Key Benefits:
Publics concerned: individual legal persons and contractors in the service sector to the individual.
Purpose: person service activities - use of universal job-service cheques.
Entry into force: the provisions relating to the accreditation procedure and the declarative regime (art. 1) come into force two months after the publication of the decree. The payment of the disability compensation benefit (art. 2) comes into force on the day after its publication.
Notice: Article 1 organizes the procedure for the accreditation of professionals engaged in service activities to the person intended for fragile audiences (guarding or accompaniment of children under three years of age, life assistance or accompaniment of the elderly or disabled). It sets out the conditions under which the accreditation may be granted or withdrawn as well as the obligations that affect the authorized persons. The application must be addressed to the department prefect, who has a three-month deadline to respond.
The decree also establishes the regime of the new declarative system. This statement allows the opening of tax and social benefits rights (tax credit or reduction, reduced VAT rate...). The statement is made with the department prefect. Statements can be made online.
Section 2 extends the possibilities for payment of disability compensation by universal employment-service cheques for mobility and transport assistance activities.
References: the Labour code and the code of social action and families, as amended by this decree, can be consulted in their writing following this amendment on the website Légifrance (http://www.legifrance.gouv.fr).
This decree is taken for the application of Articles L. 7232-1 and L. 7232-1-1 of the Labour Codecreated by theArticle 31 of Act No. 2010-853 of 23 July 2010 relating to consular networks, trade, crafts and services. It implements Directive 2006/123 on services in the domestic market in the field of human services.
The Prime Minister,
On the report of the Minister of Economy, Finance and Industry,
Considering Directive No. 2006/123/EC of the European Parliament and the Council of 12 December 2006 on services in the domestic market;
Considering the code of social action and families;
Vu le Labour code ;
Vu la Act No. 2000-321 of 12 April 2000 relating to the rights of citizens in their relations with administrations, including article 22;
Considering the opinion of the Central Fund of the Agricultural Social Mutuality of 26 January 2011;
Having regard to the advice of the Board of Directors of the central agency of social security agencies dated 11 February 2011;
The State Council (Social Section) heard,
Decrete:
The working code is thus modified:
1° The title of chapter II of title III of Book II of the Labour Code is replaced by the following title: "Chapter II. ― Accreditation and declaration of individual corporate and entrepreneurial entities”;
2° Section R. 7232-1 is replaced by the following provisions:
"Art. A. 7232-1.-The application for the approval of a legal person or an individual contractor referred to in Article L. 7232-1 shall be sent by its legal representative to the prefect of the department electronically or by registered letter with notice of receipt. » ;
3° In article R. 7232-2, the 4° and 5° become the 5° and 6°, and the 1°, 2° and 3° are replaced by the following provisions:
« 1° The address and social reason of the legal person or the name of the individual contractor;
« 2° The address of the principal institution of the legal person or individual contractor as well as the address of their secondary institutions, if any;
« 3° Departments where activities will be carried out;
« 4° The nature of the proposed benefits and the targeted audiences or clients”;
4° Section R. 7232-3 is amended as follows:
(a) The 1° is replaced by the following:
« 1° An excerpt from the register of trade and societies or from the repertoire of trades or a copy of the statutes of the legal person, or, where applicable, for nationals of a Member State of the European Union or another State Party to the Agreement on the European Economic Area, an equivalent document";
(b) It is added, after the 4th, a paragraph to read as follows:
"The individual legal persons or contractors who are legally established in another Member State of the European Union or a party to the Agreement on the European Economic Area shall attach to their files any information and documents relating to their situation with regard to the implementation of the obligations provided, if any, by the law applicable in the State in which they are established, with a view to examining their application for approval. » ;
5° Section R. 7232-4 is replaced by the following provisions:
"Art. A. 7232-4.-The approval of legal persons or individual contractors referred to in section L. 7232-1 shall be issued by the prefect of the department of the place of establishment of the principal institution of the legal person or individual contractor after the advice of the President of the General Council on the capacity of legal persons or individual contractors requesting approval to provide a quality service and on the allocation of human, material and financial means proportioned to that requirement.
"If the file is incomplete, the prefect informs the applicant and invites him to produce the missing parts or information.
"The silence kept by the prefect for more than three months from the date of receipt of a complete application for approval shall prevail.
