Key Benefits:
Minister of Labour, Employment and Social Dialogue,
Vu le Labour codearticles L. 5422-20 to L. 5422-23, R. 5422-1, R. 5422-2, R. 5422-16 and R. 5422-17 and R. 5424-6;
Considering the Convention of 14 May 2014 on compensation for unemployment;
Having regard to the general rules annexed to the Convention of 14 May 2014;
Having regard to the annexes to the general rules annexed to the Convention of 14 May 2014;
Considering the application agreements for the application of the annexed general regulations and the annexes referred to above;
Considering the May 14, 2014 agreement on the unemployment insurance scheme applicable to apprentices in the public sector;
Considering the May 14, 2014 agreement on the financing of the unemployment insurance of supplementary pension points;
Having regard to the application by the signatory parties on 14 May 2014;
Considering the opinion published in the Official Journal on 6 June 2014;
Having regard to the opinion of the National Employment Council of 4 June 2014, in particular the oppositions made by the CGT and the CFE-CGC, and the advice of the National Employment Council of 18 June 2014 on the basis of the report prepared by the Minister for Labour, Employment and Social Dialogue annexed to this Order;
Considering that, in accordance withArticle L. 5422-22 of the Labour Codethe agreement of May 14, 2014 and the texts associated with it were negotiated and concluded at the national and interprofessional level between representative organizations of employers and employees;
Considering that the provisions of the agreement on compensation for unemployment and related texts are consistent with the legal provisions in force,
Stop it!
Are made mandatory for all employers and all employees mentioned in theArticle L. 5422-13 of the Labour Code, the provisions of the Convention of 14 May 2014 on compensation for unemployment and related texts.
Paragraph 2 of Article 9 of the General Regulations annexed to the Convention of 14 May 2014 is approved subject to the application of provisions of the second paragraph of Article R. 5422-1 of the Labour Code.
The approval of the effects and sanctions of the agreements referred to in Article 1 shall be given for the duration of validity of such agreements.
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.
ANNEXES
Convention of 14 May 2014 on compensation for unemployment
Le Mouvement des Entreprises de France (MEDEF),
The General Confederation of Small and Medium Enterprises (CGPME),
The Union Professionnelle Artisanale (UPA),
on the one hand,
The French Democratic Confederation of Labour (CFDT),
The French Confederation of Christian Workers (CFTC),
The Confederation Française de l'Encadrement CGC (CFE-CGC),
La Confédération Générale du Travail Force Ouvrière (CGT-FO),
The General Confederation of Labour (CGT),
on the other hand,
Considering that unemployment insurance needs to strengthen the security of professional pathways and encourage the resumption of professional activity for job seekers;
Considering the economic situation and, in particular, its impact on the job market and the number of employees deprived of employment;
Considering the need for a return to the financial balance of the unemployment insurance scheme;
Having regard to the fifth part, first, third and fourth books of the Labour Code, including articles L. 5122-4, L. 5123-6, L. 5312-1, L. 5421-1, L. 5422-2-1, L. 5422-9, L. 5422-10, L. 5422-12, L. 5422-16, L. 5422-20, L. 5422-21, L. 5422-1-24, L.
Considering the Inter-Professional National Agreement of 22 March 2014 on compensation for unemployment;
Having regard to Article 3 of the Inter-Professional National Agreement of 11 January 2013 creating the rechargeable rights to unemployment insurance;
In view of the protocol of 18 April 2006 on the rules for the care of intermittent professionals in cinema, audiovisual, broadcasting and entertainment by the unemployment insurance system.
The following provisions are agreed upon:
Article 1
Management of the unemployment insurance plan
The management of the unemployment insurance plan is entrusted to the Unédic.
Article 2
Compensation
§ 1st - The national inter-professional unemployment insurance scheme is intended to provide replacement income for a specified period of time to unintentionally deprived employees of employment who meet the eligibility requirements for the scheme.
§ 2 - To this end, the unemployment insurance system is articulated around a single sector that respects the following principles:
- the opening to compensation rights is subject to a minimum term of affiliation with the unemployment insurance scheme;
- the duration of compensation is equivalent to the duration of an affiliation to the unemployment insurance plan, within the limits of a ceiling that varies according to that the beneficiaries have more or less than 50 years at the end of the employment contract taken into account for the opening of their rights;
- the duration of an affiliation to the unemployment insurance scheme used to determine the duration of the allowances are calculated over a fixed base period.
§ 3 - During the opening of its compensable rights, the allotted person shall be informed, inter alia, of the date of the first day indemnified, the duration of the open law, the amount of the reference wage, the method of calculating and the daily amount of the allowance, specifying the replacement rate for which the allowance corresponds, as a percentage of the gross amount of the reference wage.
The Allocator is also informed of the interest of a resumption of professional activity and the consequences of the loss of an activity that is retained in compensation.
Article 3
Actions to promote return to employment and fight against precariousness
§ 1 - In order to promote the return to employment of job seekers, and especially those who alternate periods of unemployment and short-term work, and to combat the often precarious situation of people, especially young people, whose employment insertion occurs as a result of a succession of short contracts, recharging the rights to unemployment insurance is provided at the end of the compensation, under the conditions set out in the general regulation.
This recharge is based on the following principle: the more a person works, the more it accumulates rights to unemployment insurance.
§ 2 - In order to better encourage the resumption of employment, while ensuring that the insured nature of the unemployment insurance plan is preserved, the cumulative income of a resumed occupational activity in the course of compensation and the allowance is possible throughout the period of compensation, within the limits of the previous salary, under the conditions defined by the annexed general regulation.
§ 3 - In order to facilitate the reclassification of allocatories aged 50 and over or indemnified for more than 12 months, differential reclassification assistance is paid to them under the conditions and limits set out in the annexed general regulation.
§ 4 - In order to facilitate the reclassification of allocatories with an enterprise recovery or creation project, specific assistance is provided for in the reclassification granted under the conditions defined by the annexed General Regulation, referred to as "help for the resumption or creation of a business".
Article 4
Contributions/Resources
§ 1st - The contributions of employers and employees for the coverage of expenses relating to the unemployment insurance scheme are based on the remuneration limited to 4 times the ceiling of the general social insurance scheme covered by the social security insurance schemeArticle L. 241-3 of the Social Security Code.
The rate of contributions is set at 6.40 per cent and is allocated to employers at 4% and to employees at 2.40 per cent.
The share of the contribution to the employer's expense is increased, for fixed-term contracts, depending on the duration of the contract and the grounds for appeal to that type of contract, except in the cases referred to in the general regulation annexed.
An exemption from the employer's expense contribution is granted for the hiring of a young person under the age of 26 in an indefinite contract, under the conditions set out in the annexed general regulation.
However, the rates of contributions by employers and employees at the end of the unemployment insurance plan will be reduced to the effect of 1 January or 1 July of each year if, during the preceding two semesters, the operating result of each semester is surplus by at least 500 million euros and provided that the debt level of the plan is equal to or less than the equivalent of 1.5 months of contributions on average.
To calculate the rate reduction, the sum of the amounts exceeding 500 million euros of each of the semi-annual operating results will be divided by the amount of the contributions collected over the same period and converted to a percentage. This percentage will then reduce the contributions of the following semester, prorated by the "employee" and "employee".
The results of each semester that allowed the calculation of the reduction in the rates of contributions are taken into account only once.
The reduction in contribution rates resulting from the provisions of this article may not have the effect of decreasing the overall rate of contributions by more than 0.4 points per year.
The terms and conditions for the application of the provisions set out in paragraphs 5, 6 and 8 of this paragraph shall be defined by an implementing agreement.
§ 2 - For employers and intermittent employees in the professions of cinema, audiovisual, broadcasting and entertainment, the rates of contributions are set out in Annexes VIII and X to the annexed general regulations.
§ 3 - In application of theArticle 74 of Act No. 2005-32 of 18 January 2005, a contribution equal to 2 months of average gross salary of the last 12 months worked is due to the employer's unemployment insurance scheme which proceeds to dismissal on economic grounds of an employee without proposing to him the benefit of a personalized reclassification agreement.
§ 4 - In application of theArticle L. 1233-66 of the Labour Code, a contribution is due to the employer's unemployment insurance scheme which proceeds to the termination for economic reasons of an employee without proposing to him the benefit of a professional security contract, when the employee refuses the contract of professional security on the proposal of the institution referred to in theArticle L. 5312-1 of the Labour Code. This contribution is equal to 2 months of average gross salary for the last 12 months worked.
Article 5
Scope
The unemployment insurance scheme applies to metropolitan territory, overseas departments and overseas communities in Saint-Pierre and Miquelon, Saint-Barthélemy and Saint-Martin.
It also applies to seconded employees and expatriate employees occupied by companies entering the territorial scope of the agreement.
Article 6
General Regulation, Annexes and Agreements
§ 1st - This Agreement shall be annexed to the General Regulation of the Unemployment Insurance Plan.
§ 2 - The situation of the particular occupational categories is set out in schedules to the general settlement negotiated between the national and interprofessional representative organizations of employers and employees.
Annexes VIII and X, adopted in accordance with the 18 April 2006 protocol on the rules for the care of intermittent professionals in cinema, audiovisual, broadcasting and entertainment by the unemployment insurance system, are governed by the specific provisions set out in the said protocol, supplemented by the provisions of the Interprofessional National Agreement of 11 January 2013 and the Interprofessional National Agreement of 22 March 2014 on 22 March 2014 on
§ 3 - The conditions and/or modalities for the implementation of the provisions of the convention, the annexed general regulations and the annexes are the subject of agreements of application negotiated between representative organizations at the national level and interprofessional of employers and employees.
Article 7
Regional Joint Forums
As part of the mandates entrusted by the Unédic à Pôle emploi and in accordance with the multi-year convention under theArticle L. 5312-3 of the Labour Code, it is given competence to the regional parity bodies sitting within each Regional Directorate of Employment to rule in the cases provided for by the annexed General Regulation and the implementing agreements.
Article 8
Regulatory Fund
A regulatory fund is intended to ensure the stability of benefits and contributions in periods of circuit fluctuations in terms to be defined by the Office of the Unédic.
Article 9
Contribution to the financing of Employment
Contributions by employers and employees mentioned in the articles L. 5422-9, L. 5422-11 and L. 5424-20 the Labour Code provides a total contribution of 10% of the sums collected to the "Operation and Investment" section and the "Operation" section of the Employment Pole budget.
Article 10
Evaluation
The evaluation of the results of the provisions of this Agreement and all of its implementing texts, including those relating to the refillable entitlements to unemployment insurance and the cumulative entitlement with pay, is entrusted to the Unédic.
The Unédic conducts a double assessment over water and ex-post, qualitative, quantitative and financial.
This assessment must distinguish the effects of the economic situation from the effects of each measure.
A first evaluation is presented to the Unédic Office by the end of the first half of 2015.
Article 11
Political Joint Unit (PPG)
A political parity group is tasked with studying the following topics:
- modulation of compensation conditions and contributions;
- the method of calculating the allocation;
- the terms of communication of the replacement rate to which the allowance corresponds as a percentage of the net amount of the reference salary;
- the implementation of a specific assistance to professional conversion and reform of the differential reclassification assistance;
- the modalities for the cumulative allocation and remuneration resulting from a non-earmarked activity;
- the regulations applicable to maternal assistants employed by individuals;
- the consultation with the State on the establishment of a compulsory membership in the unemployment insurance scheme for public employers having the opportunity to join the scheme in a revocable or irrevocable manner;
- the follow-up of the solutions proposed by third-party organizations to collect the data necessary for the calculation and payment of the increase in the share of contributions in accordance with § 1 of the application agreement on contributions made by third-party organizations;
- simplification of existing regulations;
- ensuring the implementation of the technical solutions referred to in application agreement No. 26;
- follow the application of Appendix 11 and the consequences for allocataires concerned (including optional rights).
The political unit submits to the negotiators the conclusions of its work, including any proposals for developments that may be made to this Agreement and all of its implementing texts.
He will meet before the end of the first semester of 2014 and then according to a periodicity to be defined at this first meeting. Alternative rate communication procedures will be reviewed by March 2015.
Article 12
Duration
This Agreement shall be concluded for a fixed period from 1 July 2014 to 30 June 2016, after which it shall cease in full right to produce its effects, with the exception of Article 4 § 1 paragraphs 5 to 8 which shall remain in force until 31 December 2016.
Article 13
Entry into force
§ 1st - The provisions of this Agreement, the annexed General Regulations, the Annexes to these Regulations and the Implementing Agreements shall apply to unintentionally deprived employees of employment whose termination of employment contract has occurred as of 1 July 2014.
§ 2 - However, the situation of employees included in a termination procedure for economic reasons previously initiated on the date of application of this Agreement shall be governed by the provisions of the Agreement, the annexed General Regulation and its annexes in force on the day of the commencement of the proceedings.
The engagement of the procedure is either:
- on the date of the prior maintenance referred to in theArticle L. 1233-11 of the Labour Code ;
- on the date of submission of the letter of summons at the first meeting of the staff representative bodies, provided for in the Articles L. 1233-28 to L. 1233-30 of the Labour Code.
§ 3 - By derogation from the provisions of paragraphs 1 and 2 of this Article, the entry into force of Articles 30 to 33 of the General Regulations annexed to this Agreement shall be determined on 1 October 2014.
From July 1, 2014 to September 30, 2014, articles 24 and 28 to 32 of the general regulation annexed to the Convention of May 6, 2011 on the compensation of unemployment and the relevant texts are applicable, instead of articles 30 to 33 above, to all employees who are unintentionally deprived of employment eligible for compensation or compensated by the unemployment insurance scheme that meet the conditions provided for by the agreement
As of 1 October 2014, articles 30 to 33 of the general regulation annexed to this Agreement and the relevant texts are applicable to all employees who are unintentionally deprived of employment eligible for compensation or compensated by the unemployment insurance scheme, who meet the conditions set out in these provisions, regardless of the agreement on the compensation of unemployment which they fall under.
§ 4 - By derogation from the provisions of paragraphs 1 and 2 of this Article, the entry into force of Articles 26, 28, 29 and 34 of the General Regulations annexed to this Agreement shall be determined on 1 October 2014.
From July 1, 2014 to September 30, 2014, Article 9 of the General Regulation annexed to the Agreement of May 6, 2011 on the Compensation of Unemployment and the relevant texts are applicable, instead of articles 26, 28, 29 and 34 referred to above, to all employees who are unintentionally deprived of employment eligible for compensation or compensated by the unemployment insurance scheme, who meet the conditions provided for by the provision of unemployment insurance,
As of 1 October 2014, articles 26, 28, 29 and 34 of the general regulation annexed to this Agreement and the relevant texts are applicable to all employees who are unintentionally deprived of employment eligible for compensation or compensated by the unemployment insurance scheme, who meet the conditions set out in these provisions, regardless of the agreement relating to the compensation of unemployment which they fall under.
Article 14
Deposit
This Agreement shall be deposited with the Directorate General of Labour.
