless related to that period.
In whole or in part of that salary, the remuneration received during that period is excluded, but not related to it.
Accordingly, the allowances for 13 months, the balance sheet premiums, the bonuses received during this period are retained only for the portion of the period.
Salaries, rewards, premiums, whose payment is subordinate to the performance of a particular task or to the presence of the employee on a specified date, are considered to be benefits whose annual periodicity is.
§ 2. Excluded are termination, severance, severance benefits, specific termination benefits, compensatory leave allowances paid, notice or non-concurrence allowances, all amounts whose attribution finds its sole origin in the termination of the employment contract or the termination of the term of the employment contract, subsidies or debts that are granted by the employer in the course of a settlement operation.
Remunerations for work hours are also excluded beyond the limits provided by theArticle L. 3121-35 of the Labour Code.
Generally, all amounts that do not find their counterparty in the normal performance of the employment contract are excluded.
§ 3. The replacement income is calculated on the basis of the employee's usual remuneration.
Thus, if the reference period includes periods of sickness, maternity or, in a more general manner, periods of suspension of the employment contract that have not given rise to normal remuneration, such remuneration shall not be taken into account in the reference salary.
Compensation increases, which occurred during the reference period for the calculation of replacement income, are taken into account under the conditions and limitations provided by an application agreement.
§ 4. The average daily reference wage is equal to the quotient of the reference wage defined above by the number of days of belonging to which these wages were collected, within 365 days.
The days in which the employee 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 number of days of belonging.
Section 2
Daily allowance
Article 15
The daily allowance provided under sections 3 and following shall be the sum of:
―a portion proportional to the reference daily wage set at 40% of the reference daily wage;
― and a fixed part equal to 11,17 € (5).
When the sum thus obtained is less than 57.4 per cent of the reference daily salary, the latter percentage is retained.
The amount of the daily allowance served under sections 3 and following so determined shall not be less than €27.25 (6), subject to section 17.
Article 16
The minimum allowance and the fixed portion of the return-to-employment assistance allowance referred to in section 15 are reduced proportionally to the particular time of the interested party when the time schedule is less than the legal duration of the work concerning him or her or the period established by a collective agreement or agreement, as defined by an application agreement.
Article 17
The daily allowance determined under sections 15 and 16 is limited to 75% of the reference daily salary.
The daily allowance paid during a training period included in the personalized job access project may not be less than €19.53 (7).
Article 18
§ 1. The amount of the allowance served to allocatories aged 50 years or older who may claim an old-age benefit, or to another surrogate replacement income, including those acquired abroad, is equal to the difference between the amount of the return-to-employment aid allowance and an amount calculated on the basis of a percentage between 25% and 75% of the old-age or old-aged benefit.
The terms and conditions of reduction are set by an application agreement.
However, the amount paid cannot be less than the amount of the allowance referred to in section 15, last paragraph, within the limits set out in sections 16 and 17.
§ 2. The amount of the allowance paid to allocatories benefiting from a 2nd or 3rd category disability pension, within the meaning ofArticle L. 341-4 of the Social Security Code or within the meaning of any other provision provided for by special or autonomous social security plans, or a disability pension acquired abroad, is cumulative with the disability pension of 2nd or 3rd class under the conditions provided by theArticle R. 341-15 of the Social Security Code, as long as the income from the professional activity taken into account for the opening of the rights has been accumulated with the pension.
If not, the allowance for allocatories receiving such a pension is equal to the difference between the amount of the unemployment benefit and that of the disability pension.
Article 19
A 3% attendance on the reference daily salary is retained on the daily allowance determined under sections 15 to 18.
The removal of such participation may not result in a reduction in the amount of allocations as set out in the last paragraph of Article 15.
The proceeds of this participation are allocated to the financing of the complementary pensions of allocataries of the unemployment insurance plan.
Section 3
Revalorization
Rule 20
The General Assembly, the Board of Directors or the Office of the Unédic shall, once a year, revalue the reference salary of allocataries whose reference salary is fully constituted by old remuneration of at least 6 months.
