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 agreements relating to annexes I to XII to the general regulations annexed to the Convention of 6 May 2011 on compensation for unemployment.
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 CONVENTION
DU 6 MAI 2011 RELATIVE À L'INDEMNISATION DU CHÔMAGE
VRP, journalists, civil aviation personnel, maternal assistants and family assistants, lumberjacks, paid agents at the commission
The provisions of this annex are applicable 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 General Regulation.
This is how:
- travellers who hold the professional identity card referred to in articles L. 7311-3 to L. 7313-18 of the Labour Code; are considered to be private employment workers to whom rights are opened under the functions which were actually performed under the conditions set out in the above-mentioned articles and which resulted in 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 sections L. 421-1 and following of the Civil Aviation Code;
- maternal assistants and family assistants referred to in articles L. 423-1 and following of the Code of Social Action and Families, employed by private legal persons;
– lumberjacks;
― of the processors-verifiers-negotiators-heads 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 n° 26 of 22 March 2004, extended by order of 13 April 2005.
For its application to employees defined above, the general regulation annexed to the Convention of 6 May 2011 on compensation for unemployment 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 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 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. »
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 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 the remuneration received during the reference period, whether or not they are related to that period, is considered in the reference salary.
§ 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. »
Ҥ4. 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
Article 16 is deleted.
A N N E X E I
TO THE CONVENTION
DU 6 MAI 2011 RELATIVE À L'INDEMNISATION DU CHÔMAGE
Marine navigators, marine fishermen
The provisions of this annex shall apply to merchant navigators:
- shipping companies;
- marine construction companies;
- other companies having, in order to carry out such transport or work, a private fleet, under the conditions defined in Chapter I.
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 raw gauge certificate was issued before January 1, 1986",
under the conditions defined in Chapter 2.
For its application to employees defined above, the general regulation annexed to the Convention of 6 May 2011 on compensation for unemployment is amended as follows:
Chapter I
Merchant navigating personnel
Article 1
Paragraph 1 of Article 1 is amended to read:
"Aircraft personnel, whose maritime contract (1) ended, are entitled to the return to employment benefit, if they meet, among one or more shipowners entering the field of application of the unemployment insurance plan, conditions of activity referred to as affiliate periods, as well as conditions of age, physical fitness, unemployment, registration as jobseekers.
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 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. »
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 theArticle 10 of Decree No. 2008-244 of 7 March 2008 on the Labour code or perform a training action in the personalized job access project;
(b), (c), (d) Without change from the general rules;
(e) Not having voluntarily interrupted, except in cases provided for by application agreement, the last contract of maritime undertaking or an earlier contract of maritime undertaking, provided that, since 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 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. »
Rule 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 II
Fishing marins
Article 1
Paragraph 1 of Article 1 is amended to read:
"The fishermen, whose contract of maritime engagement (2) has ended, are entitled to the return-to-employment assistance allowance, if they justify, under administrative boarding days (3), 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 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. »
Article 4
Section 4 is amended to read:
"The marine fishermen justifying a period of affiliation as provided for in section 3 of this chapter of this annex shall also:
(a), (b), (c) and (d) Without change from the general rules;
(e) Not having voluntarily interrupted, unless provided by an application agreement, the last maritime contract or an earlier maritime contract of engagement, provided that, since 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 13
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 undertaking was terminated for the opening of the rights. »
Article 14
Paragraphs 1 to 4 of Article 14 are deleted.
Article 16
Article 16 is deleted.
Article 17
The first paragraph of section 17 is amended to read:
"The daily allowances determined under section 15 of this chapter are limited to 75% of the lump-sum 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 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, 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
DU 6 MAI 2011 RELATIVE À L'INDEMNISATION DU CHÔMAGE
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 employees defined above, the general regulation annexed to the Convention of 6 May 2011 on compensation for unemployment 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 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. »
Article 4
Section 4 (e) is amended to read:
“e) Have not left voluntarily, unless provided by application agreement, their last professional activity. »
Article 6
Article 6 is deleted.
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:
“§1. 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. »
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, within the 12 months taken into account in determining the said salary, the person concerned:
― participated in the unemployment insurance scheme 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
Article 16 is deleted.
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 1/312 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 47
The last paragraph of section 47 is deleted.
A N N E X E I V
TO THE CONVENTION
DU 6 MAI 2011 RELATIVE À L'INDEMNISATION DU CHÔMAGE
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 employees defined above, the general regulation annexed to the Convention of 6 May 2011 on compensation for unemployment 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 employer's initiative;
– a resignation considered legitimate, under the conditions established by an application agreement. »
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 aged 50 and over at 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 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. »
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 6
Article 6 is deleted.
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 unemployment insurance scheme 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
Article 16 is deleted.
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 fourth paragraph in article 27 as follows:
"Temporary work undertakings are required to provide the institution referred to in theArticle L. 5312-1 of the Labour Code the information contained on the monthly contract statements provided for inArticle L. 1251-46 and L. 1251-48 of the Labour Code, together with the additional information required to review the entitlements to interim allowances. »
Rule 28
Paragraph 1 is amended to read:
“§1. The private employee of employment under this Schedule who resumes or retains an occasional or reduced activity may continue to receive the return to employment benefit 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 CONVENTION
DU 6 MAI 2011 RELATIVE À L'INDEMNISATION DU CHÔMAGE
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 employees defined above, the general regulation annexed to the Convention of 6 May 2011 on compensation for unemployment is amended as follows:
Article 3
Section 3 is amended to read:
"Private employees must justify periods 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 two thirds 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 employment contract resulting in the exercise of a professional activity excluded from the scope of application of the unemployment insurance scheme, 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 14
Paragraph 4 of Article 14 is amended to read:
Ҥ4. The average daily reference wage is equal to the quotient of the reference wage 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 unemployment insurance scheme 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 paragraph, 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
Article 16 is deleted.
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 CONVENTION
DU 6 MAI 2011 RELATIVE À L'INDEMNISATION DU CHÔMAGE
Employees under an employer
the company does not have an 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 above employers and representatives, the general regulation annexed to the May 6, 2011 Agreement on Unemployment Compensation and its annexes are amended as follows:
Rule 41
Section 41 is amended to read:
"The employer is required to join the unemployment insurance plan with the relevant 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. »
Paragraphs 2 and 3 are deleted.
Articles 50 to 53
Articles 50 to 53 are deleted.
A N N E X E V I
TO THE CONVENTION
DU 6 MAI 2011 RELATIVE À L'INDEMNISATION DU CHÔMAGE
Disabled wages of suitable enterprises
and homework distribution centres
The provisions of this annex apply to workers with disabilities who are employed in a suitable business or a homework distribution centre in accordance with the 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 employees defined above, the general regulation annexed to the Convention of 6 May 2011 on compensation for unemployment 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 suitable company or a homework distribution centre, the regional parity proceeding referred to in section 40 of the General Regulation may make an admission decision for the benefit of the allowances for workers with disabilities in total unemployment, without the termination of their employment contract. »
A N N E X E V I I
TO THE CONVENTION
DU 6 MAI 2011 RELATIVE À L'INDEMNISATION DU CHÔMAGE
Workers and technicians of sound recording, film and audiovisual production, radio, broadcast and show
Having regard to the agreement of 18 January 2006 on aid for the return to employment and compensation for unemployment and the annexed general regulation;
In view of Book IV of Part 5 of the Labour Code, and in particular 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 (1).
