Key Benefits:
Audiences concerned: young people from eighteen to twenty-five years of age who are in high precarious situations, who are neither in employment or in training and whose income levels do not exceed a ceiling.
Subject: experimental creation of a "young guarantee".
Entry into force: the text comes into force on the day after its publication.
Notice: The decree provides for the experimentation of the "young guarantee" set out in the multi-year poverty and social inclusion plan adopted at the inter-ministerial committee to combat exclusions of January 21, 2013. The Youth Guarantee consists of a support by local missions with the aim of bringing the young people concerned to professional or training experiences that enable them to build or consolidate their career paths, and a guarantee of resources in support of this support. The respective commitments of the young person and the local mission are subject to a contract for a maximum of one year, renewable. In each territory where the youth guarantee is experienced, a commission, which can be constituted within an already existing body, decides on the award of the youth guarantee and ensures the follow-up of the youth path. Experimentation will be evaluated to determine the conditions necessary for its generalization.
A joint order of the Minister for Employment and the Minister responsible for the budget sets out the list of territories affected by the experiment.
References: This decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Labour, Employment, Vocational Training and Social Dialogue,
Having regard to the Constitution, including articles 37 and 37-1;
Considering the code of social action and families;
Vu le Labour code ;
Vu le Social Security Code ;
Considering the opinion of the National Employment Council dated 17 September 2013,
Decrete:
Until 31 December 2015, it is instituted on an experimental basis a "young guarantee", which aims to bring young people in situations of great precariousness to self-reliance through the organization of a comprehensive, social and professional accompanying path to and in employment or training.
The Youth Guarantee includes:
– an individual and collective support of young people through local missions, allowing access to a variety of professional and training experiences, in order to build or consolidate a professional project;
– a guarantee of resources.
I. ∙ Young people from 18 to 25 years of age who live outside the home of their parents or in the home without receiving financial support from their parents, who are neither students, nor in training or in employment and whose level of resources does not exceed the amount mentioned in 2° of Article L. 262-2 of the Code of Social Action and Families.
For the determination of this amount, young people living in the home of their parents are deemed to be an autonomous home.
Recipients of active solidarity income under Article L. 262-7-1 of the Code of Social Action and Families or because they assume the responsibility of one or more children born or born, in accordance with the provisions of Article L. 262-4 of the same Code, shall not benefit from the youth guarantee.
II. ― exceptionally, can also benefit from the youth guarantee:
1° Young students, in training, in employment or in civic service with a risk of rupture;
2° Young people between the ages of sixteen and eighteen for whom the youth guarantee is a support adapted to the journey towards autonomy;
3° Young people whose level of resources exceeds the ceiling set at I, when their situation justifies it.
I. ― The benefit of the youth guarantee is accompanied by a contractualisation between the local mission and the young, setting mutual commitments for the social and professional integration of the young person.
The young person undertakes to report each month his or her activity resources to the local mission and to certify the sincerity of the information provided. The local mission is committed to offering young people employment or training opportunities.
The contract is concluded for a maximum of one year. It is renewable by decision of the commission referred to in section 5, for twelve months or, by decision of the commission, according to the youth's journey, for a period of between six and twelve months.
II. ― Young people accessing the youth guarantee are affiliated to the general social security system under the conditions provided for in the Articles L. 6342-1 and L. 6342-3 of the Labour Codefor periods during which they are not affiliated to another social security regime.
I. ― The youth guarantee is entitled to a lump sum allowance, of a monthly amount equivalent to that of the active solidarity income mentioned in 2° of Article L. 262-2 of the code of social action and of families for a single person, deducting from the fraction mentioned in 1° of Article R. 262-9 of the same code.
II. ― The allowance is fully cumulative with the youth's activity resources until they exceed a net monthly amount of €300. Beyond that, the allowance is linearly degressive and cancels when the total activity resources of the young person equals 80% of the gross monthly amount of the interprofessional minimum wage of growth.
It is considered to be activity resources, for the purposes of the preceding paragraph, business income, unemployment and social security benefits, training allowances, internship allowances, vocational training and civic service allowances.
The allowance is fully cumulative with all other resources received by the recipient, including social benefits.
It is incessant and elusive.
III. ― The allowance is paid monthly and for term expired, on behalf of the State, by the Service and Payment Agency, which transmits to the Minister responsible for employment the information necessary for the statistical monitoring of the beneficiaries of the allowance, to the knowledge of the credits involved and to the assessment of the measure. It is prorated based on the length of time the young person benefits from the youth guarantee.
IV. ∙ In the event of a one-time non-compliance by the beneficiary of the contractual obligations referred to in Article 3, the commission under Article 5 may decide to temporarily suspend, for a period fixed, the payment of the allowance.
In the event of repeated non-compliance with these commitments, the commission may decide on the release of the youth guarantee.
In each territory participating in the experiment, a commission for the attribution and monitoring of the youth guarantee is constituted.
The purpose of this commission is to identify young people, the admission and renewal decisions in the youth guarantee, within the limits of the available financial envelope, as well as the suspension or exit decisions of the youth guarantee. It organizes and animates local partnerships that enable the identification of young people and the smooth running of the courses. It meets at least once a month.
The commission is composed of the prefect of department or its representative, who chairs it, the president of the General Council or its representative and the presidents of the local missions participating in the experiment or their representatives. The other members of the commission are appointed by the department prefect among the actors involved in the social and professional integration of young people.
The commission may seek, as appropriate, the advice of any person or structure involved in a youth's journey.
I. ― In the event of a youth's access to a sustainable activity in the course of a contract, the commission referred to in Article 5 may decide on the suspension or termination of the youth guarantee.
II. ― The decisions of the commission provided for in Article 4 IV and Article 4 I of this Article shall intervene after the young person has been invited to make his observations.
III. ― Gracious appeals against the decisions of the commission are the subject of a decision of its president. The regional prefect may have a request for a review of these decisions.
The list of territories affected by the experiment is set by a joint order of the Minister for Employment and the Minister for Budget.
Implemented for monitoring experimentation:
1° A national steering committee including a representative of each territory participating in the experiment;
2° A scientific committee responsible for the evaluation of experimentation to determine the appropriate conditions for its generalization; the members of this committee are appointed by order of the Minister responsible for employment.
The Minister of Economy and Finance, the Minister of Labour, Employment, Vocational Training and Social Dialogue and the Minister Delegate to the Minister of Economy and Finance, responsible for the budget, are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 1 October 2013.
Jean-Marc Ayrault
By the Prime Minister:
The Minister of Labour, Employment,
vocational training
and Social Dialogue,
Michel Sapin
Minister of Economy and Finance,
Pierre Moscovici
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Bernard Cazeneuve