The reference wage thus revalued cannot exceed 4 times the ceiling of the old-age social security insurance plan covered by theArticle L. 241-3 of the Social Security Codein force on the date of revalorization.
The general assembly, board of directors or office shall also reassess all allowances, or portions of allowances of a fixed amount.
These decisions of the general assembly, board of directors or office take effect on July 1st of each year.
Section 5
Payment
Section 1
Compensation costs
Article 21
§ 1. The care shall be deferred to the expiry of a deferred compensation for the number of days resulting from the quotient of the amount of the compensatory leave allowance paid by the last employer 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.
When the employer reports to the employerArticle L. 3141-30 of the Labour Code, the allowance is deferred upon the expiry of a deferred amount of compensation determined from the number of days corresponding to the paid leave acquired under the last employment.
§ 2. The deferral referred to in subsection 1 is increased by a specific deferral in the event of a termination of employment contract resulting in the payment of compensation or any other amount inherent in the breach, regardless of the nature of the deferral, provided that the amount or terms of calculation are not directly attributable to the application of a legislative provision.
This specific deferral corresponds to 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 employment contract, diminished the amount of any such allowance directly resulting from the application of a legislative provision, by the reference daily salary, under the conditions set out in paragraph 1 of this section.
This specific delay is limited to 75 days.
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 obliged 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 work contract is terminated for a period of less than 91 days, the deferrals referred to in paragraphs 1 and 2 shall be determined under the conditions established by an application agreement.
Section 2
Waiting time
Article 22
The support is delayed after a 7-day waiting period.
The waiting period does not apply in the event of readmission referred to in section 9, paragraph 1 or paragraph 3, which intervenes within 12 months of the previous admission.
Section 3
Point of departure
Article 23
Deferred compensation determined under section 21 shall be effective the day after the termination of the employment contract.
The waiting period referred to in section 22 shall be effective from the end of the term or deferred indemnification referred to in section 21, if the conditions for the allocation of the allowances set out in sections 3 and 4 are met on that date. If not, the waiting period is short from the day the conditions of sections 3 and 4 are met.
Section 4
Frequency
Article 24
Benefits are paid monthly to term expired for every working day or not.
This payment is based on the events declared each month by the allocator.
In accordance with sections 28 to 32, any allocator who has declared a period of employment may be entitled to the cumulative amount of his or her remuneration and allowances, subject to the justification of the remuneration received.
In the expectation of the evidence, the provisional calculation, on the basis of the stated remuneration, of an amount payable, in the form of advance, on the maturity of the month in question.
At the end of the following month, if the individual contractor provided the supporting documentation, the final calculation of the amount due shall be based on the evidence, and the payment shall be made, deducted from the advance.
When at that date, the allotted party did not provide the supporting documentation, the recovery of the advance will be recovered from the following deadlines.
In any case, the subsequent provision of supporting documentation leads to the regularization of the situation of the individual.
Private employees may request advances on benefits and advances under the conditions provided by an application agreement.
Section 5
Termination of payment
Rule 25
§ 1. The return to employment help allowance is not due when the allocator:
(a) Reveals an employee or non-employed business, carried out in France or abroad, subject to the application of the provisions of articles 28 to 32;
(b) Benefit from the assistance referred to in Article 34;
(c) Is taken or is likely to be covered by social security for cash benefits;
(d) Is allowed for the benefit of the free choice of activity of the reception service of the young child;
(e) Is eligible for the day-to-day parental allowance referred to inArticle L. 544-1 of the Social Security Code ;
(f) A entered into a civic service contract in accordance with provisions of Article L. 120-11 of the National Service Code.
§ 2. The return to employment help allowance is no longer due when the allocator ceases:
(a) To meet the requirement under Article 4(c) of the Regulations;
(b) To reside in the territory under the scope of the unemployment insurance scheme referred to in Article 4, paragraph 1, of the agreement.
§ 3. Payment of the return-to-employment aid allowance ceases on the date that:
(a) An inaccurate statement or a false statement having the effect of causing the payment of all undue allowances is detected;
(b) Allocatary is excluded from replacement income by the prefect under the conditions provided by the Articles R. 5426-3, R. 5426-6 to R. 5426-10 of the Labour Code.