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 rationale of 507 hours (2), 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 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.
§ 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 (c), (e) and (g), is amended to read:
"(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 combined), 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 in the 2° of Article L. 5421-4 of the Labour Code. »
“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, with the exception of 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, paragraphs 1, 2 (b) and 3, is amended to read:
Ҥ 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 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 (3) is carried out 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 shall retain the copy of the certificate issued by his employer pursuant to sections R. 1234-9 to R. 1234-12 of the Labour Code, in order to be able to communicate, 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. »
"Paragraph 2(b) did not voluntarily waive the last employee work activity, if any, 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. Paragraph 3 is deleted.
Article 11
Article 11 is deleted.
Article 12
Section 12 is replaced by the following text:
Ҥ1. The compensation period is 243 days.
Paragraph 2. With the exception of paragraph 1 above, allocatories aged 60 and 6 months continue to receive the daily 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 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:
Ҥ1. 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 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:
You can consult the table in the
JOn° 138 of 16/06/2011 text number 33
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 €19.53 (*) (value as of July 1, 2010). »
Rule 26
Paragraph 2 of Article 26 is amended to read:
Ҥ2. The amount of the allowance served 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. »
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 daily allowance referred to in section 23 (9).
The proceeds of this participation are allocated to the financing of the complementary pensions of allocataries of the unemployment insurance plan.
Rule 28
Section 28 is amended to read:
"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. »
Rule 29
Section 29 is amended to read:
Ҥ1. 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
You can consult the table in the
JOn° 138 of 16/06/2011 text number 33
Compensation difference = Salary of reference period X Average daily wage SMIC monthly 3 x SMIC daily.
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 slip, etc.) 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 worked 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
Section 56, paragraph 1, first paragraph, and paragraph 3, is amended to read:
Ҥ1. Employers included in the scope set out in section 1, paragraph 4, are required to join the national recovery centre, managed by the institution referred to in theArticle L. 5312-1 of the Labour Codewithin 8 days of the date on which the unemployment insurance scheme is applicable to them.
§ 3. Prior to the commencement of any new activity under Schedule VIII or X (new production, new show, ...), the employer must request, for the employer, the award 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 of 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:
"The contributions are due 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 end of the employment contract and 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:
"The contributions are paid by each institution to the national recovery centre managed by the institution referred to in theArticle L. 5312-1 of the Labour Code. »
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.
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.
List for the scope of Appendix VIII
Appendix VIII to the General Regulation of Unemployment Insurance applies to workers and technicians engaged by employers underArticle L. 5422-13 or L. 5424-3 of the Labour Code in the activity areas defined below and identified by the NAF codes below.
1. Audiovisual production
Employees:
The employer's activity must be identified by the following NAF codes:
59.11 A. ― Production of films and programs for television ― except animation;
59.11 B. ― Production of institutional and advertising films ― except animation.
Salaries:
The employee's activity must be one of the following functions (the functions below may be discarded to the female):
1 1 decorator assistant
2 1st Specialized Decorator Assistant
3 1 OPV Assistant
4 1st specialized OPV Assistant
5 1st Assistant Director
6 1st Assistant Specialized Director
7 1 assistant
8 2nd assistant decorator
9 2nd Specialized Decorator Assistant
10 2nd OPV Assistant
11 2nd Specialized OPV Assistant
12 2nd Assistant Director
13 2nd Assistant Specialized Director
14 Accessorist
15 Specialized Accessorist
16 Production Officer
17 Specialized Production Officer
18 Plateau aid
19 Emission Moderator
20 Animatronicien
21 Assistant decorator
22 Emission Assistant
23 Post-production Assistant
24 Production Assistant
25 Assistant Production Assistant
26 Specialized Production Assistant
27 Light Assistant
28 Specialized Light Assistant
29 Assistant monteur
30 Assistant to Assistant
31 Special Assistant
32 Assistant OPV Assistant
33 Assistant director
34 Assistant Director
35 Assistant Director
36 Assistant son
37 Assistant to his Deputy
38 Assistant script
39 Blocker/rigger
40
41 Framework
42 Specialized framework/POV
43 Investigator/Search
44 Chargé de postproduction
45 Production Officer
46 Selection Officer
47 Driver
48 Room Driver
49
50 Chief costumer
51 Specialized Chef
52 Team Leader
53 Chef de plateau/régisseur de plateau
54 Decorative Chef
55 Specialized decorator
56 Lightning Chief
57 Chief Electrician
58 Chief machinist
59 Chef maquilleur
60 Specialized Team Leader
61 Chief
62 Chef monteur spécialisées
63 Chef OPS
64 Specialized PAHO/Specialized Sound Engineer
65 Chief OPV
66 Hairdresser
67 Hairdresser
68 Specialized wig
69 Specialized hairdresser
70 Artistic collaborator
71 Selection Collaborator
72 Production account
73 Specialized production account
74 Group conductor
75 Conformator
76 Artistic issuing advisor
77 Technical Adviser
78 Manufacturer
79 Writing Coordinator (ex-script editor)
80 Emission Coordinator
81 Costumier
82 Costumier spécialisées
83 Dress Creator
84 Creator of specialized costume
85 Decorator
86 Painter decorator
87 Decorator specialized painter
88 Specialized decorator
89 Tape decorator
90 Specialized tape designer
91 Drawer in decor
92 Designator in specialized decor
93 Artistic Director
94 Collection Director
95 Gambling Director
96 Distribution Director
97 Director of specialized distribution
98 Post-production Director
99 Production Director
100 Specialized Production Director
101 Programming Director
102 Selection Director
103 Director of dialogues
104 Photo Director
105 Specialized Photo Director
106 Documentalist
107 Light lining
108 Trainer
109 Eclairagiste
110 Electrician
111 Electrician deco
112 Investigator
113 Co-decorator
114 Specialized escort
115 Etalonneur
116 Dressing
117 Specialized dresser
118 Sound illuminator
119 Engineer of vision
120 Deputy Vision Engineer
121 Sound engineer
122 Specialized intervener
123 Machinist
124 Machinist decorator
125 Mason
126 Makeup and special hairstyle
127
128 Specialized equipment
129 Mechanic
130 Strainer
131
132 Mixer
133 Mixer (Directors)
134.
135 Track Operator
136 Operator Real Time Effects
137 VCR operator
138 Magnet operator slowed
139 Player playback
140 Video-controlled operator
141 Special Operator (Steadicamer)
142 Special Operator (Steadicamer)
143 Synthesizer Operator
144 OPS
145 OPV
146 Painter
147 Painter in false wood
148 Perchist
149 Perchiste spécialisé/1er assistant son spécialisé
150 Photographer of tray
151 Specialized tray photographer
152.