Made in Paris, May 14, 2014, in two original copies
For the MEDEF, For the CFDT,
For CGPME, For CFTC,
For UPA,For CGT-FO,
General Regulations annexed to the Convention of 14 May 2014
Title I. - Assistance allocation for return to employment
Chapter 1 - Beneficiaries
Chapter 2 - Conditions of attribution
Chapter 3 - Compensation periods
Chapter 4 - Determination of Daily Allowance
Section 1 - Salary of reference
Section 2 - Reference Daily Salary
Section 3 - Daily allowance
Section 4 - Revalorization
Chapter 5 - Payment
Section 1 - Compensation
Section 2 - Deadline
Section 3 - Point of departure
Section 4 - Frequency
Section 5 - Termination of payment
Section 6 - Resuming Payment
Section 7 - Undue benefits
Part II. - Measures promoting the return to employment and the securing of professional routes
Chapter 1 - Rechargeable rights
Section 1 - Recharging rights to exhaustion of rights
Section 2 - The opening of a new period of compensation after the exhaustion of rights
Chapter 2 - The rights of allocataries exercising professional activity
Section 1 - Allocataries engaged in professional activity
Section 2 - Allocataires with several professional activities and successively losing one or more of them
Sub-section 1 - Cumulative procedure
Subsection 2 - Revision of the Law
Chapter 3 - Differential reclassification assistance
Chapter 4 - Support for business recovery or creation
Part III. - Other interventions
Chapter 1 - Death Allowance
Chapter 2 - Unpaid leave assistance
Chapter 3 - Help to the individual who arrives at the end of his rights
Part IV. - Requests for allowances and assistance, and information from the private employee of employment
Chapter 1 - Claims for allowances and aids, and the rights charging device
Section 1 - Review of the rights of private employees
Section 2 - Other requests
Chapter 2 - Notification of rights and information on payment of allowances
Part V. - The requirements
Section 1 - Application for payment
Section 2 - Payment Action Requirements
Part VI. - Regional joint bodies
Part VII. - Contributions
Subtitle I.
Subtitle II. - Resources
Section 1 - General contributions
Section 1 - Plate
Section 2 - Rate
Section 3 - Requirements
Section 4 - Statements
Section 5 - Payment
Section 6 - Precontentious and contentious
Section 7 - Discounts and Timelines
Chapter 2 - Special contributions
Section 1 - Specific Contribution
Section 2 - Recovery
Section 3 - Other resources
Part VIII. - Financial and accounting organization
Part IX. - Coordination of unemployment insurance with the unemployment insurance scheme applicable to Mayotte
General Regulations annexed to the Convention of 14 May 2014
Article 1
The Unemployment Insurance Plan provides a replacement income called a return-to-employment help allowance, for a specified period of time, to involuntaryly employed employees who meet conditions of activity designated as an affiliate period, as well as conditions of age, physical fitness, unemployment, registration as an employment applicant, job search.
Article 2
Unintentionally deprived of employment or assimilated, employees whose termination of the employment contract results from:
- a dismissal;
- a conventional breach of the labour contract, in the sense of articles L. 1237-11 et seq. of the Labour Code ;
- an end to a fixed-term employment contract, including a defined purpose contract, or a mission contract;
- an early termination of a fixed-term employment contract, including a defined purpose contract, or a mission contract, on the initiative of the employer;
- a resignation considered legitimate, under the conditions established by an agreement of application;
- a breach of work contract resulting from one of the causes set out in theArticle L. 1233-3 of the Labour Code.
Article 3
Private employees must justify a period of affiliation that corresponds 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, or 610 hours of work, for the 28 months preceding the end of the employment contract (term of notice), subject to the provisions of Article 28.
For employees aged 50 years and older on the date of the termination of their employment contract, the period of affiliation must be at least 122 days, or 610 hours of work, in the 36 months preceding the termination of the employment contract (term of notice), subject to the provisions of Article 28.
The number of hours taken into account for the required affiliation period is sought within the limits provided by theArticle L. 3121-35 of the Labour Code.
The periods of suspension of the contract of work shall be held on the basis of a day of affiliation per day of suspension or, where the duration of affiliation is calculated in hours, at 5 hours of work per day of suspension.
However, the periods of suspension of the employment contract resulting in the exercise of a professional activity excluded from the scope of the unemployment insurance plan, except those exercised under the articles, are not taken into account. L. 3142-78 to L. 3142-80 and L. 3142-91 the Labour Code, and the periods of suspension of the employment contract provided for in Article 6 giving rise to the payment of the allowance provided for in Article 1.
The training activities referred to in the third and fourth books 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 or, at 5 hours, to days of affiliation within the limit of 2/3 of the number of days of affiliation or hours of work which the private employee of employment justifies in the reference period.
The last day of February is counted for 3 days of affiliation or 15 hours of work.
Article 4
Private employment employees justifying a period of affiliation as provided in Articles 3 and 28 must:
(a) be registered as a job applicant or perform a training action in the personalized job access project;
(b) be in the effective and permanent search for a job;
(c) not having reached the age determined for the opening of the right to a pension within the meaning of 1° of Article L. 5421-4 of the Labour Code or not benefit from retirement under the articles L. 161-17-4, L. 351-1-1, L. 351-1-3 and L. 351-1-4 Social Security and Security Code third and seventh paragraphs of Article 41 of Act No. 98-1194 of 23 December 1998 Social Security Funding for 1999.
However, persons who have reached the above age without being able to justify the number of quarters of insurance required within the meaning of Articles L. 351-1 to L. 351-5 of the Social Security Code (all plans) (1), in order 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 2° of Article L. 5421-4 of the Labour Code.
In addition, private employment workers under the special mine regime, managed by the Caisse des Dépôts et consignations, on behalf of the Caisse autonome nationale de la sécurité sociale dans les mines (CANSSM), should not be:
- or holders of a "normal pension" old age pension, which requires at least 120 quarters validated as mining services;
- no beneficiaries of a so-called "connection" plan providing for the same services a supplement of resources to be relayed by the benefits of open retirement, always under the services involved, in the supplementary pension plans applying the national collective agreement of 14 March 1947 and the agreement of 8 December 1961;
(d) be physically fit for employment;
(e) have not left voluntarily, except in cases provided for by an application agreement, their last employee work activity, or an employee work activity other than the latter, provided that, since the voluntary departure, it cannot be justified from a period of affiliation of at least 91 days or from a period of work of at least 455 hours;
(f) reside in the territory under the scope of application (2) of the Unemployment Insurance Plan referred to in Article 5, paragraph 1, of the Agreement.
Article 5
In the event of termination for the final closure of an institution, employees (3) shall be exempted from completing the condition of termination of section 3.
Article 6
Employees benefiting from a secure voluntary mobility period provided by theArticle L. 1222-12 of the Labour Code may be eligible for benefits in the event of termination of the employment contract during that period for one of the causes set out in section 2.
By exception to Article 3, on the date of the termination of employment contract withheld for the opening of rights, the term of affiliation acquired under the contract of work suspended under theArticle L. 1222-12 of the Labour Code is taken into account to determine the period of compensation defined in section 9.
Article 7
§ 1st - The termination of the employment contract taken into consideration for the opening of the rights must be within 12 months, the term of which is the registration as an applicant for employment.
§ 2 - The 12-month period is extended:
(a) days of interruption of work that have resulted in the service of sickness insurance cash benefits, day-to-day maternity insurance benefits for social insurance, daily paternity leave allowances, day-to-day allowances for a work accident or occupational illness;
(b) periods during which 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 by special or autonomous social security schemes, or a disability pension acquired abroad, has been served;
(c) periods during which obligations entered into at the national service were fulfilled, pursuant toArticle L. 111-2, 1 and 2 of the National Service Code and the duration of the missions carried out under one or more contracts of civic service, volunteering international solidarity or volunteering associative;
(d) continuous vocational training periods referred to in Books 3 and 4 of Part 6 of the Labour Code;
(e) periods during which the person concerned was subjected to an incarceration measure that extended to no more than 3 years after the termination of the employment contract during the period of deprivation of liberty;
(f) periods following the termination of the contract of employment in the conditions specified in the articles L. 1225-66 and L. 1225-67 the labour code where the person concerned could not be rehired under the conditions provided for in this article;
(g) periods of parental education leave obtained under the conditions established by the Articles L. 1225-47 to L. 1225-51 of the Labour Codewhen the employee lost his or her employment during that leave;
(h) periods of leave for the creation of a business or sabbatical leave obtained under the conditions laid down in the articles L. 3142-78 to L. 3142-83, L. 3142-91 to L. 3142-94 and L. 3142-96 the Labour Code;
(i) the duration of the missions entrusted by vote under an elective, political or exclusive labour contract;
(j) the periods of payment of the free choice of activity of the child's reception service, following an end to the employment contract;
(k) periods of educational or research leave obtained under the conditions established by the Articles L. 6322-53 to L. 6322-58 of the Labour Codewhen the employee lost his or her employment during that leave;
(l) periods of payment of the parental attendance allowance referred to in theArticle L. 544-1 of the Social Security Code following an end to the employment contract;
(m) periods of parental leave obtained under the conditions established by the articles L. 1225-62 and L. 1225-63 the Labour Code, when the employee lost his or her employment during the leave.
§ 3 - The 12-month period is further extended by periods during which:
(a) the person concerned attended a disability:
- whose permanent incapacity was such that he/she was aware - or could have perceived, if he/she did not already receive an old age or disability benefit - the allowance to disabled adults covered by theArticle L. 821-1 of the Social Security Code ;
- and the condition of which required the effective assistance of a third person justifying the award of the compensatory allowance or the compensation provision referred to in theArticle L. 245-1 of the Code of Social Action and Families ;
(b) the employee accompanied his spouse who had expatriated to occupy an employee employment or a non-employed business outside the scope of application referred to in Article 4 of the agreement.
The extension referred to in this subsection is limited to 3 years.
§ 4 - The 12-month period is further extended:
(a) periods of leave granted to raise a child under contractual provisions;
(b) periods during which the individual created or resumed a business.
The extension referred to in this subsection is limited to 2 years.
Article 8
The end of the employment contract taken into account, under the conditions set out in section 2, for the opening of the rights is in principle that which put an end to the last activity carried out by the individual in a company within the scope of the unemployment insurance plan.
However, an employee who has not voluntarily left his or her last employment activity under the conditions set out in Article 4(e) and who does not justify, under this termination of employment contract, the conditions referred to in Article 3 may be granted an opening of rights if he or she is in a position to justify that the conditions required were met for an end to the employment contract that occurred within the period referred to in Article 7.
Article 9
§ 1st - The period of compensation is equal to the term of affiliation taken into account for the opening of the rights. It may not be less than 122 days and may not exceed 730 days.
For private employees aged 50 and over at the end of their employment contract, this limit is extended to 1,095 days.
However, under a charge of rights under section 28, the minimum period of compensation is 30 days.
§ 2 - The period of compensation is reduced, however, when the sum of the daily allowances to be paid for the period of compensation specified in the above paragraph exceeds 75% of the reference wage established in accordance with Articles 11 and 12, reported to the periods selected to determine the affiliation within 730 days for employees under 50 years of age at the end of the employment contract and 1095 days for employees aged 50 years and older.
When this limit is reached, the period of compensation is equal to the quotient of 75% of the reference salary as defined above by the amount of the daily allowance.
§ 3 - By exception to § 1 above, allocatories aged 62 continue to be compensated to the age limits provided for in Article 4 (c) if they meet the following conditions:
- be in compensation for at least one year;
- justifying 12 years of affiliation with the unemployment insurance plan or similar periods defined by an application agreement;
- justification for 100 quarters validated by old age insurance Articles L. 351-1 to L. 351-5 of the Social Security Code ;
- justify, either a continuous year, or 2 years discontinuous of affiliation in one or more companies in the 5 years preceding the end of the employment contract.
However, the age for the first paragraph of this paragraph is 61 years and 2 months for allocataries born in 1953 and 61 years and 7 months for those born in 1954.
Article 10
In the case of participation in training activities paid by the State or regions, in accordance with theArticle L. 5422-2 of the Labour Code, the period of compensation established by Article 9 § 1(2) shall be reduced to half the duration of training. For allocataries who, on the date of the internship, could still claim a term of rights more than one month, the reduction cannot lead to a relic of rights less than 30 days.
Article 11
§ 1st - The reference wage taken into account in setting the amount of the proportional portion of the daily allowance shall be determined, subject to section 12, from the remuneration of the 12 calendar months preceding the last day of work paid to the individual (4) entering the contribution plate, provided that they have not already been used for a previous calculation.
§ 2 - The reference wage so determined shall not exceed the sum of the monthly wages capped in accordance with section 51, and included in the reference period.
Article 12
§ 1st - In the reference salary, the remuneration which, although perceived outside the period referred to in the previous article, is nevertheless related to that period.
In whole or in part of that salary, the remuneration received during that period is excluded, but not related to it.
Accordingly, the allowances for 13 months, the balance sheet premiums, the bonuses received during this period are retained only for the portion of the period.
Salaries, rewards, premiums, whose payment is subordinate to the performance of a particular task or to the presence of the employee on a specified date, are considered to be benefits whose annual periodicity is.
§ 2 - Excluded are termination, severance, severance benefits, specific termination benefits, compensatory leave allowances paid, notice or non-concurrence allowances, all amounts whose attribution finds its sole origin in the termination of the employment contract or the termination of the term of the employment contract, subsidies or debts that are granted by the employer in the course of a settlement operation.
Also excluded, remuneration for hours worked beyond the limits provided by theArticle L. 3121-35 of the Labour Code.
Generally, all amounts that do not find their counterparty in the normal performance of the employment contract are excluded.
§ 3 - The replacement income is calculated on the basis of the employee's usual remuneration.
Thus, if the reference period includes periods of sickness, maternity or, in a more general manner, periods of suspension of the employment contract that have not given rise to normal remuneration, such remuneration shall not be taken into account in the reference salary.
Compensation increases, which occurred during the reference period for the calculation of replacement income, are taken into account under the conditions and limitations provided by an application agreement.
Article 13
The average daily reference wage is equal to the quotient of the reference salary defined under articles 11 and 12 by a divider corresponding to the number of days of belonging under which these wages were collected, within 365 days.
The days of belonging correspond to the number of days during which the private employee of employment belonged to one or more companies. However, the days that have not given rise to normal remuneration within the meaning of § 3 of Article 12 are deducted from the number of days of belonging.
Article 14
The daily allowance provided under sections 3 and following shall be the sum of:
- in proportion to the reference daily wage set at 40.4 per cent;
- and a fixed part equal to 11,64 € (5).
When the sum thus obtained is less than 57% of the reference daily salary, the latter percentage is retained.
The amount of the daily allowance served under sections 3 and following so determined shall not be less than 28.38 €5, subject to sections 16 and 17.
Article 15
The minimum allowance and the fixed portion of the return-to-employment assistance allowance referred to in Article 14 shall be reduced proportionally to the particular time of the interested party where this schedule is less than the legal duration of the work concerning him or her or the period established by a collective agreement or agreement, as defined by an application agreement.
Article 16
The daily allowance determined under sections 14 and 15 is limited to 75% of the reference daily salary.
Article 17
The daily allowance paid during a training period included in the personalized job access project may not be less than 20,34 €5.
Article 18
§ 1st - The amount of the allowance served to allocatories aged 50 years and older who may claim an old-age benefit, or to another surrogate replacement income, including those acquired abroad, is equal to the difference between the amount of the return-to-employment aid allowance and an amount calculated on the basis of a percentage between 25% and 75% of the old-age or old-aged benefit.