Section 6
Undue benefits
Rule 26
§ 1. Persons who have unduly received any allowances or aids provided for in these Regulations shall reimburse them, without prejudice to the criminal sanctions resulting from the application of the legislation in force for those of them knowingly having made inaccurate declarations or submitted false certificates in order to obtain the benefit of such allowances or aids.
§ 2. The recurring action of unduly paid amounts is prescribed, except in cases of fraud or misrepresentation, by 3 years and, in case of fraud or misrepresentation, by 10 years from the day of the payment of these amounts. The prescription of the action extinguishes the debt.
Chapter 6
Action in payment
Rule 27
The application for allowances is completed and signed by the private employee of employment. In order for the application to be admissible, the private employment employee must submit his health insurance card ( Vital Card).
The nominative information contained in the application for allowances is recorded in a national directory of allocataires, with the aim of searching for cases of multiple claims for allowances by the same person for the same period of unemployment.
In order to allow the determination of the rights and allowances of the private employee of employment, employers are required to complete the forms provided for this purpose and conform to the models established by the Unédic.
Section 7
Incentive to the resumption of employment by the cumulative allocation
help returning to employment with pay
Rule 28
§ 1. The private employee of employment who fulfils the conditions set out in sections 2 to 4 and performs an occasional or reduced activity whose monthly intensity does not exceed 110 hours receives the allowance for return to employment, subject to:
(a) That the retained activity(s) do not provide compensation in excess of 70% of the monthly gross remuneration collected prior to the loss of part of its activities, or
(b) That the employee activity resumed after the loss of its activities does not provide the employee with remuneration exceeding 70% of the monthly gross remuneration taken into account in calculating the allowance.
For the application of the 70% threshold, the remuneration provided by the occasional or reduced activity is estimated per calendar month.
§ 2. The activities taken into account are those carried out in France or abroad, reported during monthly and justified updating.
Rule 29
The allowance is fully cumulative with income from the occasional or reduced activity retained.
The daily allowance is determined in accordance with sections 15 to 19 on the basis of a reference salary consisting of lost employment pay.
Rule 30
The allowance is partially cumulative with income from the occasional or reduced resumed activity.
Cumulative allowances are determined from a number of days indemnified during a calendar month equal to the difference between the number of calendar days of the month and the number of days corresponding to the quotient of monthly gross remuneration by the reference daily salary. For allocataries aged 50 and older, this quotient is affected by a minoration coefficient equal to 0.8.
Cumulative shall be determined on the basis of the declarations of activities carried out in accordance with section 28, paragraph 2.
In the event of additional declarations or corrigenda, a regularization of cumulations takes place, one month over the other.
Rule 31
Payment of the allowance shall be made for 15 months within the period of compensation referred to in Article 11. This period is calculated on the basis of the calendar months in which the allotted party was compensated under this chapter.
The 15-month limit is not applicable to allocataires aged 50 and over or to employees of an employment support contract.
Rule 32
The cumulative return-to-employment aid allowance with compensation provided by a non-employed business is determined in terms defined by an application agreement.
Section 8
Differential reclassification assistance
Rule 33
Assistance is awarded to the 50-year-old or more-indemnified individual who has been employed for more than 12 months:
- in a company other than the one in which he exercised his previous job;
which does not benefit from the measures provided for in articles 28 to 32;
― and whose remuneration is, for the same period of work, less than 15% to 30 times the reference daily salary used to calculate the return-to-employment aid allowance.
The monthly amount of the reclassification differential aid is equal to the difference between 30 times the reference daily salary that was used to calculate the return-to-employment aid allowance and the monthly gross wage of the employee employment resumed.
This help, intended to compensate for the decrease in pay, is paid monthly-only for a term that cannot exceed the maximum duration of the rights and within a total amount capped to 50% of the residual rights on the return to employment benefit.
The payment periods of this assistance reduce the proportion of the remaining rights to the day of employment.
This assistance is incompatible with the assistance provided in section 34.