153 Specialized pointer
154 Question preparation
155 Artistic Producer
156 Executive Producer
157 Artistic programmer
158 Prothesist
159 Light pedestal
160 Director
161 Researcher
162 Regulation/References
163 Deputy
164 Assistant Specialty Officer
165 Exterior regulator
166 Specialized external regulator
167 General manager
168 Specialized General Manager
169 Specialized/rep. specialized examinations
170 Parking regulator
171 Repeat
172 Investigation Officer
173 Leader of issues
174 Research Officer
175 Head of Children
176 Reporting Officer
177 Ripper
178 Script
179 Script
180 Production Secretary
181 Specialized Production Secretary
182 Serrurier
183 Staff member
184 Storyboarder
185 Styliste
186 Supervisor Special Effects
187 Tapissier
188 Technician instrument/backliner
189 truquist technician
190 Video technician
191 Toupil
192.
193 Videographist
2. Film production
Employees:
The employer's activity must be listed by the following NAF Code:
59.11 C. ― Production of films for cinema ― except studios and animation.
Salaries:
The employee's activity must be one of the following functions (the functions below may be discarded to the female):
1 1 decorator assistant
2 1 OPV Assistant
3 1st Assistant Director
4 1 assistant
5 2nd Decorator Assistant
6 2nd OPV Assistant
7 2nd Assistant Director
8 Accessorist
9 Deputy Accountant Officer
10 Production Officer
11 Shelf aid
12 Programming Mode
13 Animatronicien
14 Post-production Assistant
15 Production Assistant
16 Assistant Production Assistant
17 Sound Assistant
18 Assistant to Assistant
19 Assistant monteur/monteur adjoint
20 Assistant OPV Assistant
21 Assistant director
22 Assistant Director
23 Assistant
24 Assistant to his Deputy
25 Assistant script
26
27 Framework/cameraman/OPV
28 Production Driver
29 Head manufacturer
30 Chief costumer
31 Chef de plateau/régisseur de plateau
32 Decorative Chef
33 Lightning/Electrician Chief
34 Chef machiniste
35 Team Leader
36 Chef menuisier
37 Chief
38 Chief sound operator/sound engineer
39 Chef painter
40 Chef sculpteur decorateur
41 Chef staffeur
42 Hairdresser
43 Hairdresser
44 Artistic collaborator
45 Production account
46 Group conductor
47 Conformator
48 Artistic advisor/programme advisor
49 Technical Adviser/Technical Adviser on Implementation
50 Manufacturer
51 Writing computer (script editor)
52 Costumier
53 Designer of costumes/stylistic
54 Decorator
55 Executing decorator
56 Painter/desinator decorator
57 Tape decorator
58 Art Director
59 Collection Director
60 Director of Dialogues (coach)
61 Director of Distribution
62 Photo Director/Chief OPV
63 Post-production/post-production officer
64 Production/Production Manager
65 Documentalist/researcher
66 Trainer
67 Eclairagiste/electricien
68 Together/decorator
69 Etalonneur
70 Clothing
71 Sound illuminator
72 Vision Engineer
73 Deputy Vision Engineer
74 Machinist
75 Mason
76 Maquettiste
77 Maquettiste staffeur
78 Makeup and special hairstyle
79 Maquilleur
80 Maquilleur
81
82 Menu
83 Tracker
84
85
86.
87 Real-time Effect Operator
88 Track Operator
89 Sound Operator
90 VCR operator
91 VCR operator slows
92 Player playback
93 Video-controlled operator
94 Special Operator (Steadicamer...)
95 Synthesizer operator
96 Painter/can be decorator
97 Wood letter/fal paint
98 Perchist
99 Photographer
100.
101 Sound operator/sound operator
102 Artistic Producer
103 Executive Producer
104 Prothesist
105 Director
106
107 Assistant
108 Exterior regulator
109 General
110 Rehearsal
111 Head of Children
112 Head of Surveys
113 Ripper
114 Script
115 Sculptor decorator
116 Production Secretary
117 Serrurier
118 Illustrative/Electrician subhead
119 Sub-leader
120 Sub-leader
121 Sous-chef painter
122 Assistant Chief Staff
123 Staff
124 Storyboarder
125 Special Effects Supervisor
126 Tapissier/decorator
127 truquist technician
128 Video Technician
129 Toupil
130
131 Videographist
3. Phoneographical edition
Employees:
The employer's activity must be listed by the following NAF Code:
59.20 Z. ― Recording sound and musical edition ― except music edition, recording studios and radio studios.
Salaries:
The employee's activity must be one of the following functions (the functions below may be discarded to the female):
Son
1 Sound engineer
2 Mixer
3 Music programmer
4
5
6 Instrument Technician backliner
7 Assembler
8 Perchman-perchiste
9 1 assistant
10 Sound operator/driver
11 Sound Illustrator
12 Sound/technician regulator
13 Assistant son
14 2nd assistant
Image graphics
1 Photo Director/Chief OPV
2 Framework/cameraman/OPV
3 Assistant cadreur/cameraman/OPV
4 Animator (animation video)
5 Room Driver
6 Illustrator
7 Photographer
8 Presenter
9 Engineer of vision
10 Video Technician
11 1st Assistant: manager/cameraman/OPV
12 2nd Assistant: manager/cameraman/OPV
13 Editor
14 VCR operator
15 VCR operator slows
16 Project operator
17 Quick operator
18 Video-controlled operator
19 Synthesizer operator
Achievement
1 Director
2 Artistic Director
3 Technical Adviser on Implementation
4 Script
5 1st Assistant Director
6 Assistant director
7 2nd Assistant Director
Regulation
1 General
2 Regulation/Deputy
3 Conductor
4 Shelf/Head Regulator
5 Shelf aid/set assistant
Production-postproduction
1 Production Director
2 Post-production/post-production officer
3 trouquist/truquist
4 Artistic Director of Production
5 Repeat
6 Production Officer
7 Director of Art Distribution
8 Production Officer
9 Artistic Production Advisor
10 Writing computer (script editor)
11 Documentaliste/iconographe
12 Mounter/Headboard
13 Assistant monteur/monteur adjoint
14 Assistant to the Director of Art Distribution
15 Assistant to the Director of Art Production
16 Production Assistant
17 Post-production Assistant
18 Production Secretary
19 Translator/interpreter
Make-up
1 Wig perruquier/wig hairdresser
2 Stylistic
3 Maquilleur/maquilleur posticheur/chef maquilleur/chef maquilleur posticheur
4 Costumier/chef costumier
5 Hair/ hairdresser
6 Dress
7 Stylist Assistant
8 Hairdresser Assistant
9 Staff Assistant
Light
1 Eclairagiste
2 Electrician / electrician head
3 Light Technician
Decoration-machinist
1 Decorator pad
2 Decorator/decorator/decorator architect/decorator assistant
3 Manufacturer/Head manufacturer
4 Group/group conductor
5 Together/Assistant
6 Machinist/Machinist
7 Maquettiste staffeur
8 Staffeur/chef staffeur
9 Menuisier/chef menuisier
10 Painter Chef
11 Painter decorator/chef painter decorator
12 Sculptor decorator/head sculptor decorator
13 Tapissier
14 Holder rigger
15 Technician plateau
16 Accessorist
4. Technical benefits for creation
and the event
Employees:
The employer's activity must be identified by the following NAF codes:
59.11 C. ― Production of films for cinema (only cinema studios);
59.12 Z. ― Post-production of film, video and television programs ― except animation studios;
59.20 Z. ― Sound recording and musical editing (only sound recording studios);
90.02 Z. ― Live performance support activities and detention of the label service provider of the live show.
Salaries:
List A: audiovisual ― cinema
In the area of activity listed in the NAF codes 59.11 C, 59.12 Z and 59.20 Z, the employee's activity must be one of the following functions (the functions below may be declined to female):
Image
1 Reporting Technician
2 AV Point
3 AV framework
4 View catch operator
5 Head of AV shooting operator
Son
1 Sound Assistant
2 Sound Operator
3 Higher sound operator
4 Head operator of sound
5 Sound engineer
6 Technician transfers
7 Display operator
8 Optical reporting operator
9 Technician
10 Optical reporting technician
11 Creators of sound effects
12 Technician Renovates
Plateaux
1 AV Plateau Assistant
2 Riggers
3 AV machines
4 Chef machiniste AV
5 Electrician shooting
6 Pulpitable electrician
7 Prosecution
8 Chief Prosecutor AV
9 Blocker
10 Groupiste flux AV
11 Electrician chief shot
12 Head of Light Workshop
13 Chef de plateau AV
14 Hairdresser
15 Maquilleur
16 Chef maquilleur
17 Dress
18 Costumier
19 Chief costumer
Achievement
1 Director casting
2 2nd AV implementation assistant
3 1 V Implementing Assistant
4 Script AV
5 AV Director
Operation, management and maintenance
1 Maintenance Technician N1
2 Maintenance Technician N2
3 Maintenance engineer
4 Synthesizer operator
5 AV Infographist
6 Chef graphiste AV
7 AV Truquiste
8 VCR operator
9 idling operator
10 Video server operator
11 AV Operating Assistant
12 AV Operating Technician
13 Higher Operating Technician AV
14 Engineer of vision
15 Head of AV equipment
16 Driver of mobile means
17 Antenna Coordinator
18 Head of antenna
Production management
1 Production Assistant AV
2 Production Operations Assistant
3 Production Officer AV
4 Production Director AV
5 Production Coordinator
6 Production Officer
7 Regulation
Decoration and accessories
1 Settings
2 Help decors
3 Machinist decors
4 Sculptor decors
5 Metal locker
6 Tapissier decors
7 Painter
8 Painter decors
9 Chef painter
10 Menuisier decors
11 Head builder decors
12 2nd assistant decors
13 1st assistant decors
14 Chef decorateur
15 Chef d'atelier décors
16 Accessorist
17 Together
Post-production, dubbing and captioning
1 Technician authoring
2 CSA Operator/Airbands
3 AV duplication agent
4 AV duplication operator
5 Scanner Operator
6 Digital Catering Operator
7 Digital Food Technician
8 Projectionist AV
9 Dialogue Officer
10
11 Detector
12 Calligraph
13 Translator Adapter
14 Translator
15 Adapter
16 Band typing ― input operator
17 Tracking/simulation operator
18 Audio descriptor
19 Artistic Director
20 Subtitles
21 Synchro mounter
22 Burner operator
23 Artistic Director
24 Art Assistant
25 Language Coordinator
26 Language Coordinator Assistant
27 Assistant monteur AV
28 Flow mount
29 Chef monteur flux
30 Drift mountain AV
31 Telecinema operator
32 Etalonneur
33 Chief Operator-Stoneer
34
35 Supplement No.
36 Post-production Assistant
37 Post-production officer
Animation and digital visual effects
1 Head of multimedia project
2 Media Technical Officer
All the functions of this industry are listed in the Animation Film Production Sector (see paragraph 9 below).
List B: live show
In the area of activity listed in the NAF 90.02 Z code, the employee's activity must be one of the following functions (the following functions may be discarded to female):
General regulation
1 General
2 Technical Director
3 Logistics Director
4 Logistician
5 Technical Assistant
6 Assistant logisticien
7 Stage/plate technician
8 Assistant stage technician/plateau
Plateau
1 Stage/stage/shower regulator
2 Project manager
3 Head backliner
4 Technician music/backliner instrument
5 Scene/plate help
6 Road
Son
1 Designer son
2
3 Sound engineer
4 Technician system
5 Technician son
6
7 Assistant sonorizer
8 Flying SV
9 Operator SV
10 Help her
Light
1 Light/lightning designer
2 Light regulator
3 Light Technician
4 Light Curtain SV
5 Light Assistant
6 Prosecution
7 Light aid
Structure-machinery
1 Structure engineer
2 Engineering Structure Assistant
3 Structure
4 Chef rigger
5 Machinist director
6 Head structure
7 Chef maintenance on tour/festival
8 Structure/constructor technician
9 Rigger/Clipper
10 Machinist
11 Tour/festival maintenance technician
12 Assistant machinist stage/s assistant rigger
13 Structure technician
14 Echafaudagiste/scaffoldeur
15 Structural mount
Video image
1 SV Director
2 Production Officer SV
3 Audiovisual graphic designer
4 Multimedia programmer/encoder
5 Technician full day screen
6 Pillar images
7 Video project technician
8 SV Vision Technician
9 Script of SV
10 Full day screen Assistant
11 Technician Monumental Images
12 Camera Operator
13 SV video assistant
14 magneto operator SV
Pyrotechnie
1 Manufacturer of pyrotechnie
2 Fire chief
3 Pyrotechnician K4
4 Artificier
Electricity
1 Chief Electrician
2 Electrician
3 Blocker
4 Mechanic groupman
5 Electrical Assistant
Accessories
1 Decorator
2 Machinery/Decoration Technical Manufacturer
3 Assistant decorator
4 Chef de décor/machinery
5 Chef carpenters de décor
6 Chef painter decorateur
7 Chef serrurier/serrurier metallier theatre
8 Chef sculpteur de théâtre
9 Chef tapesier de théâtre
10 Chef theatre staffeur (mouleur/matériaux de synthesis)
11 Machinery/decor manufacturer
12 Decoration carpenter
13 Decorative paint
14 Painter skater
15 Serrurier/serrurier metallier theatre
16 Theatre Sculptor
17 Theatre tapesher
18 Theatre staff
19 Machinery/Decoration Assistant
20 Assistant carpenter decors
21 Assistant painter decorateur
22 Serrurier/Tarry Metal Assistant
23 Theatre tapester assistant
24 Assistant theatre staffer
25 Help decors
Clothes-size-fits-size-fits-size-fits-size-fits-size-fits-size-fits-size-fits-size-fits-size-fits-size-fits-size-fits-s-size-fits-size-fits-s-s-s-s-s
1 Designer costume/costumier
2 Costume Director
3 Chef tailor couturier
4 Chef tint
5 Color chief
6 Chief chaplain
7 Chef director masks
8 Chef maquilleur
9 Accessory chief
10 Moderator
11 Couturier/Copper
12 Hair/poster
13 Maquilleur/Maquilleur Special Effects
14 Accessorist
15 Model
16 Assistant costume director
17 Coturier Assistant/Copper Wizard
18 Dye Assistant
19 Colour Assistant
20 Assistant chaplain
21 Hairdresser
22 Staff Assistant
23 Assistant accessory
24 Assistant modiste
25
5. Broadcasting
Employees:
The employer's activity must be identified by the following NAF codes:
59.20 Z. ― Sound recording (only radio studios);
60.10 Z. ― Broadcasting ― except data bank activities.
Salaries:
The employee's activity must be one of the following functions (the functions below may be discarded to the female):
1 Assistant to producer
2 Moderator
3 Director technician
4 Assistant technician director
5 Program Specialist Collaborator
6 Programme Adviser
7 Specialized
8 Text reader
9 Musician Copiste radio
10 Presenter
11 Associate Coordinator Producer
12 Associate Producer of Radio Programming
13 Radio director
14 Operating Technician
15 Technician director
16 Translator
6 and 7. Private live show and subsidized live show
Employees:
The employer's activity must be listed in one of the following three categories:
1st category:
Employers licensed to perform and whose main activity is listed in the NAF Code: 90.01 Z. – Arts of the live show.