The terms and conditions of reduction are set by an application agreement.
However, the amount paid may not be less than the amount of the allowance referred to in last paragraph, within the limits set out in sections 15 to 17.
§ 2 - The amount of the allowance paid to allocatories benefiting from a 2nd or 3rd category disability pension, as defined in section L. 341-4 of the Social Security Code or in the sense of any other provision provided by the special or autonomous social security plans, or a disability pension acquired abroad, shall be accumulated with the disability pension of 2nd or 3rd class under the conditions provided by theArticle R. 341-17 of the Social Security Code, as long as the income from the professional activity taken into account for the opening of the rights has been accumulated with the pension.
If not, the allowance for allocatories receiving such a pension is equal to the difference between the amount of the unemployment benefit and that of the disability pension.
Article 19
A 3% attendance on the reference daily salary as defined in section 13 reduces the daily allowance determined under sections 14 to 18.
This reduction cannot include the amount of the allowances below the amount set out in the last paragraph of Article 14.
The proceeds of this participation are allocated to the financing of the complementary pensions of allocataries of the unemployment insurance plan.
Rule 20
The Board of Directors or the Bureau of the Unédic shall, once a year, carry out the revalorization of 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 Board of Directors or the Bureau shall also revalue all allowances, or portions of allowances in a fixed amount.
These decisions of the Board of Directors or Bureau take effect on 1 July of each year.
Article 21
§ 1st - The care is deferred to the expiry of a deferred compensation for the number of days resulting from the quotient of the amount of the compensatory leave allowance paid by the last employer by the reference daily salary referred to in section 13.
If all or part of the compensation for paid leave is paid after the end of the employment contract that has opened rights, the individual and the employer are obligated to make the declaration. Allowances which, therefore, should not have been collected by the interested party must be refunded.
When the employer reports to the employerArticle L. 3141-30 of the Labour Code, the allowance is deferred upon the expiry of a deferred amount of compensation determined from the number of days corresponding to the paid leave acquired under the last employment.
§ 2 - The deferral referred to in § 1 shall be increased by a specific deferral in the event of a deferral following termination of employment contract, resulting from another reason than that set out inArticle L. 1233-3 of the Labour Code, having given rise to the payment of compensation or any other amount inherent in this breach, regardless of its nature, provided that the amount or terms of calculation are not directly derived from the application of a legislative provision.
(a) This specific deferral corresponds to a number of days equal to the total number obtained by dividing the total amount of the amounts referred to in paragraph 2 (1), possibly reduced by the amount directly resulting from the application of a legislative provision, by 90.
This specific delay is limited to 180 days.
(b) In case of termination of employment contract resulting from one of the causes set out inArticle L. 1233-3 of the Labour Code, the specific deferral corresponds to a number of days equal to the entire number obtained by dividing the total amount of the amounts referred to in paragraph 2 (1), possibly reduced by the amount directly resulting from the application of a legislative provision, by 90.
This specific delay is limited to 75 days.
(c) If all or part of these amounts are paid after the end of the employment contract that has opened rights, the beneficiary and the employer are obliged to make the declaration. Allowances which, therefore, should not have been collected by the interested party, must be refunded.
§ 3 - For the calculation of the deferred compensation referred to in section 21 § 1 and § 2 shall be taken into account all the purposes of employment contract located within 182 days prior to the last termination of employment contract.
The allowances paid for each of these work contract purposes are the result of the calculation of deferred compensation that begin to run the day after each of these work contract purposes.
The applicable delay is the one that expires later.
Article 22
The support is delayed after a 7-day waiting period.
The waiting period does not apply in the event of a care provider within 12 months of application.
Article 23
Deferred compensation determined under section 21 shall be effective the day after the termination of the employment contract.
The waiting period referred to in section 22 shall be effective from the end of the term or deferred (s) of the allowance referred to in section 21, if the conditions for the allocation of the allowances set out in sections 3 and 4 are met on that date. If not, the waiting period is short from the day the conditions of sections 3 and 4 are met.
Article 24
Benefits are paid monthly to term expired for every working day or not.
This payment is based on the events declared each month by the allocator.
In accordance with sections 30 to 33, an allocator who has declared a period of employment may be entitled to the accumulated remuneration and allowances, subject to the justification of the remuneration received.
Private employees may request advances on benefits and advances under the conditions provided by an application agreement.
Rule 25
§ 1st - The return to employment help allowance is not due when the allocator:
(a) an employee or non-employed professional activity in France or abroad, subject to the application of the provisions of Articles 30 to 33;
(b) receives assistance under section 36;
(c) is taken or is likely to be covered by social security for cash benefits;
(d) is allowed for the benefit of the free choice of activity of the child's reception service;
(e) is eligible for the day-to-day parental allowance referred to in theArticle L. 544-1 of the Social Security Code ;
(f) entered into a civic service contract in accordance with provisions of Article L. 120-11 of the National Service Code.
§ 2 - The return to employment help allowance is no longer due when the allocator ceases:
(a) to fulfil the requirement under Article 4(c) or 4(e);
(b) reside in the territory under the scope of the unemployment insurance scheme referred to in Article 5, paragraph 1, of the agreement.
§ 3 - The allowance paid under the conditions set out in section 6 is not payable when the allotted party is reintegrated into its business or at the end of the voluntary mobility period when it refuses its reintegration.
§ 4 - Payment of the return-to-employment aid allowance ceases on the date that:
(a) an inaccurate statement or a false statement having the effect of causing the payment of all undue allowances is detected;
(b) Allocatary shall be excluded from substitute income by the prefect under the conditions provided for in the articles R. 5426-3, R. 5426-6 to R. 5426-10 Work code.
Rule 26
§ 1st - The private employee of employment who has ceased to benefit from the service of the allowances, while the previously open compensation period was not exhausted, may benefit from a resumption of his or her rights, i.e. the relic of this period of compensation, after the application, if any, of section 10 provided that:
(a) the time elapsed since the date of admission to the period of compensation considered is not greater than the duration of that period increased by 3 years of date;
(b) he has not voluntarily renounced the last employee work activity, if any, carried out or another employee work activity under the conditions laid down in Article 4(e), unless provided by an application agreement. However, this condition is not enforceable:
- private employment workers who can receive the relic of a period of compensation giving them the right to the service of the allowances until the age at which they are entitled to the full-rate pension and at the latest until the age at which they are expected 2° of Article L. 5421-4 of the Labour Code ;
- private employees who do not justify 91 days or 455 hours of work.
§ 2 - After a termination of compensation for 3 consecutive months, the recovery of the payment can only be effected after the filing of an application in accordance with Article 40 § 2.
Rule 27
§ 1st - Persons who have unduly received any allowances or aids provided for in these Regulations shall reimburse them, without prejudice to the criminal sanctions resulting from the application of the legislation in force for those of them knowingly having made inaccurate declarations or submitted false certificates in order to obtain the benefit of such allowances or aids.
§ 2 - As soon as he finds out, the undue is notified to the allocator by mail. This notification includes, for each undue payment, the reason, nature and amount of the claimed amounts, the date of undue payment, and remedies.
As a result of this notification, a portion of the allowances to be paid shall be deducted, without the deduction to exceed the securable portion of the allowances.
A dispute over the existence, reason or amount of the undue payment may be filed by the allotted party within 30 days of the notification. This appeal is not suspensive.
§ 3 - The request for a remission of debt, such as a phased repayment, is reviewed under the conditions provided by an application agreement.
§ 4 - The recurring action of unduly paid amounts is prescribed, except in cases of fraud or misrepresentation, by 3 years and, in case of fraud or misrepresentation, by 10 years from the day of the payment of these amounts. The prescription of the action extinguishes the debt.
Rule 28
§ 1 - Upon the date of exhaustion of the rights, the charge shall be conditional on the condition that the employee justifies a period of affiliation with the unemployment insurance plan as defined in Article 3, of at least 150 hours of work for one or more activities carried out prior to the date of termination of the rights.
The end of the work contract taken into consideration for the charging of rights is in principle the last one before the exhaustion of rights.
However, if, under this end of the employment contract, the conditions referred to in Article 3 are not met, the employee may be entitled to a charge of the rights if he is able to justify that the required conditions were met under an earlier termination of the employment contract, provided that the latter occurred after that which allowed the opening of the initial duties.
Consideration shall be given to all periods of affiliation within the 28-month period preceding the termination and subsequent to the end of the contract of work taken into account for the opening of the initial rights.
The 28-month period is extended to 36 months for employees aged 50 and over at the end of the employment contract (term of notice) under consideration.
Only activities that have been declared each month in the end expired under the conditions defined by an application agreement are considered.
§ 2 - Subject to the minimum condition of affiliation, the right paid under the charge of rights shall be determined under the conditions and terms set out in Title I.
Rule 29
In the absence of the justification for the condition of affiliation referred to in Article 28 at the end date of the rights, a new opening of rights may be pronounced when the conditions set out in Title I are met later.
Rule 30
A private employment employee who meets the conditions set out in Part I may accumulate remuneration from one or more professional (s) activity (s) or non-employed and the return to employment benefit.
The activities taken into account are those carried out in France or abroad, declared during the monthly update and justified under the conditions defined by an application agreement.
The cumulative return-to-employment aid allowance with remuneration provided by a non-earmarked professional activity is determined in terms defined by an application agreement.
Rule 31
Remunerations from reduced or occasional resumed work activity are cumulative, for a given calendar month, with a portion of the daily allowances during the same month, within the limits of the gross salary previously collected by the allotted party, as described below.
The number of compensable days during the month is determined as follows:
- 70% of the gross remuneration for activities carried out during a calendar month is exempt from the total amount of the daily allowances that would have been paid for the month in the absence of a resumption of employment;
- the result obtained is divided by the amount of the daily allowance determined in articles 14 to 18;
- the quotient thus obtained, rounded to the upper integer, corresponds to the number of compensable days of the month;
- the cumulative amount of allowances and remuneration cannot exceed the monthly amount of the reference salary.
Rule 32
Cumulative allowances and remuneration for a given month shall be determined on the basis of the declarations of activities made in accordance with Article 30(2) and the proof of remuneration produced prior to the payment of the allowance.
When the allotted party is unable to provide proof of payment of its remuneration before the payment of the allowances is due, and in order not to deprive it of income, a preliminary calculation of an amount payable in advance under the conditions prescribed by an application agreement is made. The monthly statement of status sent to the individual contractor indicates the provisional nature of the payment and the terms of its regularization.
At the end of the month following the exercise of professional activity:
- if the allotted party has provided the supporting documents or in the event of additional or corrigendum declarations, the final calculation of the amount due shall be based on such supporting documents or statements, and the final payment shall be made, deducted from the advance;
- if the allotted party has not provided the supporting documentation, the full recovery of the advances on the payment of the month in question and, if applicable, on the subsequent payment(s).
If there is no recovery of any advances in the calendar month following their payment, no new interim payment may be made.
In any case, the subsequent provision of supporting documentation leads to the regularization of the situation of the individual.
The nominative social declaration provided for in the articles L. 133-5-3, R. 133-13 and R. 133-14 the Social Security Code and the Statement of Mission ContractsArticle L. 1251-46 of the Labour Code In particular, it is possible to verify the consistency and completeness of the information elements transmitted by the individual.
Rule 33
The employee who carries out several activities may, in the event of a loss of one or more of them under the conditions of Title I, fully accumulate the wages of the employee (s) or not from the activities retained with the return to employment allowance calculated on the basis of the wages of the lost activity, in accordance with Articles 14 to 16 and in the conditions provided for in Articles 30 and 32.
The activity is considered to be retained as a result of an effective accumulated income before the loss of one or more of the activities carried out. If not, the rules of articles 30 to 32 shall apply.
Rule 34
In the event of an involuntary loss of an activity held in compensation, subject to justification for the conditions set out in Part I and by derogation from sections 28 and 29, a new right to return-to-employment assistance is determined by adding:
- the total amount of the balance of rights resulting from the previous admission;
- the total amount of rights arising from the lost retained activity that would have been opened in the absence of the opening of previous rights.
The amount of the daily allowance corresponds to the sum of the amounts of the daily allowance of the previous admission and the daily allowance that would have been served in the absence of reliquat, within the limits of sections 14 to 16.
The period of compensation is equal to the quotient of the new total amount of rights by the gross amount of the daily allowance, rounded to the upper integer, within the limits set out in Article 9.
Rule 35
Assistance is awarded to the 50-year-old and over-employed individual, or paid for more than 12 months, who resumes an employee job:
- in a company other than that in which he exercised his previous job;
- which does not benefit from the measures provided for in articles 30 to 33;
- and whose remuneration is, for the same period of work, less than 15% to 30 times the reference daily salary used to calculate the return-to-employment aid allowance.
The monthly amount of the reclassification differential aid is equal to the difference between 30 times the reference daily salary that was used to calculate the return-to-employment aid allowance and the monthly gross wage of the employee employment resumed.
This help, intended to compensate for the decrease in pay, is paid monthly to term expired for a period that cannot exceed the maximum duration of the rights and within the limit of a total amount capped to 50% of the residual rights to the return to employment benefit.
The payment periods of this assistance reduce the proportion of the remaining rights to the day of employment.
This assistance is incompatible with the assistance provided in section 36.
The terms and conditions of application of this Article shall be determined by an application agreement.
Rule 36
Support for the resumption or creation of a company is attributed to the individual who justifies obtaining assistance for creative unemployed or corporate reprenators (CRE) referred to in the articles L. 5141-1, L. 5141-2 and L. 5141-5 Work code.
This assistance may not be used simultaneously to accumulate a return-to-employment assistance allowance with compensation referred to in sections 30 to 33.
The amount of assistance is equal to half of the amount of the remaining rights:
- either on the day of creation or business recovery,
- either, if this date is later, on the date of obtaining the CABRE.
Aid gives rise to two equal payments:
- the first payment is made on the date on which the person concerned collects all the terms and conditions for granting the aid;
- the second payment takes place 6 months after the date of creation or resumption of business, provided that the person concerned always exercises the activity under which the assistance was granted.
The duration of the amount of assistance paid is charged to the balance of the remaining rights on the day of recovery or business creation.
This help can only be attributed once by opening rights. It is incompatible with the assistance provided for in section 35.
An application agreement sets out the terms and conditions for the application of this section.
Rule 37
In the event of death of an allocator in the course of compensation or in the course of a period of deferred compensation or waiting period, the spouse shall be paid an amount equal to 120 times the daily amount of the allowance to which the deceased was or would have benefited.
This sum is increased by 45 times the amount of the daily allowance for each dependent child within the meaning of social security legislation.
Rule 38
An employee who has benefited from the unemployment insurance allowance or the specific solidarity allowance during the period of reference for leave with pay or during the period immediately following him, and whose firm for leave with pay, may obtain leave without pay.
The amount of assistance is determined taking into account the number of days of business closure, the entitlements to leave with pay, if any, acquired under current employment.
Rule 39
An allocatary whose rights come to an end under unemployment insurance, and who does not receive an allowance from the solidarity plan for a reason other than the condition of resources, may, at his request, receive a lump sum assistance.