The terms and conditions of application of this Article shall be determined by an application agreement.
Section 9
Support for business recovery or creation
Rule 34
Support for the resumption or creation of a company is attributed to the individual who justifies obtaining assistance for creative unemployed or corporate repreneurs (CRE) targeted to the creative unemployed Articles L. 5141-1, L. 5141-2 and L. 5141-5 of the Labour Code.
This help cannot be served simultaneously with the incentive to resume employment by the cumulative return-to-employment assistance allowance with compensation referred to in sections 28 to 32.
The amount of assistance is equal to half of the amount of the remaining rights:
– either on the day of creation or corporate recovery;
either, if this date is later, on the date of obtaining the CABRE.
Aid gives rise to two equal payments:
― the first payment is made on the date on which the individual collects all the conditions for the allocation of the aid;
― the second payment takes place 6 months after the date of creation or resumption of business, provided that the individual continues to exercise the activity under which the assistance was granted.
The duration of the amount of assistance paid is charged to the balance of the remaining rights on the day of recovery or business creation.
This help can only be attributed once by opening rights. It is incompatible with the assistance provided for in section 33.
An application agreement sets out the terms and conditions for the application of this section.
PART II
OTHER PROVENTIONS
Chapter 1
Death allowance
Rule 35
In the event of death of an allocator in the course of compensation or in the course of a period of deferred compensation or waiting period, the spouse shall be paid an amount equal to 120 times the daily amount of the allowance to which the deceased was or would have benefited.
This sum is increased by 45 times the amount of the daily allowance for each dependent child within the meaning of social security legislation.
Chapter 2
Unpaid leave assistance
Rule 36
An employee who has benefited from the unemployment insurance allowance or the specific solidarity allowance during the period of reference for leave with pay or during the period immediately following him, and whose firm for leave with pay, may obtain leave without pay.
The amount of assistance is determined taking into account the number of days of closure of the company, the entitlements to leave with pay, if any, acquired under current employment and the partial unemployment benefits paid by the State.
Chapter 3
Help to the individual who arrives at the end of his rights
Rule 37
An allocatary whose rights come to an end under unemployment insurance, and who does not receive an allowance from the solidarity plan for a reason other than the condition of resources, may, at his request, receive a lump sum assistance.
The amount of assistance is 27 times the fixed portion of the allowance referred to in section 15, pull 2.
PART III
THE PRESCRIPTIONS
Rule 38
§ 1. The limitation period of the application for payment of the allowances is 2 years from the date of registration as an applicant for employment.
§ 2. The limitation period of the claim for payment of claims referred to in sections 33 to 37 is 2 years after the fact that the claim is generated.
Rule 39
The action in payment of the allowances or other receivables referred to in section 38, which must be obligatoryly preceded by the filing of the application referred to in that section, is prescribed by 2 years from the date of notification of the decision.
PART IV
REGIONAL PARITICAL INSTANCES
Rule 40
Regional joint bodies shall be competent to review the categories of cases set out in these Regulations and the agreements on appeal of the concerned.
PART V
CONTRIBUTIONS
Subtitle I
Affiliation
Rule 41
§ 1. Employers included in the scope set by theArticle L. 5422-13 of the Labour Code are required to join the unemployment insurance scheme.
This affiliation is made with the competent recovery agency referred to in theArticle L. 5427-1 of the Labour Code in accordance with the terms and conditions set out in article R. 5422-5 of the same code.
Affiliation takes effect and contributions are due to the date on which the employer is subject to the unemployment insurance plan, i.e. from the hiring of each employee.
The declaration transmitted through the formalities centers of the companies is of affiliate value.
§ 2. In addition, employers targeted to theArticle L. 5424-1 of the Labour Code, temporarily occupying employees in the professions of film production, audiovisual or show, where the activity is included in the scope of the adjustments made by the unemployment insurance scheme under the conditions of compensation,Article L. 5424-20 of the Labour Code, are required to report these activities to the unemployment insurance plan and to submit to contributions the remuneration paid in that capacity.