"When the legal person or individual contractor is established outside France, the application for approval is addressed to the prefect of the department where its main activity will be carried out. » ;
6° Section R. 7232-5 is replaced by the following provisions:
"Art. A. 7232-5.-If the legal person or individual contractor plans to operate in several departments, the prefect of the department of the place of establishment of the principal institution of the legal person or of the individual contractor shall collect the advice of the chairs of the general council of the departments concerned, through the territorially competent prefects.
"A request to extend the licence to a new activity or department shall be subject to a request to amend the licence to be sent to the prefect of the department of the location of the principal institution of the legal person or individual contractor. The latter collects the opinion of the president of the general council of the department concerned, through the extension of approval, through the territorially competent prefect.
"If the application file is incomplete, the prefect informs the applicant and invites him to produce the missing parts or information. The silence kept by the prefect for more than three months from the date of receipt of a complete file takes decision of acceptance. » ;
7° Section R. 7232-6 is replaced by the following provisions:
"Art. A. 7232-6.-The authorization provided for in Article L. 313-1 of the Code of Social Action and Families, obtained for the services providing assistance and home support under 1°, 6° and 7° of the I of Article L. 312-1 of the Code of Social Action and Families, shall be approved within the limits of the activities and geographical area provided for by that authorization. » ;
8° Section R. 7232-7 is replaced by the following provisions:
"Art. R. 7232-7.-The Prefect shall grant approval when the following conditions are met:
« 1° The legal person or individual contractor has, in its own or within the network of which it is part, human, material and financial means to satisfy the object for which the approval is sought;
« 2° The corporation or individual contractor with several establishments has a quality charter that meets the requirements of the accreditation and to which the establishments adhere. The implementation of this charter by institutions results in a periodic internal assessment;
« 3° The applicant for approval undertakes to respect a specification approved by order of the Minister for Services, the Minister for Older Persons, the Minister for Persons with Disabilities and the Minister for the Family. The terms and conditions of operation, organization and, where applicable, continuity of services, as well as conditions for the issuance and evaluation of benefits, are specified in the terms and conditions of quality referred to in sections L. 7232-1 and L. 7232-5;
« 4° The directors of the legal person or the individual contractor have not been subject to a criminal conviction or civil, commercial or administrative penalty that prohibits them from managing, administering or directing a legal person or carrying out a commercial activity;
« 5° When the activity of services to the person is in connection with the minors, the person representing the legal person or the individual contractor is not included in the automated national judicial file of the perpetrators of sexual offences or, for nationals of a Member State of the European Union or another State Party to the Agreement on the European Economic Area, on an equivalent document if it exists. » ;
9° Section R. 7232-9 is replaced by the following provisions:
"Art. R. 7232-9.-The application for renewal is filed, no later than three months before the end of the period of registration with the prefect of the location of the principal institution of the legal person or individual contractor.
"Agreed bodies under the 2nd of Article L. 313-1-2 of the Code of Social Action and Families shall provide the results of their external assessment under the conditions and deadlines set out in the combined provisions of Articles L. 312-8 and L. 313-1-2 of the Code of Social Action and Families.
"The certification exempts from the external evaluation under the conditions provided for under the combined provisions of Article L. 312-8 and Article L. 313-1-2 of the Code of Social Action and Families. It shall be entitled to the automatic renewal of the licence, subject to the conditions set out in the following paragraph, subject to the same activities and establishments.
"Each registered and certified organization has an automatic renewal of its previous approval provided that all of its activities and facilities are covered by a certification as defined in Article L. 115-27 of the Consumer Code. This certification must be based on a service reference to the person who meets the requirements set out in the terms of reference referred to in 3° of section R. 7232-7. The compliance of the repository of each certifying body with the terms of reference is recognized by a decision of the Director General of the National Human Services Agency, which is published in the Official Bulletin of the Department in charge of Services. » ;
10° Section R. 7232-10 is replaced by the following provisions:
"Art. A. 7232-10.-The legal entity or the registered individual contractor shall produce at least each quarter a statement of activity and each year a qualitative and quantitative assessment of the activity carried out under the previous year as well as an annual statistical table. These documents are sent electronically to the National Human Services Agency, which makes them accessible to the Prefect. If not, they are sent in the form of paper documents to the Prefect, which ensures that they are transmitted to the National Service Agency to the Person. It makes them accessible electronically to the Minister responsible for employment for statistical purposes.