The amount of assistance is equal to 27 times the fixed portion of the allowance referred to in 14 dash 2.
Rule 40
§ 1st - Initial application for allowances
The payment of the allowances is due to the signature of an application for allowances, the model of which is established by the Unédic.
The application for allowances is completed and signed by the private employee of employment. In order for the application to be admissible, the private employee of employment must submit his or her health insurance card ( Vital Card) or, failing that, a certificate of subjugation to one of the social security schemes managed by the Caisse des Français de l' étrangers.
The nominative information contained in the application for allowances is recorded in a national directory of allocataires, with the aim of searching for cases of multiple claims for allowances by the same person for the same period of unemployment.
§ 2 - The request for repayment of allocations
After a termination of the payment of the allowances for 3 consecutive months, a request for repayment of the allowances must be made by the private employee of employment on the basis of a form whose model is established by the Unédic, with a view to obtaining payment of the relic of his rights.
Instruction of the application for repayment of the allowances is made under the conditions provided by an application agreement.
§ 3 - The rights charging device
In order to ensure the continuity of the allocation service, a mail with the data available and useful for the determination of the reloading of rights is sent to the job applicant, at least 30 days before the expected end of his rights. These data are supplemented by the interested party if applicable within one month of their transmission.
If the person concerned fails to respond to the date of exhaustion of the rights, the charge shall be carried out, in accordance with Article 28, on the basis of the information available. In particular, these should be used to assess whether the minimum and involuntary unemployment conditions are verified.
§ 4 - The application for review of the law in the event of loss of one or more professional activities having been carried out concurrently in the course of compensation
In the event of an involuntary loss of an activity held in compensation, allocatories may request a review of their right. The request for a review, dated and signed, is accompanied by all information allowing the determination of a new right to return to employment assistance.
Rule 41
§ 1 - The determination of the rights to the benefits of the private employee of employment is made on the basis of information transmitted by employers in the forms whose models are established by the Unédic in accordance with theArticle R. 1234-9 of the Labour Code or by the nominal social declaration provided by theArticle L. 133-5-3 of the Social Security Code, the terms of which are specified in sections R. 133-13 and R. 133-14 of the same code, or if any, by the statement of mission contracts provided for inArticle L. 1251-46 of the Labour Code.
§ 2 - The instruction of claims and the examination leading to the determination of the rights of private employees of employment are carried out under the conditions provided by an application agreement.
Rule 42
Application for Differential Reclassification Assistance
The request for a differential reclassification assistance is given to the individual on his request. The form, in accordance with a model established by the Unédic, is completed, dated and signed by the individual.
Rule 43
Request for support for business recovery and creation
The request for assistance in the recovery and creation of a company is handed over to the individual contractor upon request. The form, in accordance with a model established by the Unédic, is completed, dated and signed by the individual.
Rule 44
Requests for other interventions
Requests for assistance under sections 37 to 39 are submitted on the basis of a form established by the Unédic.
Rule 45
§ 1st - The notice of admission to the private employee of employment includes information relating to the date of the first day indemnified, the duration of the open right, the amount of the reference wage and the daily amount of the allowance, specifying the replacement rate to which the allowance corresponds, as a percentage of the gross amount of the reference wage.
This notification also informs it of the interest of a resumption of professional activity as well as the consequences of the loss of an activity held in compensation.
§ 2 - Each month, the Allator shall be informed of the amount and the date of payment of its allowances and, in the event of a professional activity in the course of compensation, of the number of days of compensation remaining.
Rule 46
§ 1st - The limitation period of the application for payment of the allowances is 2 years from the date of registration as an applicant for employment.
§ 2 - The limitation period of the claim for payment of claims referred to in sections 35 to 39 is 2 years after the fact that the claim is generated.
Rule 47
The action in payment of the allowances or other receivables referred to in section 46, which must be obligatoryly preceded by the filing of the application referred to in that section, is prescribed by 2 years from the date of notification of the decision.
Rule 48
Regional joint bodies shall be competent to review the categories of cases set out in these Regulations and the application agreements on referrals.
Rule 49
§ 1st - Employers included in the scope set by theArticle L. 5422-13 of the Labour Code are required to join the unemployment insurance scheme.
This affiliation is made with the competent recovery agency referred to in theArticle L. 5427-1 of the Labour Code in accordance with the terms and conditions set out in article R. 5422-5 of the same code.
Affiliation takes effect and contributions are due to the date on which the employer is subject to the unemployment insurance plan, i.e. from the hiring of each employee.
The declaration transmitted through the formalities centers of the companies is of affiliate value.
§ 2 - In addition, employers targeted to theArticle L. 5424-1 of the Labour Code, temporarily occupying employees in the professions of film production, audiovisual or show, where the activity is included in the scope of the adjustments made by the unemployment insurance scheme under the conditions of compensation,Article L. 5424-20 of the Labour Code, are required to report these activities to the unemployment insurance plan and to submit to contributions the remuneration paid in that capacity.
§ 3 - By derogation from the provisions referred to in § 1st, employers registered by a union for the recovery of social security and family allowance contributions as employers of domestic workers are exempted from the formalities of affiliation to the unemployment insurance scheme.
Rule 50
The unemployment insurance scheme is financed, on the one hand, by general contributions based on gross remuneration within the limit of one ceiling, on the other, by special contributions.
Rule 51
The contributions of employers and employees are based on the capped gross remuneration, i.e., except in particular cases defined by an annex, on all remuneration, converted, if any, to euros on the basis of the official exchange rate at the time of their perception, entering the social security premiums set out in the social security premiums Articles L. 242-1 et seq. of the Social Security Code.
However, the remuneration is excluded from the contribution base, which exceeds 4 times the ceiling of the old-age social security insurance plan covered by theArticle L. 241-3 of the Social Security Code.
Rule 52
§ 1st - The rate of contributions is set at 6.40 per cent and is allocated to employers at 4% and to employees at 2.40 per cent.
§ 2 - For fixed-term contracts, the share of the employer's expense contribution is as follows:
- 7% for contracts of less than or equal to 1 month;
- 5.5% for contracts longer than 1 month and less than or equal to 3 months;
- 4.5% for contracts covered byArticle L. 1242-2 3° of the Labour Code, except for seasonal jobs, of a duration of less than or equal to 3 months.
For the application of the above-mentioned rates, only the period initially provided for in the contract, excluding renewal, or otherwise the minimum duration, is taken into account. The duration of the contract is estimated from date to date.
The employer's share of the contribution remains set at 4%:
- provided that the employee is hired by the employer in an indefinite contract at the end of the fixed-term contract;
- for all temporary work contracts Articles L. 1251-1 et seq. of the Labour Code and fixed-term contracts 1°, 4° and 5° of Article L. 1242-2 of the Labour Code ;
- for work contracts with domestic workers Articles L. 7221-1 et seq. of the Labour Code.
§ 3 - An exemption from the employer's share of contributions is granted to the employer in the event of an indefinite contract of a young person under 26 years of age, as long as the contract continues beyond the trial period. The age condition is assessed on the effective date of the employment contract.
The employer is exempt from the payment on the part of the contribution to its charge for 3 months in the companies of 50 employees and more. This exemption is extended to 4 months in companies with less than 50 employees.
This exemption applies, at the employer's request, on the 1st day of the calendar month following the confirmation of the trial period, as long as the employee's presence in the company's workforce is found on that date.
Rule 53
The terms and conditions of assessment are those set out in the articles R. 5422-7 and R. 5422-8 Work code.
However, employers whose quarterly payment would usually be less than the amount fixed by decree in the Council of State are allowed to pay only once a year the contributions related to the previous calendar year.
Rule 54
Employers are required to report compensation for the calculation of contributions to both employers and employees in accordance with theArticle R. 5422-6 of the Labour Code.
Rule 55
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, in accordance with provisions of Article L. 130-1 of the Social Security Code.
The employer who opted for simplified recovery, regulates the contributions, quarterly, in the form of an advance payment.
Rule 56
Any action against an employer who is missing from the obligations under the provisions governing the unemployment insurance plan is obligatoryly preceded by a stay under the conditions set out in theArticle R. 5422-9 of the Labour Code.
Rule 57
Requests for postponement and penalty increases and requests for payment deadlines are reviewed by the competent authority within the recovery agency referred to in theArticle L. 5427-1 of the Labour Code.
Rule 58
§ 1st - A specific contribution is due to the employer's unemployment insurance scheme, which proceeds to dismissal on an economic basis of an employee without proposing the benefit of a personalized reclassification agreement under articles L. 1233-65 and L. 1235-16, pursuant to theArticle 74 of Act No. 2005-32 of 18 January 2005.
§ 2 - In application of theArticle L. 1233-66 of the Labour Code, a contribution is due to the employer's unemployment insurance scheme which proceeds to the termination for economic reasons of an employee without proposing to him the benefit of a professional security contract, when the employee refuses the contract of professional security on the proposal of the institution referred to in theArticle L. 5312-1 of the Labour Code.
§ 3 - The specific contribution referred to in § 1 and § 2 of this article shall be calculated according to the average daily wage referred to in Article 13 which was used to calculate the allowances.
It corresponds to 60 times the reference daily salary used to calculate the allowances.
Rule 60
If the employer did not become a member within the time limits set out in section 49 § 1 or if the employer did not pay the contributions to which it is liable on the due date, the refund of the benefits paid to its former employees between the deadline for affiliation or the due date, and the date on which the employer went completely in accordance with the obligations arising from this title, may be claimed.
This penalty is applicable without prejudice to delay increases and penalties under theArticle L. 5422-16 of the Labour Code, as well as prosecutions that may be initiated in the event of retention of the pay share of contributions.
Rule 61
The agency responsible for the payment of unemployment benefits, on behalf of the Unédic, to the dismissed employee, is entitled to obtain from his former employer the reimbursement of such benefits, under the conditions and limits provided for in theArticle L. 1235-4 of the Labour Code, where the court of law, ruling under this article, found the dismissal without real and serious cause, or pronounced the nullity of the termination, without ordering the continuation of the contract of employment.
Rule 62
Unemployment insurance accounts are maintained by the Unédic as part of the accounting plan approved by the public authorities.
The annual accounting year extends from January 1 to December 31, and is subject to an intermediate account order as at June 30.
Rule 63
The periods of affiliation under this General Regulation and those of the Inter-Professional National Agreement of October 26, 2012 relating to the compensation of unemployment in Mayotte are totaled for the search for the condition of affiliation required for the allocation of the return to employment aid allowance.
For the determination of the amount of the allowance, are taken into account the remuneration submitted for contribution and corresponding to these periods of affiliation.
Rule 64
§ 1st - The rights opened under these general regulations are transferable if the beneficiary is registered on the list of job seekers in Mayotte.
In this case, the allowance is calculated and served in accordance with the Inter-Professional National Agreement of 26 October 2012 on the compensation of unemployment in Mayotte, within the limits of the relic of rights.
§ 2 - The rights opened under the Mayotte Unemployment Insurance Plan are transferable if the beneficiary is registered on the list of job seekers in one of the territories within the scope of the May 14, 2014 Unemployment Compensation Agreement.
In this case, the amount of the allowance shall be determined in accordance with the provisions of this General Regulation on the basis of a reference daily salary established in accordance with the provisions of Article 13 of the Inter-Professional National Agreement of 26 October 2012 on compensation for unemployment in Mayotte. The resulting allowance is served within the limit of the rights reliquat.
Annex I
to the General Regulation annexed to the Convention of 14 May 2014 on the Compensation of Unemployment
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 annexed general regulations.
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 assimilated to this category workers deprived of employment to whom rights are opened for functions which were actually performed under the conditions set out in the above-mentioned articles and which gave rise to remuneration essentially constituted by commissions;
- journalists and assimilated 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. 6521-1 and following of the Transport Code;
- maternal assistants and family assistants articles L. 423-1 et seq. of the Code of Social Action and Familiesemployed by legal persons of private law;
- loggers;
- approachers - auditors - negotiators - chiefs of service and more generally paid agents to the commission, referred to in the national collective agreement of real estate, administrators of property, real estate companies, real estate agents, etc. of 9 September 1988, extended by decree of 24 February 1989, updated by an avender no. 47 of 23 November 2010.
For its application to employees defined above, the general regulation annexed to the Convention of 14 May 2014 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), subject to the provisions of Article 28.
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), subject to the provisions of Article 28.
The periods of suspension of the contract of work are retained for a day of affiliation per day of suspension.
However, the periods of suspension of the employment contract resulting in the exercise of a professional activity excluded from the scope of the unemployment insurance plan, except those exercised under the articles, are not taken into account. L. 3142-78 to L. 3142-80 and L. 3142-91 the Labour Code and the periods of suspension of the employment contract provided for in Article 6 giving rise to the payment of the allowance provided for in Article 1.
The training activities referred to in the third and fourth books 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 the limit of 2/3 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.
Article 4
Section 4 (e) is amended to read:
(e) have not 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 9
Article 9 § 2 is deleted.
Article 11
Section 11 is amended to read:
§ 1st - The reference wage taken into account in setting the amount of the proportional portion of the daily allowance shall be established, subject to section 12, on the basis of the remuneration in the amount of the contributions actually received in the 12 calendar months preceding the end of the employment contract in the event of notice made, or before the 1st day of the period of notice not made, as soon as they have not previously been used.
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 (6).
§ 2 - The reference wage so determined cannot exceed the sum of the monthly wages capped in accordance with section 51 and included in the reference period.
Article 12
Paragraphs 1 and 2 of Article 12 are amended to read:
§ 1 - Only the remuneration received during the reference period shall be taken into account in the reference wage, regardless of whether or not it is related to that period.
§ 2 - Excludes: compensation for paid leave, notice or non-concurrence allowances, customer allowances, subsidies and disbursements that are granted by the employer in the course of a settlement to the property of the dwelling, 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.
Article 13
Section 13 is amended to read:
The average daily reference wage is equal to the quotient of the reference salary defined under articles 11 and 12 by a divider corresponding to the number of days of membership in the plan under this annex within 365 days.
The days of belonging correspond to the number of days during which the worker belonged to one or more companies. However, the days that have not given rise to normal remuneration within the meaning of §3 of Article 12 are deducted from the number of days of belonging.
Article 15
Article 15 is deleted.
Rule 26
§ 1 of Article 26 is amended as follows:
§ 1 - The private employee of employment who has ceased to benefit from the service of the allowances, while the previously open compensation period was not exhausted, may benefit from a resumption of his or her rights, i.e. the relic of this period of compensation, after the application, if any, of section 10 provided that:
(a) the time elapsed since the date of admission to the period of compensation considered is not greater than the duration of that period increased by 3 years of date;
(b) he has not voluntarily renounced the last employee work activity, if any, carried out or another employee work activity under the conditions laid down in Article 4(e), unless provided by an application agreement. However, this condition is not enforceable:
- private employment workers who can receive the relic of a period of compensation giving them the right to the service of the allowances until the age at which they are entitled to the full-rate pension, and at the latest until the age at which they are entitled to the pension 2° of Article L. 5421-4 of the Labour Code ;
- private employees who do not justify 91 days of work.