§ 3. By derogation from the provisions referred to in paragraph 1, employers registered by a union for the recovery of social security and family allowance contributions as employers of domestic workers are exempted from the formalities of affiliation with the unemployment insurance scheme.
Subtitle II
Resources
Rule 42
The unemployment insurance scheme is financed, on the one hand, by general contributions based on gross remuneration within the limit of one ceiling, on the other, by special contributions.
Chapter 1
General
Section 1
Plate
Rule 43
The contributions of employers and employees are based on the gross wages capped either, 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.
However, they are excluded from the contribution base:
the remuneration of employees aged 65 or older;
― compensation exceeding 4 times the ceiling of the old-age insurance plan for social security covered byArticle L. 241-3 of the Social Security Code.
Section 2
Rate
Rule 44
The rate of contributions is uniform. It is set at 6.40 per cent subject to Article 3, paragraph 1, of the Convention.
Section 3
Requirement
Rule 45
The terms and conditions for payment of contributions are those set out in Articles R. 5422-7 and R. 5422-8 of the Labour Code.
However, employers whose quarterly payment would usually be less than the amount fixed by decree in the Council of State are allowed to pay only once a year the contributions related to the previous calendar year.
Section 4
Statements
Rule 46
Employers are required to report compensation for the calculation of contributions to both employers and employees in accordance with theArticle R. 5422-6 of the Labour Code.
Section 5
Payment
Rule 47
The payment of contributions is made at the employer's diligence, which is responsible for the payment of 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, in accordance with provisions of Article L. 130-1 of the Social Security Code.
The employer who opted for simplified recovery, regulates the contributions, quarterly, in the form of an advance payment.
Section 6
Pleasant and contentious
Rule 48
Any action against an employer who is missing from the obligations under the provisions governing the unemployment insurance plan is obligatoryly preceded by a stay under the conditions set out in theArticle R. 5422-9 of the Labour Code.
Section 7
Remittances and deadlines
Rule 49
Requests for postponement and penalty increases and requests for payment deadlines are reviewed by the competent authority within the recovery agency referred to in theArticle L. 5427-1 of the Labour Code.
Chapter 2
Special contributions
Section 1
Specific contribution
Rule 50
A specific contribution is due to the unemployment insurance scheme by the employer who makes the termination for economic reasons of an employee without proposing the benefit of a personalized reclassification agreement in accordance with the Articles L. 1233-65 and L. 1235-16 of the Labour Code.
It is calculated on the basis of the average daily wage referred to in section 4, paragraph 4, which was used to calculate the allowances.
It corresponds to 60 times the reference daily salary used to calculate the allowances.
Section 2
Recovery
Rule 51
The payment of the contribution referred to in section 50 shall be payable within 15 days of the date on which the notice of payment is sent.
Chapter 3
Other resources
Rule 52
If the employer did not become a member within the time limits set out in section 41, paragraph 1, or if the employer did not pay the contributions to which it is liable on the due date, the reimbursement of benefits paid to its former employees between the termination date or the maturity date and the date on which the employer has fully settled in respect of the obligations arising from this title may be claimed.
This penalty is applicable without prejudice to delay increases and penalties under theArticle L. 5422-16 of the Labour Code, as well as prosecutions that may be initiated in the event of retention of the pay share of contributions.
Rule 53
The organization responsible for the payment of unemployment benefits, on behalf of the Unédic, to the dismissed employee is entitled to obtain from his former employer the reimbursement of these benefits, under the conditions and limits provided for in theArticle L. 1235-4 of the Labour Code, where the court of law, ruling under this article, found the dismissal without real and serious cause, or pronounced the nullity of the termination, without ordering the continuation of the contract of employment.
PART VI
FINANCIAL AND COMPTABLE ORGANIZATION
Rule 54
Unemployment insurance accounts are maintained by the Unédic as part of the accounting plan approved by the public authorities.
The annual accounting year extends from January 1 to December 31, and is subject to an intermediate account order as at June 30.
Done on 15 June 2011.
For the Minister and by delegation:
Le delegate général à l'emploi
and vocational training,
B. Martinot