2nd category:
Employers who hold the performance contractor's licence that do not have the NAF code in the 1st category referred to above and are affiliated with the Performing Leave Fund.
3rd category:
Employers having organized occasional shows as defined by Article 10 of the Order of October 13, 1945 and Act No. 99-198 of 18 March 1999 relating to performances that were the subject of a pre-prefecture declaration.
Salaries:
The employee's activity must be one of the following functions (the function of assistant chief or deputy head may be applied to all of the basic jobs listed below, which may also be declined to female):
1 Accessorist
2 Production Officer
3 Tour Administrator
4 Architect decorator
5 Armurier
6 Artificier/technicien de pyrotechnie
7 Production/production centre
8 Bottier
9 Chapelier/Modiste de spectacles
10 Cintrier
11 Hair/poster
12 Artistic collaborator of the director/ choreographer/music director
13 Lighting/lightning designer
14 Sound engineer/sound manufacturer
15 Technical Adviser
16 Costumier
17 Decorator
18 Production Director
19 Technical Director
20 Dramaturge
21 Electrician
22 Ensemble de spectacle
23 Clothing
24 Lingère/repasseuse/retoucheuse
25 Machinist/constructor of decors and structures
26 Maquilleur
27 Carpenter of decors
28 Track Meter (Circ)
29 Show her
30 Light/Power/Technical Operator CAD-PAO
31 Sound/preneur operator
32 Painting decors
33 Decorative paint
34 Perruquier
35 Plumassier de spectacles
36 Prosecution
37 Prompt
38 Hairdresser, wigs
39 Director costumes
40 Light scanner
41 Makeup director, mask
42 Director
43 Regulation/production regulation
44 Conductor
45 Room and site regulator (as part of a festival exclusively)
46 Scene regulator/scenic equipment regulation
47 General manager
48 Light regulator
49 Control board (return)
50
51 Repeat/Blower
52 Rigger
53 Scenographer
54 Theatre Sculptor
55 Serrurier/serrurier metallier theatre
56 Staff
57 Size/couturier
58 Theatre tapesher
59 Technician console
60 Maintenance Technician (as part of a tour and a festival exclusively)
61 Plateau technician
62 Technician Special Effects
63 Technician musical instruments (backline)
64 Light Technician
65 Sound Technician HF
66 Security Technician
67 Generator Technician (groupman)
68 Teinturier colorist of shows
Audiovisual in mixed shows
and/or non-commercial
69 Framework
70 Chief Operator
71.
72 Image/Power Operator
73 Video operator
74 Projectionist
75 Audiovisual regulator
76 Video Technician
8. Television
Employees:
The employer's activity must be identified by the following NAF codes:
60.20 A. ― Generalist Chain Edition ― except data bank activities;
60.20 B. ― Edition of thematic channels ― except data bank activities.
Salaries:
The employee's activity must be one of the following functions (the functions below may be discarded to the female):
Design - programme
1 Assistant to the artistic producer
2 Literary Collaborator
3 Programme Adviser
4 Writing Coordinator
5 Director of artistic distribution/resp. casting
6 Documentalist
7 Text reader
8 Artistic Producer
9 Musical programmer
Direct antenna
10 Moderator
11 Presenter
12 Advertiser
13 Speed operator
Production - Regie
Production
14 Production Assistant
15 Program Specialist Collaborator
16 Production Driver
17 Head of production
18 Production Officer
19 Production manager
20 Production Director
21 Specialized intervener
22 Issuer
23 Telephonist
24 Reporting Technician
Regulation
25 Exterior regulator/regulation
26 Deputy
27 General
Achievement
28 Director
29 1st Assistant Director
30 Assistant director
31 2nd Assistant Director
32 Scripte
Fabrication plateau (studio or exterior)
33 Plateau aid
34 Chef de plateau
35 Lightning/Electrician Chief
36 Group conductor
37 Eclairagiste/electricien
38 Light Assistant
Painting
39 Painter
40 Decorative paint
41 Decorator painter
Tapisserie
42 Tapissier
43 Tapissier decorator
44 Carpet decorator
Construction decors
45 Accessorist
46 Chief machinist
47 Constructor in decors
48 Machinist
49 Tracker
50 Carpenter
Image (including video)
51 Assistant OPV
52 OPV
53 Chief OPV/chef cameraman
54 Photo Director
55 Vision engineer
56 Operator slows
57 Photographer
58 Video Technician
59.
Son
60 Heading Assistant
61
62 Chief sound operator/sound engineer
63 Sound Illustrator
64 Mixer
65 Preneur of sound/operator
Makeup - Hairdressing - Costume
Make-up
66 Chef maquilleur/chef maquilleur posticheur
67 Maquilleur/maquilleur posticheur
Hair
68 Chef perruquier
69 Wig/drutter
Costume
70 Chief costumer
71 Costumier
72 Designer of costume/stylistic
73 Clothing
Decoration
74 Decorative Assistant
75 Decorator
76 Combined decorator/decorator
77 Drawer in decor
Montage - Postproduction - Graphisme
Mounting
78 Chef monteur
79.