Rule 28
Paragraph 1 of § 1 of Article 28 is amended as follows:
Upon the date of exhaustion of the rights, the charge shall be subject to the condition that the employee justifies a period of affiliation with the unemployment insurance scheme as defined in Article 3, of at least 30 days of work under one or more activities carried out prior to the date of termination of the rights.
Rule 51
A third paragraph is added to section 51:
For the calculation of contributions due to the employment of multi-cart VRP employees, are excluded from the contribution count, the remuneration exceeding, employer-by-employee, 4 times the ceiling of the old-age insurance plan for social security covered by theArticle L. 241-3 of the Social Security Code.
ANNEX II
to the General Regulation annexed to the Convention of 14 May 2014 on the Compensation of Unemployment
Naval navigators, marine fishers
The provisions of this annex shall apply to merchant navigators:
- shipping companies,
- marine construction companies,
- other companies having, to carry out such transport or work, a private fleet, under the conditions defined in Chapter 1.
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.:
- 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 vessel of 50 barrels or more, regardless of length, if the certificate of raw gauge 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 14 May 2014 on compensation for unemployment is amended as follows.
Article 1
Section 1 is amended to read:
Air travel personnel, whose contract of maritime engagement (7) has ended, are entitled to the return-to-employment assistance allowance, if they meet, among one or more shipowners entering the field of application of the unemployment insurance plan, conditions of activity known as periods of affiliation, as well as conditions of age, physical fitness, unemployment, registration as job applicant.
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 plan.
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, subject to the provisions of Article 28.
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, subject to the provisions of Article 28.
The number of hours taken into account for the required affiliation period is sought within the limits provided by theArticle L. 3121-35 of the Labour Code.
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.
However, the periods of suspension of the maritime undertaking contract resulting in the exercise of a professional activity excluded from the scope of the unemployment insurance plan are not taken into account, with the exception of those exercised under the articles L. 3142-78 to L. 3142-80 and L. 3142-91 the Labour Code, and the periods of suspension of the employment contract provided for in Article 6 giving rise to the payment of the allowance provided for in Article 1.
The training activities referred to in the third and fourth books 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 2/3 of the number of hours or days of administrative boarding of 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.
Article 4
Section 4 (e) is amended to read:
(e) have not interrupted voluntarily, except as provided by an application agreement, the last contract of maritime undertaking or an earlier contract of maritime undertaking, provided that since the voluntary departure, it cannot be justified from the completion of at least 91 days of administrative boarding or at least 630 hours of work.
Article 9
Paragraph 1 (3) of Article 9 is amended to read:
However, under a charge of rights under section 28, the minimum period of compensation is 22 days.
Article 21
Section 21 is amended to read:
§ 1st - 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 period referred to in § 1 shall be increased by a specific deferral in the event of a care after a termination of the contract of maritime undertaking, resulting from another reason than that set out inArticle L. 1233-3 of the Labour Code, having given rise to the payment of compensation or any other amount inherent in this breach, regardless of its nature, provided that the amount or terms of calculation are not directly derived from the application of a legislative provision.
This specific deferral corresponds to a number of days equal to the total number obtained by dividing the total amount of the amounts referred to in paragraph 2 (1), possibly reduced by the amount directly resulting from the application of a legislative provision, by 90.
This specific delay is limited to 180 days.
In the event of a breach of the maritime contract resulting from one of the causes set out in theArticle L. 1233-3 of the Labour Code, the specific deferral corresponds to a number of days equal to the entire number obtained by dividing the total amount of the amounts referred to in paragraph 2 (1), possibly reduced by the amount directly resulting from the application of a legislative provision, by 90.
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 - For the calculation of the deferral of compensation referred to in section 21 § 2, shall be taken into account all purposes of marine contracts within 182 days before the last end of the maritime contract.
The allowances paid for each of these maritime contract purposes are the result of the calculation of deferrals of compensation that begin to run after each of these maritime contract purposes.
The deferral referred to in applicable section 21 § 2 is the one that expires later.
Article 23
The first paragraph of section 23 is amended to read:
The deferral determined pursuant to section 21§2 shall be effective the day after the end of the maritime contract.
Rule 26
§ 1 of Article 26 is amended as follows:
§ 1 - The private employee of employment who has ceased to benefit from the service of the allowances, while the previously open compensation period was not exhausted, may benefit from a resumption of his or her rights, i.e. the relic of this period of compensation, after the application, if any, of section 10 provided that:
(a) the time elapsed since the date of admission to the period of compensation considered is not greater than the duration of that period increased by 3 years of date;
(b) he has not voluntarily renounced the last employee work activity, if any, carried out or another employee work activity under the conditions laid down in Article 4(e), unless provided by an application agreement. However, this condition is not enforceable:
- private employment workers who can receive the relic of a period of compensation giving them the right to the service of the allowances until the age at which they are entitled to the full-rate pension and at the latest until the age at which they are expected 2° of Article L. 5421-4 of the Labour Code ;
- private employees who do not justify 91 days of administrative boarding or 630 hours of work.
Rule 28
Section 28(1) is amended as follows:
§ 1 - Upon the date of exhaustion of the rights, the charge shall be conditional on the condition that the employee justifies a period of affiliation with the unemployment insurance plan as defined in Article 3, of at least 150 hours of work for one or more activities carried out prior to the date of termination of the rights.
The end of the maritime contract taken into consideration for the charging of rights is in principle the last one that precedes the exhaustion of rights.
However, if the terms referred to in Article 3 are not met for this purpose of the maritime contract, the employee may be entitled to a charge if he or she is in a position to justify that the requirements were met for an end to the previous maritime contract, provided that the latter occurred after that which allowed the opening of the original rights.
Consideration shall be given to all periods of affiliation within the 28-month period preceding the termination and subsequent to the end of the maritime contract taken into account for the opening of the initial rights.
The 28-month period is extended to 36 months for employees aged 50 years and older at the end of the maritime contract.
Only activities that have been declared each month in the end expired under the conditions defined by an application agreement are considered.
Rule 51
Paragraph 1 of section 51 is amended to read:
Contributions by employers and air travellers are based on capped gross remuneration, converted if applicable to euros on the basis of the official exchange rate at the time of their perception, entering the social security contribution count within the meaning of theArticle L. 242-1 of the Social Security Code.
Article 1
Section 1 is amended to read:
Fishermen, whose contract of maritime engagement (8) has ended, are entitled to the return-to-employment assistance allowance, if they justify, under administrative boarding days (9), 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 marine 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 on the date of the termination 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, subject to the provisions of Article 28.
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 during the 36 months preceding the end of the maritime contract, subject to the provisions of Article 28.
Periods of suspension of the contract of maritime engagement are retained for a day of affiliation per day of suspension.
However, the periods of suspension of the employment contract resulting in the exercise of a professional activity excluded from the scope of the unemployment insurance plan, except those exercised under the articles, are not taken into account. L. 3142-78 to L. 3142-80 and L. 3142-91 the Labour Code, and the periods of suspension of the employment contract provided for in Article 6 giving rise to the payment of the allowance provided for in Article 1.
The training activities referred to in the third and fourth books of the sixth part of the Labour Code, with the exception of those paid by the unemployment insurance scheme, are assimilated to administrative boarding days at a rate of 5 hours of training for one day, within the limit of 2/3 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.
Article 4
Section 4 is amended to read:
(e) have not interrupted voluntarily, unless provided for by an application agreement, the last maritime contract or an earlier maritime contract, provided that since the voluntary departure there is no justification for the completion of at least 91 days of administrative boarding.
Article 9
Article 9 is deleted.
Article 11
Section 11 is amended to read:
The amount of the proportional portion of the daily allowance shall be determined from the daily lump-sum salary used as the basis for the 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 12
Paragraphs 1 to 3 of Article 12 are deleted.
Article 13
Article 13 is deleted.
Article 15
Article 15 is deleted.
Article 16
Section 16 is amended to read:
The daily allowances determined under section 14 of this chapter are limited to 75% of the lump-sum daily wage referred to in section 11 of this chapter.
Article 21
Section 21 is amended to read:
§ 1st - 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 period referred to in § 1 shall be increased by a specific deferral in the event of a care after a termination of the contract of maritime undertaking, resulting from another reason than that set out inArticle L. 1233-3 of the Labour Code, having given rise to the payment of compensation or any other amount inherent in this breach, regardless of its nature, provided that the amount or terms of calculation are not directly derived from the application of a legislative provision.
(a) This specific deferral corresponds to a number of days equal to the total number obtained by dividing the total amount of the amounts referred to in paragraph 2 (1), possibly reduced by the amount directly resulting from the application of a legislative provision, by 90.
This specific delay is limited to 180 days.
(b) In the event of a breach of a maritime contract resulting from one of the causes set out in theArticle L. 1233-3 of the Labour Code, the specific deferral corresponds to a number of days equal to the entire number obtained by dividing the total amount of the amounts referred to in paragraph 2 (1), possibly reduced by the amount directly resulting from the application of a legislative provision, by 90.
This specific delay is limited to 75 days.
(c) 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 required to make the declaration. Allowances which, therefore, should not have been collected by the interested party, must be refunded.
§ 3 - For the calculation of deferred compensation referred to in section 21 § 2, all the purposes of a maritime contract located within 182 days before the last end of a maritime contract are taken into account.
The allowances paid for each of these maritime contract purposes are the result of the calculation of deferrals of compensation that begin to run after each of these maritime contract purposes.
The applicable delay is the one that expires later.
Article 23
The first paragraph of section 23 is amended to read:
The deferral determined pursuant to section 21 § 2 of this chapter shall be effective the day after the end of the maritime contract.
Rule 26
§ 1 of Article 26 is amended as follows:
§ 1 - The private employee of employment who has ceased to benefit from the service of the allowances, while the previously open compensation period was not exhausted, may benefit from a resumption of his or her rights, i.e. the relic of this period of compensation, after the application, if any, of section 10 provided that:
(a) the time elapsed since the date of admission to the period of compensation considered is not greater than the duration of that period increased by 3 years of date;
(b) he has not voluntarily renounced the last employee work activity, if any, carried out or another employee work activity under the conditions laid down in Article 4(e), unless provided by an application agreement. However, this condition is not enforceable:
- private employment workers who can receive the relic of a period of compensation giving them the right to the service of the allowances until the age at which they are entitled to the full-rate pension and at the latest until the age at which they are expected 2° of Article L. 5421-4 of the Labour Code ;
- private employees who do not justify 91 days of administrative boarding.
Rule 28
§ 1 of Article 28 § 1 is amended as follows:
§ 1 - Upon the date of exhaustion of the rights, the charge shall be subject to the condition that the employee justifies a period of affiliation with the unemployment insurance plan as defined in Article 3, of at least 30 days of administrative boarding under one or more activities carried out prior to the date of termination of the rights.
The end of the maritime contract taken into consideration for the charging of rights is in principle the last one that precedes the exhaustion of rights.
However, if, under this end of the maritime contract, the conditions referred to in Article 3 are not met, the employee may be entitled to a charge if he or she is able to justify that the conditions required were met for an end to the previous maritime contract, provided that the latter occurred after that which allowed the opening of the original rights.
Consideration shall be given to all periods of affiliation within the 28-month period preceding the termination and subsequent to the end of the maritime contract taken into account for the opening of the initial rights.
The 28-month period is extended to 36 months for employees aged 50 years and older at the end of the maritime contract.
Only activities that have been declared each month in the end expired under the conditions defined by an application agreement are considered.
Rule 51
Paragraph 1 of section 51 is amended to read:
The contributions of employers and fishermen are based on the lump-sum wage used as a basis for the social contributions collected for the benefit of the National Establishment of Marine Invalids and corresponding to the category to which the person belongs, converted, if any, into euros on the basis of the official exchange rate at the time of his or her perception.
ANNEX III
to the General Regulation annexed to the Convention of 14 May 2014 on the Compensation of Unemployment
Dockers
The provisions of this annex shall apply to intermittent professional docker workers referred to in Article L. 5343-4 of the Transport Code.
For its application to employees defined above, the general regulation annexed to the Convention of 14 May 2014 on compensation for unemployment is amended as follows:
Article 3
Section 3 is amended to read:
Private job dockers 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 period of affiliation must be at least 174 vacations in the 28 months preceding the date of the loss of the professional card, subject to the provisions of Article 28.
For employees 50 years of age and older on the date of the termination of the employee's employment, the period of affiliation must be at least 174 vacations in the 36 months preceding the date of the loss of the work card, subject to the provisions of Article 28.
The number of hours taken into account for the required affiliation period is sought within the limits provided by theArticle L. 3121-35 of the Labour Code.
The periods of suspension of the work contract shall be held on two occasions per day of suspension.
However, the periods of suspension of the employment contract resulting in the exercise of a professional activity excluded from the scope of the unemployment insurance plan, except those exercised under the articles, are not taken into account. L. 3142-78 to L. 3142-80 and L. 3142-91 the Labour Code, and the periods of suspension of the employment contract provided for in Article 6 giving rise to the payment of the allowance provided for in Article 1.
The training activities referred to in the third and fourth books 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 the limit of 2/3 of the number of vacations the private employee of employment justifies in the reference period.
Article 4
Section 4 (e) is amended to read:
(e) Have not left voluntarily, unless provided by application agreement, their last professional activity.
Article 9
Article 9 § 2 is deleted.
Article 11
Section 11 is amended to read:
§ 1st- The reference wage taken into consideration to fix the proportional portion of the daily allowance is established, subject to section 12, from the remuneration in the employer's dependant contribution count in the 12 calendar months preceding the card's loss, as long as they have not already been used for a previous calculation.
§ 2 - The reference wage so determined shall not exceed the sum of the monthly wages capped in accordance with section 51 and included in the reference period.
Article 12
Paragraph 1 of Article 12 is amended to read:
§ 1 - Only paid in the reference salary shall be taken into account, the remuneration received during the reference period, whether or not related to that period, 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.
Article 13
Section 13 is amended to read:
The average daily reference wage is equal to the quotient of the reference wage defined under articles 11 and 12 by a divider corresponding to the difference between 365 and the number of days during which, during the 12 months taken into account for the determination of the said salary, the employee:
- 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 this allowance, 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;
- carried out a vocational training course referred to in the third and fourth books of the sixth part of the Labour Code or fulfilled obligations undertaken on the occasion of the national service, pursuant to theArticle L. 111-2, 1 and 2 of the National Service Code ;
- was on strike and as such unpaid, a situation attested by the central office of the manpower of the port.
Article 15
Article 15 is deleted.
Rule 26
§ 1 of Article 26 is amended as follows:
§ 1 - The private employee of employment who has ceased to benefit from the service of the allowances, while the previously open compensation period was not exhausted, may benefit from a resumption of his or her rights, i.e. the relic of this period of compensation, after the application, if any, of section 10 provided that:
(a) the time elapsed since the date of admission to the period of compensation considered is not greater than the duration of that period increased by 3 years of date;
(b) he has not voluntarily renounced the last employee work activity, if any, carried out or another employee work activity under the conditions laid down in Article 4(e), unless provided by an application agreement. However, this condition is not enforceable:
- private employment workers who can receive the relic of a period of compensation giving them the right to the service of the allowances until the age at which they are entitled to the full-rate pension and at the latest until the age at which they are expected 2° of Article L. 5421-4 of the Labour Code ;
- private employees who do not justify 130 vacations.