"When the legal person or individual contractor has several institutions, the statistical statements and the annual balance sheet distinguish the activity of each institution. » ;
11° In R. 7232-11, the words: "an association or a company with" are replaced by the words: "a corporation or an individual contractor with";
12° In the second paragraph of R. 7232-12, the words: "The Regional Director of Business, Competition, Consumer Affairs, Labour and Employment" are replaced by the words: "The Prefect";
13° Section R. 7232-13 is amended as follows:
(a) In the first paragraph, the words: "association or business" are replaced by the words: "the legal person or individual contractor";
(b) The 4th of this same article is deleted;
(c) The 5th of this article becomes the 4th;
14° Section R. 7232-14 is replaced by the following provisions:
"Art. R. 7232-14.-The withdrawal of the authorization provided for in Article L. 313-1 of the Code of Social Action and Families by the President of the General Council who issued it shall withdraw the approval obtained under the conditions provided for in Article R. 7232-6."
15° Section R. 7232-15 is amended as follows:
(a) In the first paragraph, the words: "association or business" are replaced by the words: "the legal person or individual contractor" and after the word "recommended", are added the words: "with notice of receipt";
(b) In the second paragraph, the words "It has" are replaced by the words "It has";
16° Section R. 7232-16 is amended as follows:
(a) In the first paragraph, the words: "association or business" are replaced by the words: "the legal person or individual contractor";
(b) The second paragraph shall be replaced by the following:
"In the absence of a justification for the fulfilment of this obligation and after a stay of no effect, the Prefect shall publish at the expense of the legal person or individual contractor its decision in two local newspapers or in a local newspaper and a nationally distributed newspaper when the activities involved in the service to the person are carried out in the territory of at least two regions. » ;
17° Section R. 7232-17 is replaced by the following provisions:
"Art. R. 7232-17. -The decision to withdraw approval is published in the compendium of the administrative acts of the prefecture.
"The prefect informs the president of the relevant general councils, the National Human Services Agency and the agency responsible for the collection of territorially competent social security contributions";
18° Chapter II of title III is supplemented by a section 4 as follows:
“Section 4
« Declaration, registration of activity
and withdrawal of registration
"Art. A. 7232-18.-The declaration of the legal person or individual contractor referred to in section L. 7232-1-1 shall be made with the prefect of the department of the location of the principal institution of the legal person or the place of establishment of the individual contractor. It is sent electronically or by registered letter with notice of receipt by its legal representative.
"When the legal person or individual contractor is established outside France, his statement is addressed to the prefect of the department where his main activity will be carried out.
"When a corporation or an individual contractor has multiple establishments or is engaged in a new activity, the opening of a new institution or the exercise of the new activity shall be subject to an amendment declaration under the same conditions as the initial declaration.
"Art. R. 7232-19.-The statement includes:
« 1° The social reason of the legal person or the name of the individual contractor and their address;
« 2° The address of the principal institution of the legal person or individual contractor and the address of their secondary institutions;
« 3° The mention of service activities to the proposed person;
« 4° The commitment of the legal representative of the legal person or individual contractor to carry out his or her activity in the field of services to the individual on an exclusive basis, in accordance with Article L. 7232-1-1, subject to the 5°;
« 5° The commitment of the legal representative of the legal person exempted from the exclusive activity condition under section L. 7232-1-2 to establish a separate accounting for the services to the person referred to in section L. 7231-1;
« 6° For certain benefits identified as such by the decree provided for in the 1st of Article L. 7231-2, the commitment to include these benefits in a service offering including a set of services to the person carried out at home.
"Art. R. 7232-20.- Upon receipt of the full declaration file, the prefect of the department of the location of the principal institution of the legal person or individual contractor records the declaration and delivers a receipt. In the event that the file is incomplete, the prefect informs the applicant and invites him to produce the missing parts or information.
"The receipt issued to the corporation or to the individual contractor is published in the compendium of the administrative acts of the prefecture.
"The prefect informs the National Human Services Agency and the Director of Tax Services and the agency responsible for the collection of territorially competent social security contributions. The National Human Services Agency makes available to the public electronically the list of individual legal persons and contractors whose declaration gave rise to the issuance of a receipt.