80 Chef monteur truquiste
81 Synthesizer operator
Graphic design
82 Graphic designer/infographist/videographer
83 Designator for animation/dessinator in generic
Other functions
84 Interpreter translator
85 Artistic drawing
86 Chronicle
87 Leader
88 Light lining
9. Production of animated films
Employees:
The employer's activity must be identified by the following NAF codes:
59.11 A. ― Production of films and television programmes (only animation);
59.11 B. ― Production of institutional and advertising films (only animation);
59.11 C. ― Production of films for cinema (only animation);
59.12 Z. ― Post-production of film, video and television programs (only animation studios).
Salaries:
The employee's activity must be one of the following functions (the functions below have in italics a feminized version):
Scope
1 Director/director
2 Artistic Director/Artistic Director
3 Writing Director/ Writing Director
4 Chef storyboarder/chef storyboarder
5 Storyboarder/Storyboarder
6 1st assistant director/1re assistant director
7 Scripte/scripte
8 2nd assistant director/2e assistant director
9 Writing Coordinator/ Writing Coordinator
10 Assistant Artistic Director/Assistant Artistic Director
11 Assistant storyboarder/assistant storyboarder
Design line
12 Modelling Director/Model Director
13 Head of animation/designer animation
14 Modelling / Modelling Supervisor
15 Chef models color/chef models color
16 Designator for animation/animation
17 Modelling Infographer/infographist
18 Colorist model/colorist model
19 Animation Drawing Assistant/ Animation Drawing Assistant
20 Modeling infographist assistant/model graphic designer assistant
21 Digitalization/Digitalization Operator
Lay-out wire
22 Lay-out Director/Lay-out Director
23 Head exhibition sheet/head exhibition sheet
24 Animation manager/guided manager
25 Chef lay-out/chef lay-out
26 Animation and animation manager
27 Animator exhibition sheet/animator exhibition sheet
28 Lay-out/Lay-out Designator
29 Infographist lay-out/infographist lay-out
30 Animation detector/animation detector
31 Lay-out Drawing Assistant/Lay-out Drawing Assistant
32 Assistant infographiste lay-out/assistant infographiste lay-out
Animation wire
33 Director animation/director animation
34 Chief Moderator/Head Host
35 Head infographist 2D/chef infographist 2D
36 Assistant Chief/ Assistant
37 Moderator/animator
38 Mocap/Mocap figure
39 Infographist 2D/infographist 2D
40 Animator/Assistant Assistant
41 Movement/Operator Motion Capture Operator
42 Operator Retouching Real Time/Operator Retouching Real Time
43 Intervallist/intervalliste
44 2D infographist assistant / 2D infographist assistant
Decorative, rendering and lighting
45 Director decor/Director decor
46 Director rendered and lighting/director rendered and lighting
47 Director decorator/head decorator
48 Supervisor rendered and lighting/supervisor rendered and lighting
49 Decorator/decorator
50 Infographist rendering and lighting/infographist rendering and lighting
51 Matt painter/matt painter
52 Decorative/Decorative Assistant
53 Assistant infographist rendering and lighting/infographist wizard rendering and lighting
Tracing wire, scan and coloring
54 Chief Animation Auditor/Head Animation Auditor
55 Head trace-colorisation/chef trace-colorisation
56 Animation Auditor/ Animation Auditor
57 Trace-coloration checker/ trace-coloration checker
58 Scan/Responsible Scan
59 Traceur/traceuse
60 Dropper/shudder
61 Scan-operator
Composting wire
62 Composting Director/Flecting Director
63 Chef compositing/chef compositing
64 Composting operator/composer
65 Composting operator assistant/composer compositing assistant
Volume wire
66 Head host volume/head host volume
67 Head decorator volume/head decorator volume
68 Head operator volume/head operator volume
69 Plastic master volume / plastic master volume
70 Head accessorist volume/chef accessorist volume
71 Head moulding/head moulding
72 Volume/Animator
73 Volume/Decorator
74 volume/operator operator
75 Plastician volume/plastician volume
76 Accessorist volume/accessorist volume
77 Technician special effects volume/technician special effects volume
78 Volume/mouleuse volume
79 volume/ volume animator assistant
80 Decorator volume/decorative assistant volume
81 volume/operator assistant
82 volume/plastic assistant volume
83 Accessory assistant volume/accessory assistant volume
84 Wiring/Molage Wizard
85 Mechanics Volume/Mechanics Volume
Digital visual effects
86 Director of Digital Visual Effects/Director of Digital Visual Effects
87 Digital/Digital Visual Effect Supervisor
88 Digital visual effects graphic designer/infographist of digital visual effects
89 Digital visual effects graphics assistant/digital visual effects wizard
Post-production wire
90 Technical Director of Postproduction/Technical Director of Postproduction
91 Chef monteur/chef monteuse
92 Digital stallion/digital calibration head
93 Post-production/post-production technical officer
94 Noise/noise
95 Mountain/mounted
96 Digital/digital stallion
97 Monitor/Assistant Assistant
98 Digital calibration assistant/digital calibration assistant
Operating wire, maintenance
and data transfer
99 Operating Officer/Operating Officer
100 System Administrator and Network/Network Administrator
101 Supervisor data transfer/supervisor data transfer
102 Calculator/ Calculator Supervisor
103 System and network technician/technician system and network
104 scriptor/infographist script
105 Maintenance Technician/Service Technician
106 Data transfer operator/data transfer operator
107 Computing Manager/Manager
108 Data transfer operator/operator assistant data transfer
Production line
109 Production Director/Production Manager
110 Technical Director of Production/Technical Director of Production
111 Supervisor/supervisor
112 Production Officer/Production Administrator
113 Production/loaded
114 Production Account/Production Account
115 Production coordinator/production coordinator
116 Production Assistant/Production Assistant
A N N E X E I X
TO THE CONVENTION
DU 6 MAI 2011 RELATIVE À L'INDEMNISATION DU CHÔMAGE
Salariés occupied hors de France (2)
international organizations, embassies and consulates
Chapter I
Mandatory affiliation
1.1. Salaries in detachment situations
1.1.1. Salaries concerned
It is considered to be in a position of detachment, and as such obligatoryly subject to the unemployment insurance scheme established by the Convention of 6 May 2011 on the compensation of unemployment, employees who are admitted to retain, 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 1.1.1, the general regulation annexed to the Convention of 6 May 2011 on the Compensation of Unemployment 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 of the General Regulations 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 Articles L. 242-1 and following 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 Convention of 6 May 2011 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) (2) or of the Swiss Confederation with which they are bound by a contract
For its application to employers and employees referred to in this section 1.2.1, the general regulation annexed to the Convention on the Compensation of Unemployment of May 6, 2011 is amended as follows:
1.2.2. Benefits.
Article 4
Section 4 is amended to read:
"Private employees, justifying one of the affiliate periods 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, 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 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 four calendar quarters preceding the quarter in which the last day of work paid to the person concerned has taken place, provided that they have not already served 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. »
Ҥ4. 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 four 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 paid leave allowance is 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. »
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
Paragraph 1 of section 27 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 41
Paragraph 1 of section 41 is amended to read:
"Employers included in the scope set by theArticle L. 5422-13 of the Labour Code shall be held in a row by their employees referred to in 1.2.1 of this Schedule to the Unemployment Insurance Plan.
This affiliation is made with the recovery agency referred to in theArticle L. 5427-1 of the Labour Code.
Within 8 days of the date on which the Unemployment Insurance Plan became applicable to them, they are required to address a slip in accordance with the model established by the Unédic, including the indication:
- the name of the employer;
― the address where the business is carried out or the address of the company's headquarters;
―the number of employees occupied as of December 31 preceding the date of effect of the affiliation and, in the event of an affiliation following the hiring of the first employee, the number of employees occupied on the date of the affiliation slip;
– the amount of remuneration paid either in the calendar year prior to the date of effect of the affiliation, or since the first employment.
When the employer has branches, agencies or, in general, one or more secondary establishments, it draws a separate slip for each of them.
The affiliation slip must be signed by the employer or by a person mandated 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.
Affiliation takes effect and contributions are due to the date on which the employer is subject to the unemployment insurance plan, i.e. the date on which each employee is hired.