Rule 28
Section 1 of Article 28 is amended as follows:
Upon the date of exhaustion of the rights, the charge shall be subject to the condition that the employee justifies a period of affiliation with the unemployment insurance scheme as defined in Article 3, of at least 42 vacations in respect of one or more activities carried out prior to the date of termination of the rights.
The loss of the professional card taken into consideration for the charging of rights is in principle the last one that precedes the exhaustion of rights.
However, if, under this loss of professional card, the conditions referred to in Article 3 are not met, the employee may be entitled to a charge of the rights if he is able to justify that the conditions required were met for an earlier loss of professional cards, provided that the latter occurred after that which allowed the opening of the original rights.
Consideration shall be given to all periods of affiliation within the 28-month period preceding the loss and after the loss of the professional card taken into consideration for the opening of the initial rights.
The 28-month period is extended to 36 months for employees aged 50 years and older when the professional card is lost.
Only the activities that have been declared each month in the end expired, under the conditions defined by an application agreement.
Rule 51
Section 51 is amended to read:
Employers' contributions are based on all capped gross remuneration, converted the case to euros on the basis of the official exchange rate at the time of their perception, entering the social security contribution count, in the sense of 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 1/312th annual social security ceiling.
However, the remuneration is excluded from the contribution base, which exceeds 4 times the ceiling of the old-age social security insurance plan covered by theArticle L. 241-3 of the Social Security Code.
Rule 55
The last paragraph of section 55 is deleted.
ANNEX IV
to the General Regulation annexed to the Convention of 14 May 2014 on the Compensation of Unemployment
Interim salary of temporary work enterprises
The provisions of this annex apply to employees who carry out, at any employer's place of business, 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 mission exclusively to the employer.
For its application to employees defined above, the general regulation annexed to the Convention of 14 May 2014 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 expressed in working hours in one or more companies entering the scope of the unemployment insurance plan.
The affiliation period is as follows:
- for employees under 50 years of age on the date of the termination of their employment contract, the period of affiliation shall be at least 610 hours of work in the 28 months preceding the end of the employment contract, subject to the provisions of Article 28;
- for employees aged 50 years and older on the date of termination of employment contract, the period of affiliation must be at least 610 hours in the 36 months preceding the end of the employment contract, subject to the provisions of Article 28.
The number of hours taken into account for the required affiliation period is sought within the limits provided by theArticle L. 3121-35 of the Labour Code.
The periods of suspension of the work contract shall be held at 5 working hours per day of suspension.
However, the periods of suspension of the employment contract resulting in the exercise of a professional activity excluded from the scope of the unemployment insurance plan, except those exercised under the articles, are not taken into account. L. 3142-78 to L. 3142-80 and L. 3142-91 the Labour Code, and the periods of suspension of the employment contract provided for in Article 6 giving rise to the payment of the allowance provided for in Article 1.
The training activities referred to in the third and fourth books 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 2/3 of the number of hours worked which the private employee of employment justifies in the period of reference affiliation.
Article 4
Section 4 (e) is amended to read:
(e) have not voluntarily left, unless provided 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 13
Section 13 is amended to read:
The average daily reference wage is equal to the quotient of the reference wage defined under articles 11 and 12 by a divider corresponding to 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 the third and fourth books of the sixth part of the Labour Code or fulfilled obligations entered into at the national service pursuant to theArticle L. 111-2, 1 and 2 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 entitlements acquired, 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 working hours performed during the period selected for the calculation of the reference wage.
Article 15
Article 15 is deleted.
Article 21
Section 21 is amended to read:
§ 1st - The care shall be deferred to the expiry of a deferred compensation for the number of days resulting from the quotient of the amount of paid leave compensatory allowances paid for all work contract purposes within 182 days prior to the last termination of employment contract by the reference daily salary referred to in section 13. 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 - (a) without change in relation to the annexed general regulation.
§ 2 - (b) This paragraph is deleted.
§ 2 - (c) without change in relation to the annexed general regulation.
§ 3 - This paragraph is deleted.
Rule 41
It is inserted a second paragraph in Article 41 § 1 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 statements of contracts provided for in the article L. 1251-46 and L. 1251-48 the Labour Code, together with the additional mentions necessary to examine the rights to interim allowances".
Annex V
to the General Regulation annexed to the Convention of 14 May 2014 on the Compensation of Unemployment
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 14 May 2014 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 on the date of the termination of their employment contract, the period of affiliation must be at least 610 hours of work in the 28 months preceding the termination of the employment contract (term of notice), subject to the provisions of Article 28.
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 610 hours of work in the 36 months preceding the termination of the employment contract (term of notice), subject to the provisions of Article 28.
The number of hours taken into account for the required affiliation period is sought within the limits provided by theArticle L. 3121-35 of the Labour Code.
The periods of suspension of the work contract shall be held at 5 working hours per day of suspension.
However, the periods of suspension of the employment contract resulting in the exercise of a professional activity excluded from the scope of the unemployment insurance plan, except those exercised under the articles, are not taken into account. L. 3142-78 to L. 3142-80 and L. 3142-91 the Labour Code, and the periods of suspension of the employment contract provided for in Article 6 giving rise to the payment of the allowance provided for in Article 1.
The training activities referred to in the third and fourth books 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 2/3 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.
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 13
Section 13 is amended to read:
The average daily reference wage is equal to the quotient of the reference wage defined under articles 11 and 12 by a divider corresponding to 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;
- carried out a vocational training course referred to in the third and fourth books of the sixth part of the Labour Code or fulfilled obligations entered into at the national service pursuant toArticle L. 111-2, 1 and 2 of the National Service Code ;
- as well as the number of days corresponding to the duration of the entitlements acquired, and determined according to the number of hours worked during the period selected for the calculation of the reference salary.
Article 15
Article 15 is deleted.
Article 21
Paragraph 1 of Article 21 is amended to read:
§ 1st - The support is deferred to the expiry of a deferred compensation corresponding to the total number obtained by dividing:
- the increases in remuneration paid by the last employer to meet its obligations in respect of paid leave;
- by the average reference daily wage obtained under section 13 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.
Rule 26
§ 1 of Article 26 is amended as follows:
§ 1 - The private employee of employment who has ceased to benefit from the service of the allowances, while the previously open compensation period was not exhausted, may benefit from a resumption of his or her rights, i.e. the relic of this period of compensation, after the application, if any, of section 10 provided that:
(a) the time elapsed since the date of admission to the period of compensation considered is not greater than the duration of that period increased by 3 years of date;
(b) he has not voluntarily renounced the last employee work activity, if any, carried out or another employee work activity under the conditions laid down in Article 4(e), unless provided by an application agreement. However, this condition is not enforceable:
- private employment workers who can receive the relic of a period of compensation giving them the right to the service of the allowances until the age at which they are entitled to the full-rate pension and at the latest until the age at which they are expected 2° of Article L. 5421-4 of the Labour Code ;
- private employees who do not justify 455 hours of work.
Annex VI
the general regulations annexed and the annexes to the general regulation of the 14 May 2014 convention on compensation for unemployment
Former holders of a fixed-term employment contract, who have received support for expenses related to a CIF
The provisions of this annex apply to former holders of a fixed-term employment contract, beneficiaries of individual training leave referred to in sections L. 6322-5, R. 6322-20 and D. 6322-21of Labour code.
For the persons defined above, the articles of the general regulation annexed to the Convention of 14 May 2014 on compensation for unemployment and its annexes shall apply, subject to the provisions referred to in Chapters 1 and 2.
1 - For the purpose of finding the conditions for the allocation of return to employment assistance provided for in the General Regulation or its Annexes, are considered to be periods of affiliation, 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.
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 of Part VII of the General Regulations and its Annexes, the conditions for determining the contribution base are as follows:
- for the purposes of Article 51 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 relating to the access of employees to training throughout the work life, and calculated on the basis of the average wages collected in the course L. 6322-5 and R. 6322-2 the Labour Code and the second paragraph of Article 2-19 of the aforementioned Agreement.
ANNEX VII
the general regulations annexed and the annexes to the general regulation of the 14 May 2014 convention on compensation for unemployment
Definition of the specific contribution of employers and employees for certain professions
Considering that Article 51 of the annexed General Regulation provides that contributions by employers and employees shall be based on capped gross remuneration, i.e., except in particular cases defined by an annex, on all remuneration in the social security premiums set out in the social security premiums Articles L. 242-1 et seq. of the Social Security Code.
Considering that, for the calculation of contributions, the application of Article 51 of the annexed General Regulation leads, for certain categories of employees:
- to retain a flat base (chapter 1);
- to apply a specific lump-sum deduction for professional costs for journalists (chapter 2).
Noting that, pursuant to Article 11 § 1 of the annexed General Regulation, the allowances are calculated on the basis of a reference wage established on the basis of the remuneration used in the calculation of contributions, which leads to the payment of allowances on the basis of a minor salary, it is decided to make the following exceptions to the principle set out in the first consideration.
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 in an incidental or temporary capacity by associations and others, holidays or leisure;
- the staff of holiday and leisure centres;
- occasional trainers;
- home vendors in selected time;
- press carriers;
- personnel engaged in an activity on behalf of a legal person with a sporting purpose, a youth association or popular education referred to in the decision of 27 July 1994 (OJ of 13 August 1994).
For journalists, the contribution base referred to in section 51 of the annexed General Regulation is comprised of all capped gross remuneration in the social security contribution count before the 30 per cent slaughter.
Annex VIII
to the General Regulation annexed to the Convention of 14 May 2014 on the Compensation of Unemployment
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;
Considering Article 6 of the Convention of 14 May 2014 on compensation for unemployment;
In view of Book IV of Part 5 of the Labour Code and in particular Articles L. 5422-6, L. 5422-12, L. 5423-4 and L. 5424-20 for the application of the unemployment insurance scheme to intermittent professionals in cinema, audiovisual, diffusion and spectacle, in order to strengthen the follow-up of these beneficiaries in their career paths, the general regulation annexed to the January 18, 2006 convention is amended as follows
Article 1
Section 1 adds a last paragraph to read as follows:
§ 4 - The beneficiaries of this annex are workers and technicians engaged by employers under the article L. 5422-13 or L. 5424-1 to L. 5424-5 the Labour Code and in the areas of activity defined in the annexed list, under a fixed-term employment contract for a function defined in the above-mentioned list (10).
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:
§1er- Private employees must justify a period of affiliation of at least 507 hours of work in the 304 days preceding the end of the employment contract, subject to the application of Article 10 § 1st. The number of hours taken into account in the search for the required duration of affiliation is sought within the limits provided by theArticle L. 3121-35 of the Labour Code.
For the justification of 507 hours (11), 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 employment 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 that exercised under the articles L. 3142-78 to L. 3142-80 and L. 3142-91 Work code.
§ 3 - Also retained at 5 working hours per day, periods:
- maternity wardArticle 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;
- accident of work covered by theArticle L. 411-1 of the Social Security Code, which extend after the contract of employment.
§ 4 - The periods of care by health insurance, located outside the employment contract, extend the period in which the condition of affiliation referred to in § 1 or Article 10 § 1 is sought.
Article 4
Section 4 (c), (e) and (g) is amended to read:
(c) not having reached the age determined for the opening of the right to a pension within the meaning of 1° of Article L. 5421-4 of the Labour Code or not to benefit from retirement under the articles L. 161-17-4, L. 351-1-1, L. 351-1-3 and L. 351-1-4 Social Security and Security Code third and seventh paragraphs of section 41 of Act No. 98-1194 of 23 December 1998 Social Security Funding for 1999.
However, persons who have reached the above age without being able to justify the number of quarters of insurance required within the meaning of Articles L. 351-1 to L. 351-5 of the Social Security Code (all plans combined), to receive a full-rate pension, can benefit from the allowances until justification for this number of quarters and, at the latest, up to the age specified in 2° of Article L. 5421-4 of the Labour Code.
[The rest of this paragraph is unchanged]
(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 the employment contract for the final closure of an establishment or for the interruption of the film 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 § 1st without such an account being able to exceed the effective date of a new contract of work.
Article 6
Article 6 is deleted.
Article 7
Section 7 is amended to read:
The training activities referred to in the third and fourth books 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 the limit of 2/3 of the number of hours fixed in Article 3 or 10 § 1st.
Article 10
Section 10, paragraphs 1st, 2(b) and 3, is amended to read:
§ 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 (12) is carried out under the conditions set out in Articles 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 must retain the copy of the certificate issued by the employer, in accordance with the Articles R. 1234-9 to R. 1234-12 of the Labour Code, to be able 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:
§ 1st - The compensation period is 243 days.
§ 2 - By exception to § 1 above, allocatories aged 62 continue to receive the daily allowance they receive up to the deadlines set out in Article 33 § 2 (a) of the annexed General Regulation, if they meet the following conditions:
- be in compensation;
- justification for 9,000 hours of work carried out under this Schedule or Annex X, of which 1,521 hours in the last three years, i.e., at least 15 years of affiliation with the unemployment insurance scheme, or periods assimilated to those jobs defined by an application agreement;
- justification for 100 quarters validated by old age insurance in the sense of Articles L. 351-1 to L. 351-5 of the Social Security Code.
The age provided for in the first paragraph of this article is 61 years and 2 months for allocataries born in 1953 and 61 years and 7 months for those born in 1954.
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 § 2 is deleted.
Article 21
Section 21 is replaced by the following text:
§ 1st - 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:
AJ = A + B + C
| A = | AJ minimum13 x [0.50x SR14 (up to 12 000 €) + 0.05 x (SR5 - 12 000 €)] |
| NH15 x SMIC hours16 |
| B = | AJ minimum4 x [0.30 x NHT17 (up to 600 hours) + 0.10 x (NHT8 - 600 hours)] |
| NH6 |
C = AJ minimum4 x 0.4
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 1/365th 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 20,34 €18.
Rule 26
Paragraph 2 of Article 26 is amended to read:
§ 2 - 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 schemes, or a disability pension acquired abroad, is cumulative with the disability pension of 2nd or 3rd class under the conditions prescribed 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 (19).
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 Board of Directors or the Bureau of the Unédic shall, once a year, carry out the revalorization of 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 Board of Directors or the Bureau shall also revalue all allowances, or portions of allowances in a fixed amount.
These decisions of the Board of Directors or Bureau take effect on 1 July of each year.
Rule 29
Section 29 is amended to read:
§ 1st - The support is deferred to the expiry of a deferred compensation calculated as follows:
| Compensation difference = | Salary of the reference period | - | (1.68 × SMIC hours × Number of hours worked) |
| Average daily wage capped at 350 euros. |
Only certified days of unemployment are used to compute the deferred compensation.
§ 2 - In the second paragraph, the words "by the reference daily salary" are replaced by the words "by the average daily wage as defined in section 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 7 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 allocator who records one or more periods of employment during a calendar month must mention the statement of monthly status. The corresponding certificate(s) must be sent by the employer to the national recovery centre referred to in Article 56 § 1st.
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 employer(s), 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 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.
Remunerations from occupational activity(s) (s), for a given calendar month, are cumulative with the daily allowances to be used for the number of compensable days determined in the preceding paragraph during the same month, within the limit of 1.4 times the monthly ceiling of social security referred to in the preceding paragraphArticle L. 241-3 of the Social Security Code.