"The benefit of exemptions from social security contributions referred to inArticle L. 241-10 of the Social Security Code is acquired from the first day of the month following the publication of the receipt.
"Art. A. 7232-21.-The legal person or individual contractor who made a declaration shall produce at least each quarter a statement of activity and annually a qualitative and quantitative assessment of the activity carried out under the previous year as well as an annual statistical table. These documents are sent electronically to the National Human Services Agency, which makes them accessible to the Prefect. If not, they are sent in the form of paper documents to the Prefect, which ensures that they are transmitted to the National Service Agency to the Person. It makes them accessible electronically to the Minister responsible for employment for statistical purposes.
"When the legal person or individual contractor has several establishments, the statistical statements and the annual balance sheet mentioned in the first paragraph distinguish the activity carried out by each institution.
"The legal person or individual contractor who made a declaration undertakes to place on all its commercial media the logotype identifying the service sector to the individual. This logotype is made available free of charge to legal persons and individual contractors by the National Human Services Agency.
"Art. A. 7232-22.-The legal person or individual contractor who ceases to meet the conditions or to comply with the obligations referred to in 4°, 5° and 6° of Article R. 7232-19 or who repeatedly ignores, after re-establishment by the prefect, the obligations defined in Article R. 7232-21 shall lose the benefit of the provisions of Article L. 7233-2 and of provisions of Article L. 241-10 of the Social Security Code.
"He is informed by the prefect, by registered letter with acknowledgement of receipt. He has a fifteen-day time limit to submit his observations.
When the prefect considers that the deficiencies identified do not justify the withdrawal of the registration but make it necessary to amend the terms of the declaration, the person in question is invited by the prefect to make the required amendment to the statement.
"The decision to withdraw or amend a declaration registration is made by the prefect of the department where the declaration was registered. It is published in the compendium of administrative acts of the prefecture.
"The prefect informs the National Human Services Agency and the Director of Tax Services and the agency responsible for the collection of territorially competent social security contributions.
"Art. R. 7232-23.-The decision to withdraw the registration and benefit of provisions of articles L. 7233-2 of the Labour Code and ofArticle L. 241-10 of the Social Security Code takes effect immediately. The legal person or individual contractor shall promptly inform all beneficiaries of their services by individual letter.
"If there is no justification for the fulfilment of this obligation, and after it remains unimpeded, the Prefect shall publish at the expense of the legal person or individual contractor its decision in two local newspapers or in a local newspaper and a national broadcast newspaper when the activities involved in the service to the person are carried out in the territory of at least two regions.
"Art. R. 7232-24.-In the case provided for in the first paragraph of Article L. 7232-8, the legal person or individual contractor who has been the subject of a decision to withdraw the benefit of Articles L. 7233-2 of the Labour Code and ofArticle L. 241-10 of the Social Security Code may, pursuant to the second paragraph of Article L. 7232-8, make a new declaration only after one year from the date of notification of the decision to withdraw the registration of the declaration. »
Section R. 245-68 of the Code of Social Action and Families is replaced by the following provisions:
"Art. R. 245-68.-The elements of the compensation benefit financing expenses referred to inArticle L. 1271-1 of the Labour Code may be paid in the form of a universal employment-service cheque, if the beneficiary or his legal representative agrees to it."
The provisions of Article 1 of this Decree come into force two months after its publication.
The Minister of Economy, Finance and Industry, the Minister of Labour, Employment and Health, the Minister of Budget, Public Accounts and State Reform, Spokesman of the Government, the Minister of Solidarity and Social Cohesion and the Secretary of State to the Minister of Economy, Finance and Industry, responsible for trade, crafts, small and medium-sized enterprises,
Done on 20 September 2011.
François Fillon
By the Prime Minister:
Minister of Economy,
finance and industry,
François Baroin
The Minister of Labour,
employment and health,
Xavier Bertrand
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
Valérie Pécresse
Minister of Solidarity
and social cohesion,
Roselyne Bachelot-Narquin
Secretary of State
to the Minister of Economy,
finance and industry,
responsible for trade, crafts,
small and medium-sized enterprises,
tourism, services,
liberal professions and consumption,
Frédéric Lefebvre