The declaration transmitted through the formalities centers of the companies is of affiliate value. »
Rule 43
Paragraph 1 of section 43 is amended to read:
"The contributions of employers and employees are seated:
either on all gross remuneration capped under the conditions provided by theArticle R. 243-10 of the Social Security Codeconverted 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 agreement of the majority of the employees concerned, on the gross remuneration capped under the conditions provided by theArticle R. 243-10 of the Social Security Code, entering the social security premiums set out in articles L. 242-1 et seq. 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:
"The 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:
“§1. 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.
§ 2. If the employer has failed to comply with its obligations under subsection 1, the amount of contributions shall be determined on a stand-alone basis in accordance with the rules established by the Unédic.
This assessment must be notified to the employer by a notice of a notice to the employer by registered letter with acknowledgement of receipt. »
Rule 47
Section 47 is amended to read:
Ҥ1. The payment of contributions is made at the employer's diligence, which is responsible for the payment of employer and salary shares to the recovery agency referred to in theArticle L. 5427-1 of the Labour Code.
The amount of contributions is rounded to the nearest euro. The euro fraction equal to 0.50 is counted for 1.
§ 2. Contributions not paid on the due date set out in section 45 of this chapter are subject to delayed increases.
These delay increases, calculated on the amount of contributions due and unpaid, begin to run the day after the due date.
It is applied:
– a delay increase of 10% of the amount of contributions that were not paid at the due date. This increase is applicable once between the first day after the due date and the last day of the third month following that same date. The increase is due for this quarterly period as determined, even if it is incomplete;
– delay increases of 2% per quarter from the first day of the fourth month following the due date of contributions. These delay increases are calculated by quarterly period; they are due for any quarterly period as determined, even if incomplete. »
Rule 48
Section 48 is amended to read:
"Every action brought or prosecuted against an employer who is missing from the obligations resulting from the provisions governing the unemployment insurance plan is obligatoryly preceded by a registered letter with a request for a notice of receipt, inviting the person concerned to regulate his situation within 15 days. »
Rule 49
Section 49 is amended to read:
Ҥ1. Remission of contributions.
A partial or total disbursement of the remaining contributions due by an employer benefiting from a conciliation or safeguard procedure may be granted where such a rebate preserves the general interests of unemployment insurance.
A partial remission of the remaining contributions due by an employer in recovery or judicial liquidation may be granted where a partial payment over a given period is likely to better preserve the interest of the plan than a full payment over a longer period of time.
Payment times may be made subject to the prior payment of the share of contributions.
§ 2. Remission of delay increases.
A total or partial surrender of the delay increases provided for in section 47, paragraph 2, of this chapter and the penalties provided for in sections 46, paragraph 2, of this chapter and 52 may be granted to debtors in good faith or 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.
In the event of recovery or judicial liquidation, the delay increases provided for in article 47, paragraph 2, of this chapter and the penalties provided for in sections 46, paragraph 2, of this chapter and 52, due on the date of the opening judgment, shall be made ex officio.
§ 3. Requirements.
(a) The stay referred to in section 48 of this chapter shall be limited to contributions and delay increases due in the 3 years preceding the date of shipment.
The civil action in recovery is prescribed, except in cases of fraud or misrepresentation, by 3 years and, in case of fraud or misrepresentation, by 10 years after the expiry of the time limit provided by the release. The prescription of the action extinguishes the debt.
When the amount of the debt is less than a threshold set by the General Assembly, the Board of Directors or the Office of the Unédic, the debt is extinguished after a period of 3 years that runs from the end of the accounting year in which the debt was born.
(b) The claim for unduly delayed contributions and increases is prescribed by 3 years from the date on which such contributions and increases were paid. »
Chapter II
Optional
2.1. Voluntary employer affiliation
2.1.1. Employees concerned
2.1.1.1. Employees not included in the application field
Territory of the Unemployment Insurance Plan
Employers whose legal nature would allow them, in France, to be subject to the unemployment insurance scheme, may 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 Chapter I, item 1.2.1. 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.
2.1.1.2. Employees included in the field
the territorial application of the unemployment insurance scheme
Employers included in the territorial scope of the Unemployment Insurance Plan, referred to in Article 4, paragraph 1, of the Convention of 6 May 2011 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 that they recruit.
For its application to employers and employees referred to in 2.1.1, the general regulation annexed to the Convention on the Compensation of Unemployment of May 6, 2011 is amended as follows:
2.1.2. Benefits
Article 3
Section 3 is amended to read:
"Private employees must justify periods of affiliation corresponding to periods of employment resulting 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 two thirds 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 employment employees justifying one of the affiliate periods 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 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 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:
Ҥ1. 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 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 shall be 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 fix 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. »
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, if not, a certificate of subjugation to one of the social security schemes managed by the Caisse des Français de l' étrangers. »
2.1.3. Contributions
Rule 41
Section 41 is amended to read:
Ҥ1. 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 May 6, 2011 Convention on the Compensation of Unemployment, the General Settlement, 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 first day of the calendar quarter in which the above-mentioned 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:
"The contributions of employers and employees are seated:
either, on all gross remuneration capped under the conditions provided by theArticle R. 243-10 of the Social Security Codeconverted 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 agreement of the majority of the employees concerned, on the gross remuneration capped under the conditions provided by theArticle R. 243-10 of the Social Security Code, entering the social security premiums set out in articles L. 242-1 et seq. 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:
"The 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
Section 47 is amended to read:
Ҥ1. The payment of contributions is made at the employer's diligence, which is responsible for the payment of employer and salary shares to the recovery agency referred to in theArticle L. 5427-1 of the Labour Code.
The amount of contributions is rounded to the nearest euro. The euro fraction equal to 0.50 is counted for 1.
§ 2. In the event of non-compliance by the employers referred to in 2.1.1. of the obligations listed in sections 41 to 47, paragraph 1, of this Part, as in the case of the production of false declarations, the provisions of the agreement of 6 May 2011 on the compensation of unemployment will cease to apply.
Employees, informed of this situation, may then join the unemployment insurance plan individually, under the conditions set out in Chapter II, section 2.3 of this annex. »
Articles 50 to 53
Articles 50 to 53 are deleted.
2.2. Foreign shipping companies
2.2.1. 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 Mariners Nationals of these States that, during the duration of their navigation:
― are registered in a French maritime district;
and are eligible for the benefit of the National Establishment of Marine Invalids Regime,
may involve these sailors in the unemployment insurance scheme.
For its application to the employers and sailors referred to in 2.2.1, the general regulation annexed to the Convention on the Compensation of Unemployment of May 6, 2011 is amended as follows:
2.2.2. Benefits
Sections 1, 3, 4, 6, 9, 21 and 23 are amended in accordance with the provisions of Chapter I of Schedule II to the General Regulations.
2.2.3. Contributions
Rule 41
Section 41 is amended to read:
"Employers who use the faculty offered under 2.2.1 are required to address the affiliate organization.
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 based on all the gross wages capped under the conditions provided by theArticle R. 243-10 of the Social Security Codeconverted 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 45
Section 45 is amended to read:
"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 determined by the Unédic are allowed to pay only once a year, i.e., no later than January 15, contributions to the previous calendar year.