Where the sum of the remuneration from the professional activity(s) and the unemployment benefits payable under the specified number of compensable days exceeds the monthly cumulative ceiling referred to in the above paragraph, the allotted person shall be compensated for the difference between the cumulative ceiling and the sum of the remuneration collected for the calendar month in question.
In the case of application of this ceiling, the number of compensable days, rounded to the upper edge, is the quotient of the difference referred to in the paragraph above by the amount of the daily allowance defined under sections 23 to 26.
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
Article 56 § 1st, 1st paragraph and § 3 is amended as follows:
§ 1st - Employers included in the scope set out in Article 1 § 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 annexed general regulation.
The Bureau of the Unédic should be periodically informed about the implementation of the procedure for assigning the object number.
Rule 59
It is amended to read:
The contributions of employers and employees are based on the capped gross remuneration, i.e., except in particular cases defined by an annex, on all incoming remuneration, converted as appropriate to euros on the basis of the official exchange rate at the time of their perception, in the base of the social security contributions provided for in the Articles L. 242-1 et seq. of the Social Security Code.
However, the contributions are excluded, the remuneration exceeding, employer by employer, 4 times the ceiling of the old-age social security insurance plan covered by theArticle L. 241-3 of the Social Security Code.
Rule 60
Section 60 is replaced by the following text:
§ 1st - The funding for 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:
- 6.40 per cent, 4% of employers and 2.40 per cent of 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:
- 6.40 per cent, 4% at the expense of employers and 2.40 per cent at the expense of employees.
§ 2 - By derogation, the share of the employer's expense contribution to the financing of compensation resulting from the application of the Common Law Rules of Unemployment Insurance, referred to in the previous paragraph, is determined as follows:
- 7% for fixed-term contracts of less than or equal to 1 month;
- 5.5% for fixed-term employment contracts of more than 1 month and less than or equal to 3 months;
- 4.5% for fixed-term employment contractsArticle L. 1242-2 3° of the Labour Code, except for seasonal jobs, of a duration of less than or equal to 3 months.
§ 3 - The employer's share of the contribution remains set at 4%:
- provided that the employee is hired by the employer in an indefinite contract after the fixed-term contract;
- for all temporary work contracts Articles L. 1251-1 et seq. of the Labour Code and fixed-term contracts 1°, 4° and 5° of Article L. 1242-2 of the Labour Code.
Rule 61
Section 61 is replaced by the following text:
Contributions are payable 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 submit the corresponding certificates for each employee employed in the month 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 annexed general regulation.
The third paragraph of Article 62 is deleted.
Rule 65
Section 65 is amended to read:
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 § 1 (c) is thus written:
(c) grant a full or partial surrender of the delay increases provided for in Article 66 and the penalties provided for in Articles 56 § 3, 62, 63, 67 and 74 to the good faith debtors justifying the impossibility in which they have been unable, 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 as follows: 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 June 30, 2014.
List for the scope of Appendix VIII
Appendix VIII to the General Regulation of Unemployment Insurance applies to workers and technicians employed by employers under section L. 5422-13 or L. 5424-3 the Labour Code in the fields of activity defined below and listed 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 programmes for television - except animation;
- 59.11 B - Production of institutional and advertising films - except animation.
Salariés
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 | 1erassistant specialist director |
| 7 | 1st 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 | Specialist accessor |
| 16 | Production Officer |
| 17 | Specialized production officer |
| 18 | Shelf aid |
| 19 | Emission Moderator |
| 20 | Animatronicien |
| 21 | Assistant decorator |
| 22 | Emission Assistant |
| 23 | Post-production assistant |
| 24 | Production Assistant |
| 25 | Assistant Production Assistant |
| 26 | Specialist production assistant |
| 27 | Light Assistant |
| 28 | Specialized Light Assistant |
| 29 | Assistant monteur |
| 30 | Assistant |
| 31 | Special Assistant |
| 32 | Assistant OPV Assistant |
| 33 | Assistant director |
| 34 | Assistant Director |
| 35 | Assistant Director |
| 36 | Assistant son |
| 37 | Assistant to the Assistant |
| 38 | Assistant script assistant |
| 39 | Blocker/rigger |
| 40 | Noise |
| 41 | Framework |
| 42 | Specialized framework/OPV |
| 43 | Investigator/researcher |
| 44 | Chargé de postproduction |
| 45 | Production officer |
| 46 | Selection Officer |
| 47 | Driver |
| 48 | Room heating |
| 49 | Chief manufacturer |
| 50 | Chief costumer |
| 51 | Specialized costumer |
| 52 | Team Leader |
| 53 | Head of tray/set |
| 54 | Chef decorateur |
| 55 | Specialized decorator |
| 56 | Lightning chief |
| 57 | Chief Electrician |
| 58 | Chief machinist |
| 59 | Chef maquill |
| 60 | Chef maquilleur Spécial |
| 61 | Chief |
| 62 | Chief Specialty Officer |
| 63 | Chef OPS |
| 64 | Specialized PAHO/Specialized Sound Engineer |
| 65 | Chief OPV |
| 66 | Hair |
| 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 | Reformer |
| 76 | Artistic issuing advisor |
| 77 | Technical Adviser |
| 78 | Builder |
| 79 | Writing computer (ex-script editor) |
| 80 | Emission coordinator |
| 81 | Costumier |
| 82 | Specialized costumier |
| 83 | Costume designer |
| 84 | Creator of specialized costume |
| 85 | Decorator |
| 86 | Decorator painter |
| 87 | Decorator specialized painter |
| 88 | Specialized decorator |
| 89 | Tape decorator |
| 90 | Specialized tapester decorator |
| 91 | Decorator |
| 92 | Designator in specialized decor |
| 93 | Artistic Director |
| 94 | Collection Director |
| 95 | Director of games |
| 96 | Distribution Director |
| 97 | Director of specialized distribution |
| 98 | Post-production director |
| 99 | Production Director |
| 100 | Director of specialized production |
| 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 | Together-decorator |
| 114 | Specialized assembler-decorator |
| 115 | Etalonneur |
| 116 | Dress up |
| 117 | Specialized dresser |
| 118 | Sound illuminator |
| 119 | Engineering of vision |
| 120 | Assistant vision engineer |
| 121 | Sound engineer |
| 122 | Specialized intervener |
| 123 | Machinist |
| 124 | Machinist decorator |
| 125 | Mason |
| 126 | Makeup and special hairstyle |
| 127 | Maquilleur |
| 128 | Specialized equipment |
| 129 | Mechanic |
| 130 | Strainer |
| 131 | Metall |
| 132 | Mixer |
| 133 | Mixer (directs) |
| 134 | Monteur |
| 135 | Channel operator |
| 136 | Real-time Effects Operator |
| 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 | PAHO |
| 145 | OPV |
| 146 | Painter |
| 147 | Painting in false wood |
| 148 | Perchiste |
| 149 | Specialist Perchiste/1er assistant son spécialisé |
| 150 | Shelf photographer |
| 151 | Specialized stage photographer |
| 152 | Pointer |
| 153 | Specialized station |
| 154 | Question preparer |
| 155 | Artistic producer |
| 156 | Executive producer |
| 157 | Artistic programmer |
| 158 | Prothesist |
| 159 | Lightbox |
| 160 | Director |
| 161 | Recherchiste |
| 162 | Regulation/Reference |
| 163 | Assistant |
| 164 | Assistant Specialty Officer |
| 165 | Exterior regulator |
| 166 | Specialized exterior regulator |
| 167 | General manager |
| 168 | Specialized general manager |
| 169 | Specialized/rep. specialized examinations |
| 170 | Parking regulator |
| 171 | Repeat |
| 172 | Investigator |
| 173 | Lead of issues |
| 174 | Research Officer |
| 175 | Head of Children |
| 176 | Reporting officer |
| 177 | Ripper |
| 178 | Script |
| 179 | Specialized script |
| 180 | Production Secretary |
| 181 | Specialized production secretary |
| 182 | Serrurier |
| 183 | Staff member |
| 184 | Storyboarder |
| 185 | Stylistic |
| 186 | Supervisor Special Effects |
| 187 | Tapissier |
| 188 | Technician instrument/backliner |
| 189 | Drum technician |
| 190 | Video technician |
| 191 | Wizard |
| 192 | Truquiste |
| 193 | Videographist |
2. Film production
Employees
The employer's activity must be listed by the following NAF code: 59.11 C - Film production, except studios and animation.
Salariés
The employee's activity must be one of the following functions (the functions below may be discarded to the female):
Achievement branch
| 1 | Film director |
| 2 | Advertising film director |
| 3 | Technician director second film team |
| 4 | Technical adviser to film production |
| 5 | First assistant film director |
| 6 | Second film assistant |
| 7 | Auxiliary for cinema realization |
| 8 | Scripte cinéma |
| 9 | Movie script assistant |
| 10 | Technician back image cinema |
| 11 | First assistant to the distribution of film roles |
| 12 | Chargé de la figuration cinéma |
| 13 | Assistant to the Film Figuration Officer |
| 14 | Repeat cinema |
| 15 | Head of children cinema |
Administration branch
| 16 | Director of film production |
| 17 | Film Production Officer |
| 18 | Assistant Film Officer |
| 19 | Film production assistant |
| 20 | Film Production Secretary |
Regulated branch
| 21 | General cinema |
| 22 | Assistant Film Officer |
| 23 | Auxiliary to cinema |
Image branch
| 24 | Director of Cinema Photography |
| 25 | Framer cinema |
| 26 | Specialist film manager |
| 27 | First assistant cinema operator |
| 28 | Second assistant cinema operator |
| 29 | Remote Control Technician (view-taking) cinema |
| 30 | Film stage photographer |
Connect her
| 31 | Head operator of his cinema |
| 32 | Sound Operator Assistant |
Style suits
| 33 | Creator of costume cinema |
| 34 | Chef costumier cinema |
| 35 | Costumier cinema |
| 36 | Dress up cinema |
| 37 | Teinturier skater movie costumes |
| 38 | Chef d'atelier costumes cinema |
| 39 | Couturier movie costumes |
Makeup branch
| 40 | Chef maquilleur cinema |
| 41 | Maquilleur cinéma |
Hair branch
| 42 | Head hairdresser |
| 43 | Filmmaker |
Deco branch
| 44 | Chef decorateur cinema |
| 45 | Ensemble decorateur cinema |
| 46 | Premier assistant decorateur cinema |
| 47 | Second assistant film decorator |
| 48 | Third film decorator assistant |
| 49 | Ensemble cinema |
| 50 | Outdoors cinema regulator |
| 51 | Accessoiriste de plateau cinéma |
| 52 | Cinema decor accessory |
| 53 | Painter of art de décor cinema |
| 54 | Infographist decor cinema |
| 55 | Illustrateur de décor cinéma |
| 56 | Chef tapesier de décor cinéma |
| 57 | Film decor matissier |
Assembly connection
| 58 | Chef monteur cinema |
| 59 | First assistant filmmaker |
| 60 | Second assistant filmmaker |
| 61 | Chef monteur son cinema |
| 62 | Noise |
| 63 | Noise assistant |
| 64 | Post-production cinema computer |
Mixing branch
| 65 | Film mixer |
| 66 | Film mixer |
Branch specialized technical staff
| 67 | Supervisor of physical effects cinema |
| 68 | Physical effects cinema |
| 69 | Animatronic cinema |
Machinist branches of shots
| 70 | Chef machiniste prise de vues cinema |
| 71 | Sous-chef machiniste prise de vues cinema |
| 72 | Machinist shot cinema |
Electrical shooting branch
| 73 | Chef électricien prise de vues cinéma |
| 74 | Sous-chef électricien prise de vues cinema |
| 75 | Electrician shooting cinema |
| 76 | Film group conductor |
Branch construction of decors
| 77 | Chief cinema builder |
| 78 | Chef machiniste de construction cinema |
| 79 | Sous-chef machiniste de construction cinema |
| 80 | Machinist construction cinema |
| 81 | Chef électricien de construction cinéma |
| 82 | Electrical construction subhead cinema |
| 83 | Construction engineer cinema |
| 84 | Chef menuisier de décor cinéma |
| 85 | Sous-chef menuisier de décor cinéma |
| 86 | Menuisier traceur de décor cinéma |
| 87 | Cinema decor carpenter |
| 88 | Toupilleur de décor cinéma |
| 89 | Maquettiste de décor cinéma |
| 90 | Maçon de décor cinema |
| 91 | Chef serrurier de décor cinéma |
| 92 | Serrurier de décor cinéma |
| 93 | Chef sculpteur de décor cinéma |
| 94 | Sculptor decor cinema |
| 95 | Chef de décoration cinema |
| 96 | Film decor staff |
| 97 | Chef painter de décor cinéma |
| 98 | Sous-chef painter de décor cinéma |
| 99 | Cinema decor paint |
| 100 | Painter in cinema decor letters |
| 101 | Fake wood and patina scenery cinema |
3. Phoneographical edition
Employees
The employer's activity must be listed by the following NAF Code:
- 59.20 Z - Sound recording and musical edition - except musical edition, recording studios and radio studios.
Salariés
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 | Musical programmer |
| 4 | Noise |
| 5 | Sonoriser |
| 6 | Instrument Technician backliner |
| 7 | Asshole |
| 8 | Perchman-perchiste |
| 9 | 1erassistant son |
| 10 | Sound operator/sound operator |
| 11 | Sound illuminator |
| 12 | Sound/technician regulator |
| 13 | Assistant son |
| 14 | 2nd assistant |
Image graphics
| 1 | Director of photo/chef opv |
| 2 | Framer/cameraman/OPV |
| 3 | Assistant cadreur/cameraman/OPV |
| 4 | Animator (animation video) |
| 5 | Room heating |
| 6 | Illustrateur |
| 7 | Photographer |
| 8 | Presenter |
| 9 | Engineering 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 slowed |
| 16 | Projectionist 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 manager |
| 2 | Regulation/Deputy |
| 3 | Conductor |
| 4 | Shelf/Head Controller |
| 5 | Shelf aid/set assistant |
Production-postproduction
| 1 | Production Director |
| 2 | Post-production/post-production officer |
| 3 | Drift/truquist |
| 4 | Artistic Director of Production |
| 5 | Repeat |
| 6 | Production officer |
| 7 | Director of artistic distribution |
| 8 | Production Officer |
| 9 | Artistic production advisor |
| 10 | Writing computer (script editor) |
| 11 | Documentaliste/iconographe |
| 12 | Mount/leader |
| 13 | Assistant Auditor/Deputy |
| 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 |
Makeup - hairdressing
| 1 | Hairdresser perruquier |
| 2 | Stylistic |
| 3 | Maquilleur/maquilleur posticheur/chef maquilleur/chef maquilleur posticheur |
| 4 | Costumier/chef costumier |
| 5 | Hairdresser |
| 6 | Dress up |
| 7 | Stylistic Assistant |
| 8 | Hairdresser |
| 9 | Staff Assistant |
Light
| 1 | Eclairagiste |
| 2 | Electrician / electrician head |
| 3 | Technician light |
Decoration - machinist
| 1 | Tapissier decorator |
| 2 | Decorator/decorator/decorator/decorator/decorator |
| 3 | Manufacturer/Head manufacturer |
| 4 | Group conductor/groupman |
| 5 | Together/Assistant |
| 6 | Machinist/leader |
| 7 | Maquettiste staffeur |
| 8 | Staffeur/chef staffeur |
| 9 | Menuisier/chef menuisier |
| 10 | painter |
| 11 | Decorative painter/decorative painter |
| 12 | Sculptor decorator/head sculptor decorator |
| 13 | Tapissier |
| 14 | Holder rigger |
| 15 | Technician plateau |
| 16 | Accessorist |
4. Technical benefits for creation and 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 - Postproduction of film, video and television programs - except animation studios;
- 59.20 Z - Sound recording and musical editing (only sound recording studios);
- 90.02 Z - Activities to support the live performance and detention of the label service provider of the live show.
