Key Benefits:
Publics concerned: unemployed persons residing in Mayotte and meeting social and professional difficulties in access to employment, beneficiaries of active solidarity income in Mayotte and Department of Mayotte.
Subject: extension and adaptation of the unique integration contract to the Department of Mayotte.
Entry into force: the text comes into force on the day after its publication.
Notice: Within the framework of the Departmentalization of Mayotte, the decree replaces the regulatory provisions relating to former contract arrangements assisted the single contract of insertion in the manner applicable in metropolis.
References: the provisions of the Labour Code applicable to Mayotte as amended by this Decree may be consulted, in their drafting resulting from this amendment, on the Legifrance website (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Labour, Employment and Health,
Considering the Labour Code applicable to Mayotte;
See?Order No. 2011-1636 of 24 November 2011 extending and adapting the single integration contract to the Department of Mayotte;
Vu le Decree No. 2012-658 of 4 May 2012 extending and adapting the single contract of insertion to the Department of Mayotte and amending the second part of the Labour Code applicable to Mayotte (Council Decrees);
Considering the referral of Mayotte's General Council dated 23 February 2012;
Considering the opinion of the National Employment Council dated 26 January 2012,
Decrete:
It is inserted under title II of Book III of the Regulatory Part of the Labour Code applicable to Mayotte (Part III: Decrees) a chapter II, as follows:
“Chapter II
" Provisions relating to the single insertion contract
“Section 1
"Company contract in employment
"Subsection 1
"Financial aid and exemptions
“Paragraph 1
« Financial aid
"Art. D. 322-1.-For the purposes of section L. 322-23, the Department's monthly participation in aid funding is 88% of the lump sum mentioned in the 2nd of section L. 262-2 of the Code of Social Action and Families, applicable to a single-person home, within the limits of the aid actually paid.
"However, where the individual employment support contract provides for the weekly working period of seven hours in accordance with the exemption provided for in Article L. 322-16, the monthly participation rate of the Department referred to in the preceding paragraph is reduced to 45%.
“Paragraph 2
“Exemptions
"Art. D. 322-2.-The amount of the exemption provided for in section L. 322-24 is equal to that of the employer's dependant contributions under the Maternity Health Insurance Plan, the mandatory basic plan for family benefits and the mandatory basic social security pension plan applicable to Mayotte, corresponding to the fraction of the remuneration not exceeding the product of the minimum wage interprofessional hours
"Subsection 2
"Immersion periods
"Art. D. 322-3.-The individual employment contract agreement referred to in Article L. 322-7 may provide, in its initial drafting or by ad hoc, for the employee to carry out immersion periods with one or more other employers.
"Art. O.C. 322-4.-Each immersion period is the subject of an amendment to the accompanying contract in the employment referred to in L. 322-13.
"If applicable, this advent may provide for the possibility of carrying out several immersion periods with the same employer.
"It includes mandatory clauses defined by order of the Minister responsible for employment.
"An employee may not be punished, terminated or discriminated against for refusing to perform an immersion period or for having decided to terminate it.
"Art. D. 322-5.-The duration of each immersion period may not exceed one month.
"The cumulative duration of all immersion periods during the accompanying contract in employment cannot exceed 25% of the total duration of the contract.
"Art. O.C. 322-6.-Each immersion period is the subject of a free-of-charge agreement between the employer of the employee under an accompanying contract in the employment and the employer to which it will be made. This agreement may provide for the possibility of several periods of immersion with the same employer.
“The agreement to be made available includes:
« 1° The reference to Article L. 322-6, which authorizes a loan of non-profit labour, and to the provisions of Titles I to V of Book II "Regulation of work";
« 2° The name, first name, address and date of birth of the employee;
« 3° The nature of the activities under the Convention;
« 4° The place of execution, working hours, the dates of commencement and end of the immersion period, or, where the agreement provides, periods of immersion, and, in this case, the modalities of succession of periods worked with the employer and the host employer respectively;
« 5° The conditions and conditions for early termination of the provision by either party to the convention;
« 6° The distribution of responsibilities, including safety training and insurance against occupational accidents and occupational diseases, as well as the exercise of disciplinary power and supervisory functions;
« 7° The objectives of immersion, such as the discovery of trades, the confirmation of the professional project, the acquisition of professional experience and skills or any other professional purpose, to be specified;
« 8° The modalities under which the achievement of these objectives is appreciated.
"Art. D. 322-7.-The agreement to be made available shall be forwarded by the employer of the employee under an accompanying contract in the employment, for approval, not later than two months before the date scheduled for the beginning of the period:
« 1° For contracts of support in employment concluded on behalf of the State, to the agency mentioned in the 1st of Article L. 322-1;
« 2° For employment support contracts entered into on behalf of the Department, the General Council or the agency referred to in section L. 322-2.
"Art. D. 322-8.-The receiving agency of the provision agreement referred to in section D. 322-7 shall transmit to the Service and Payment Agency a document whose model is fixed by order of the Minister responsible for employment, indicating each approved immersion period and including the indications necessary for statistical monitoring.
“Section 2
« Contract initiative-employment
"Art. D. 322-9.-For the purposes of section L. 322-43, the Department's monthly participation in aid funding is 88% of the lump sum mentioned in section 2 of section L. 262-2 of the Code of Social Action and Families, applicable to a single-person home, within the limits of the amount of aid actually paid. »
The Minister of the Interior, Overseas, Territorial and Immigration, the Minister of Labour, Employment and Health and the Minister to the Minister of the Interior, Overseas, Territorial and Immigration, in charge of Overseas, are responsible, each with respect to it, for the execution of this Order, to be published in the Official Journal of the French Republic.
Done on 4 May 2012.
François Fillon
By the Prime Minister:
The Minister of Labour,
employment and health,
Xavier Bertrand
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Claude Guéant
The Minister to the Minister of Interior,
of the Overseas, territorial authorities
and immigration, in charge of the overseas,
Marie-Luce Penchard