With respect to newly subject establishments, the first payment shall be made as soon as the first due date of the termination date provided for in section 41 of this section. »
Rule 46
Section 46 is amended to read:
"Every 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 for the calculation of the contributions. »
Rule 47
Section 47 is amended to read:
Ҥ1. The payment of contributions is made at the employer's diligence, which is responsible for the payment of employer and salary shares to the recovery agency referred to in theArticle L. 5427-1 of the Labour Code.
The amount of contributions is rounded to the nearest euro. The euro fraction equal to 0.50 is counted for 1.
§ 2. The employer who makes 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 company had been affiliated, and not more than twice 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 Chapter II, section 2.3 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 employed by an employer referred to in 2.1 and 2.2, except expatriate employees employed by an employer affiliated with the compulsory unemployment insurance plan or by an employer who is an optionally affiliated employer under the provisions of this annex;
― expatriate employees nationals 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 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 framework 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 Convention of 6 May 2011 on compensation for unemployment is amended as follows:
2.3.2. Benefits
1° Articles 3 to 6, 11 to 14 and 27 are amended as indicated in 2.1.2;
2° For employees of international organizations:
- Articles 3, 5, 6, 11 to 14 and 27 are amended as indicated in 2.1.2;
― section 4 a, b, d, e and f: without change from section 2.1.2.
The text is as follows:
"(c) Not having reached the age determined for the opening of the right to an old age pension within the meaning of 2° of Article L. 5421-4 of the Labour Code ; however, persons 55 years of age and older must not be able to claim a full-rate or early-paying 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 gross remuneration capped under the conditions provided by theArticle R. 243-10 of the Social Security Codeconverted 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
Section 45 is amended to read:
"The contributions are due from 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 slip, the model of which is established by the Unédic and the amount of the remuneration for the calculation of contributions. »
Rule 47
Section 47 is amended to read:
Ҥ1. The payment of contributions is made at the employee's diligence, which is responsible for the payment of the employer and salary shares to the recovery agency mentioned in the employee'sArticle L. 5427-1 of the Labour Code.
The amount of contributions is rounded to the nearest euro. The euro fraction equal to 0.50 is counted for 1.
§ 2. 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 III
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 referred to in section 3.1 is dealt with in accordance with the provisions of the May 6, 2011 Convention on the Compensation of Unemployment with respect to the Opening Conditions of Allowance Rights, the Determination of Compensation Periods, the Custom Employment Access Project and the Payment of Allowances.
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
6 MAY 2011 RELATIVE TO THE INDEMNISATION OF THE CHLOMAGE
Artists of the show
Having regard to the agreement of 18 January 2006 on aid for the return to employment and compensation for unemployment and the annexed general regulation;
In view of Book IV of Part 5 of the Labour Code, and in particular 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 performance, 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 under a long-term employment contract determined by employers under section L. 5422-13 or sections L. 5424-1 to L. 5424-5 of that 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:
Ҥ1. 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 Annex VIII to the General 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. 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 (c), (e) and (g), is amended to read:
"(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) 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 provided for in the 2° of Article L. 5421-4 of the Labour Code. »
“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 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.
The teaching hours provided by artists under a contract of work with a duly authorized 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 taken into account reduce the limit of two thirds of the number of hours of training referred to in the first paragraph above. »
Article 10
Section 10, paragraphs 1, 2 (b) and 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 rights;
(b) Where an allocatary was previously supported under this Schedule or Schedule VIII and cannot justify the period of affiliation referred to in section 3, a maximum of 48 hours per 30-day period beyond the 335th day before the end of the employment contract (1) is sought.
As a transitional measure, for readmissions to 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 (2).
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 shall retain the copy of the certificate issued by his employer pursuant to section R. 1234-9 to R. 1234-12 of the Labour Code, in order 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.
“§2. (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. Paragraph 3 is deleted.
Article 11
Article 11 is deleted.
Article 12
Section 12 is replaced by the following text:
Ҥ1. The compensation period is 243 days.
Ҥ2. With the exception of paragraph 1 above, allocatories aged 60 and 6 months continue to benefit from the daily 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, 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:
Ҥ1. 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 General Regulation and included in the reference period, the incomplete months being counted prorated. »
Article 22
Section 22 is amended to read:
"Paragraph 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 (JA) under sections 3 and following is the amount resulting from the following formula:
You can consult the table in the
JOn° 138 of 16/06/2011 text number 33
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 €19.53 (value as of July 1, 2010). »
Rule 26
Paragraph 2 of Article 26 is amended to read:
Ҥ2. The amount of the allowance served 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. »
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 on the basis of working hours at 10 hours per day.
The deduction of this interest may not be the effect of determining a daily allowance less than the minimum allowance referred to in section 23 (8).
The proceeds of this participation are allocated to the financing of the complementary pensions of allocataries of the unemployment insurance plan.
Rule 28
Section 28 is amended to read:
"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 four times the ceiling of the old-age social security insurance plan covered by theArticle L. 241-3 of the Social Security Code effective 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. »
Rule 29
Section 29 is amended to read:
Ҥ1. 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
You can consult the table in the
JOn° 138 of 16/06/2011 text number 33
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 section 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 slip...) 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 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 1.3. »
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 affiliate with the National Recovery Centre, managed by the institution referred to in theArticle L. 5312-1 of the Labour Codewithin 8 days of the date on which the unemployment insurance scheme is applicable to them. »
Ҥ3. 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 of 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%, at the expense of 3.50% for employers and 1.90% for employees. »
Rule 61
Section 61 is replaced by the following text:
"The contributions are due 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 end of the employment contract and 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:
"The contributions are paid by each institution to the National Recovery Centre managed by the institution referred to in theArticle L. 5312-1 of the Labour Code. »
Rule 69
Article 69, paragraph 1 (c), is as follows:
"(c) Grant a full or partial surrender of the delay increases provided for in Article 66 and the penalties provided for in Articles 56, paragraphs 3, 62, 63, 67 and 74, to the good-faith debtors justifying the impossibility in which they found themselves, due to a case of force majeure, to settle the amounts due within the time limit. »
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 GLOBAL REGULATION AND ANNEX TO THE GLOBAL REGULATION OF THE CONVENTION OF 6 MAY 2011 RELATING TO THE INDEMNIATION OF
Former holders of a fixed-term employment contract with
received support for ITC expenditures
The provisions of this Schedule apply to former holders of a fixed-term employment contract, beneficiaries of individual training leave, referred to in Articles 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 Convention of 6 May 2011 on compensation for 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 2
Affiliate. — Resources
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 section 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 received during the last four 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 GLOBAL REGULATION AND ANNEX TO THE GLOBAL REGULATION OF THE CONVENTION OF 6 MAY 2011 RELATING TO THE INDEMNIATION OF
Definition of the specific contribution base
employers 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:
either to retain a flat base (chapter I);
either to apply a specific lump-sum deduction for professional costs for journalists (chapter II);
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 lump sum deduction
specific 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 on 15 June 2011.
For the Minister and by delegation:
Le delegate général à l'emploi
and vocational training,
B. Martinot