Salariés
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 | Shot operator |
| 5 | Head of AV shooting operator |
Son
| 1 | Assistant son |
| 2 | Sound operator |
| 3 | Higher sound operator |
| 4 | Head operator of sound |
| 5 | Sound engineer |
| 6 | Technician transfers |
| 7 | Switching machine |
| 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 | Machinists AV |
| 4 | Machinist leader AV |
| 5 | Electrician shot |
| 6 | Pulse electrician |
| 7 | Prosecution |
| 8 | Chief Prosecutor AV |
| 9 | Blocker |
| 10 | Groupiste flux AV |
| 11 | Chief electrician shot |
| 12 | Head of Light Workshop |
| 13 | Chef de plateau AV |
| 14 | Hair |
| 15 | Maquilleur |
| 16 | Chef maquill |
| 17 | Dress up |
| 18 | Costumier |
| 19 | Chief costumer |
Achievement
| 1 | DIRECTEUR 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 | Infographist AV |
| 6 | Graphic designer AV |
| 7 | AV Truquiste |
| 8 | VCR operator |
| 9 | idling operator |
| 10 | Video server operator |
| 11 | Operating Assistant AV |
| 12 | AV Operating Technician |
| 13 | Higher Operations Technician AV |
| 14 | Engineering of vision |
| 15 | Head of AV equipment |
| 16 | Mobile driver |
| 17 | Antenna computer |
| 18 | Head of antenna |
Production management
| 1 | Production Assistant |
| 2 | Production Operations Assistant |
| 3 | Production Officer AV |
| 4 | Production Director AV |
| 5 | Production coordinator |
| 6 | Production Officer |
| 7 | Regulation |
Decoration and accessories
| 1 | Decoratives |
| 2 | Help decors |
| 3 | Machinist decors |
| 4 | Sculptor decors |
| 5 | Metal locker |
| 6 | Tapissier decors |
| 7 | Painter |
| 8 | Painter decors |
| 9 | painter |
| 10 | Menuisier décors |
| 11 | Head manufacturer 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 | Technicien authoring |
| 2 | CSA operator/ antenna bands |
| 3 | Agent de duplication AV |
| 4 | AV duplication operator |
| 5 | Imager scanner |
| 6 | Digital catering operator |
| 7 | Digital technology |
| 8 | Projectionist AV |
| 9 | Dialogue Breeder |
| 10 | Repeat |
| 11 | Detector |
| 12 | Calligraph |
| 13 | Adapter |
| 14 | Translator |
| 15 | Adapter |
| 16 | Band typing - input operator |
| 17 | Tracking/simulation operator |
| 18 | Audio descriptor |
| 19 | Artistic Director |
| 20 | Subtitle climber |
| 21 | Synchro mount |
| 22 | Burner operator |
| 23 | Artistic Officer |
| 24 | Artistic Assistant |
| 25 | Language Coordinator |
| 26 | Language Coordinator Assistant |
| 27 | AV |
| 28 | Flow voltage |
| 29 | Head of flow |
| 30 | Drift mountain |
| 31 | Telecinema operator |
| 32 | Etalonneur |
| 33 | Operator-operator |
| 34 | Noise |
| 35 | Additional noise |
| 36 | Post-production assistant |
| 37 | Chargé de postproduction |
Animation and digital visual effects
| 1 | Head of multimedia project |
| 2 | Multimedia 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 manager |
| 2 | Technical Director |
| 3 | Logistics Officer |
| 4 | Logistician |
| 5 | Technical Assistant |
| 6 | Assistant logisticien |
| 7 | Stage/plate technician |
| 8 | Assistant stage technician/plateau |
Plateau
| 1 | Stage/stage regulator/shower |
| 2 | Project manager |
| 3 | Head backliner |
| 4 | Technician music/backliner instrument |
| 5 | Stage/plate help |
| 6 | Road |
Son
| 1 | Manufacturer son |
| 2 | Sound control |
| 3 | Sound engineer |
| 4 | System technician |
| 5 | Technician son |
| 6 | Sonoriser |
| 7 | Assistant sonorizer |
| 8 | SV |
| 9 | SV operator |
| 10 | Help her |
Light
| 1 | Light/lightning designer |
| 2 | Light adjustment |
| 3 | Technician light |
| 4 | Light Curtain SV |
| 5 | Light Assistant |
| 6 | Prosecution |
| 7 | Light aid |
Structure-machinery
| 1 | Structure engineering |
| 2 | Engineering Structure Assistant |
| 3 | Structural adjustment |
| 4 | Chief rigger |
| 5 | Director machinist |
| 6 | Head of structure |
| 7 | Chef maintenance technician on tour/festival |
| 8 | Structure/constructor technician |
| 9 | Rigger/trapper |
| 10 | Stage 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 designer |
| 4 | Multimedia programmer/encoder |
| 5 | Technician full day screen |
| 6 | Pupitreur monumental images |
| 7 | Video project technician |
| 8 | SV Vision Technician |
| 9 | SV script |
| 10 | Full day screen assistant |
| 11 | Technician monumental images |
| 12 | Camera operator |
| 13 | Video Assistant SV |
| 14 | Magnet 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 |
Decors - accessories
| 1 | Chef decorateur |
| 2 | Machinery/Decoration Technical Manufacturer |
| 3 | Assistant decorator |
| 4 | Head manufacturer/machinery |
| 5 | Chef carpenters de décor |
| 6 | Decorative painter |
| 7 | Chef serrurier/serrurier metallier theatre |
| 8 | Theatre sculptor |
| 9 | Chef tapesier de théâtre |
| 10 | Chef theatre staffeur (mouleur/matériaux de synthesis) |
| 11 | Machinery/decor manufacturer |
| 12 | Menuisier de décors |
| 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 | Carpenter's assistant |
| 21 | Decorative painter |
| 22 | Serrurier/Teatrician Assistant |
| 23 | Theatre Matsier Assistant |
| 24 | Assistant theatre staffer |
| 25 | Help decors |
Costume - accessories - hairdressing
| 1 | Costume designer/costumier |
| 2 | Costume director |
| 3 | Chef tailor couturier |
| 4 | Dying Chef |
| 5 | Color master |
| 6 | Chief chaplain |
| 7 | Chef director masks |
| 8 | Chef maquill |
| 9 | Head accessor |
| 10 | Moderator |
| 11 | Couturier/separator |
| 12 | Hair/poster |
| 13 | Maquilleur/maquilleur special effects |
| 14 | Accessorist |
| 15 | Mode |
| 16 | Assistant costume director |
| 17 | Coturier Assistant/Copper Wizard |
| 18 | Dying assistant |
| 19 | Colour Assistant |
| 20 | Chaplain Assistant |
| 21 | Hairdresser |
| 22 | Staff Assistant |
| 23 | Accessory assistant |
| 24 | Assistant modiste |
| 25 | Costume help |
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.
Salariés
The employee's activity must be one of the following functions (the functions below may be discarded to the female):
| 1 | Assistant to the producer |
| 2 | Moderator |
| 3 | Animator technician director |
| 4 | Assistant technician director |
| 5 | Specialized program contributor |
| 6 | Programme Adviser |
| 7 | Specialized intervener |
| 8 | Text reader |
| 9 | Musician copiste radio |
| 10 | Presenter |
| 11 | Associate coordinator producer |
| 12 | Associate producer of radio programming |
| 13 | Radio transmitter |
| 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 du spectacle vivant.
2nd category:
Employers who hold the performance contractor's licence who do not have the NAF code in the 1st category referred to above, and who 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.
Salariés
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 | Attaché de production/chargé de production |
| 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 designer |
| 15 | Technical Adviser |
| 16 | Costumier |
| 17 | Decorator |
| 18 | Production Director |
| 19 | Technical Director |
| 20 | Dramaturge |
| 21 | Electrician |
| 22 | Ensemble de spectacle |
| 23 | Dress up |
| 24 | Lingère/repasseuse/retoucheuse |
| 25 | Machinist/constructor of decors and structures |
| 26 | Maquilleur |
| 27 | Menuisier de décors |
| 28 | Track Meter (cirques) |
| 29 | Asshole |
| 30 | CAO-PAO Light/Power/Technical Operator |
| 31 | Sound/preneur operator |
| 32 | Painter of scenery |
| 33 | Decorative paint |
| 34 | Perruquier |
| 35 | Plumassier de spectacles |
| 36 | Prosecution |
| 37 | Prompt |
| 38 | Hairdresser, wigs |
| 39 | Costume director |
| 40 | Light scanner |
| 41 | Makeup director, mask |
| 42 | Director son |
| 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 adjustment |
| 49 | Sound board (return) |
| 50 | Sound control |
| 51 | Repeat / breather |
| 52 | Rigger (catcher) |
| 53 | Scenograph |
| 54 | Theatre Sculptor |
| 55 | Serrurier/serrurier metallier theatre |
| 56 | Staff member |
| 57 | Sizer/couturier |
| 58 | Theatre tapesher |
| 59 | Technician console |
| 60 | Maintenance technician (as part of a tour and a festival exclusively) |
| 61 | Plateau technician |
| 62 | Special effects technician |
| 63 | Musical instrument technician (backline) |
| 64 | Technician light |
| 65 | Sound Technician HF |
| 66 | Security Technician |
| 67 | Generator Technician (groupman) |
| 68 | Teinturier coloriste de spectacles |
Audiovisual in mixed and/or non-commercial performances
| 69 | Framework |
| 70 | Chief operator |
| 71 | Monteur |
| 72 | Image/Power Operator |
| 73 | Video operator |
| 74 | Projectionist |
| 75 | Audiovisual regulation |
| 76 | Video technician |
8. Television
Employees
The employer's activity must be identified by the following NAF codes:
- 60.20 A - General chains - except data bank activities;
- 60.20 B - Edition of thematic channels - except data bank activities.
Salariés
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 computer |
| 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 | Quick operator |
PRODUCTION-REGIE
Production
| 14 | Production Assistant |
| 15 | Specialized program contributor |
| 16 | Production heating |
| 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 | Assistant |
| 27 | General manager |
Achievement
| 28 | Director |
| 29 | 1st Assistant Director |
| 30 | Assistant director |
| 31 | 2nd Assistant Director |
| 32 | Script |
Fabrication plateau (studio or exterior)
| 33 | Shelf aid |
| 34 | Chef de plateau |
| 35 | Lightning/Electrician Chief |
| 36 | Group conductor |
| 37 | Illegal/Electrician |
| 38 | Light Assistant |
Painting
| 39 | Painter |
| 40 | Decorative paint |
| 41 | Decorator painter |
Tapisserie
| 42 | Tapissier |
| 43 | Tapissier decorator |
| 44 | Tape decorator |
Construction decors
| 45 | Accessorist |
| 46 | Chief machinist |
| 47 | Constructor in decors |
| 48 | Machinist |
| 49 | Tracker |
| 50 | Menuisier |
Image (including video)
| 51 | Assistant OPV |
| 52 | OPV |
| 53 | Chief OPV/chef cameraman |
| 54 | Photo director |
| 55 | Engineering of vision |
| 56 | Ice operator |
| 57 | Photographer |
| 58 | Video technician |
| 59 | Truquiste |
Son
| 60 | Assistant to the capture of his |
| 61 | Noise |
| 62 | Head operator of sound/engineering |
| 63 | Sound illuminator |
| 64 | Mixer |
| 65 | Sound operator/sound operator |
MAQUILLAGE-COIFFURE-COSTUME
Make-up
| 66 | Head of Equipment/Chief Posting Officer |
| 67 | Maquiller/Poker Equipment |
Hair
| 68 | Hairdresser |
| 69 | Wife/differ |
Costume
| 70 | Chief costumer |
| 71 | Costumier |
| 72 | Designer of costume/stylistic |
| 73 | Dress up |
DECORATION
| 74 | Decorative assistant |
| 75 | Chef decorateur |
| 76 | Combined decorator/decorator |
| 77 | Decorator |
MONTAGE-POSTPRODUCTION-GRAPHISME
Mounting
| 78 | Chief |
| 79 | Monteur |
| 80 | Chef monteur truquiste |
| 81 | Synthesizer operator |
Graphic design
| 82 | Graphic designer/infographist/videographer |
| 83 | Animation/dessinator drawing in generic |
OTHER FUNCTIONS
| 84 | Translator |
| 85 | Artistic drawing |
| 86 | Chronicle |
| 87 | Lead |
| 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 - Postproduction of film, video and television programs (only animation studios).
Salariés
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/writer |
| 4 | Chef storyboarder/chef storyboard |
| 5 | Storyboarder/Storyboardeuse |
| 6 | 1st assistant director/1re assistant director |
| 7 | Scripte/scripte |
| 8 | 2nd assistant director/2e assistant director |
| 9 | Writing/writing coordinator |
| 10 | Artistic Director/Assistant Artistic Director |
| 11 | Assistant storyboarder/assistant storyboard |
Design line
| 12 | Modelling Director/Model Director |
| 13 | Animated cartoonist/head cartoonist |
| 14 | Modelling / Modelling Supervisor |
| 15 | Head Color/Helf Models Color |
| 16 | Animation cartoonist/animation designer |
| 17 | Modeling Infographer/infographist |
| 18 | Model colorist/color designer |
| 19 | Animation drawing assistant / animation drawing assistant |
| 20 | Modeling graphics wizard/model graphics wizard |
| 21 | Digitalization operator/digitalization operator |
Lay-out wire
| 22 | Director lay-out/Director lay-out |
| 23 | Head exhibition sheet/leader exhibition sheet |
| 24 | Animated manager/guided manager |
| 25 | Chef lay-out/chef lay-out |
| 26 | Animation manager/animation manager |
| 27 | Animator exhibition sheet/animator exhibition sheet |
| 28 | Lay-out/Lay-out Dessinator |
| 29 | Infographiste lay-out/infographistelay-out |
| 30 | Animation detector/animation detector |
| 31 | Lay-out Drawing Assistant/Lay-out Drawing Assistant |
| 32 | Lay-out infographist assistant/Lay-out infographist assistant |
Animation wire
| 33 | Director animation/director animation |
| 34 | Chief Moderator/Head Host |
| 35 | Head infographist 2 D/chef infographist 2 D |
| 36 | Assistant Chief/ Assistant |
| 37 | Moderator/animator |
| 38 | Mocap/Mocap figure |
| 39 | Infographer 2 D/infographist 2 D |
| 40 | Host/Animator Assistant |
| 41 | Motion capture/operator motion capture operator |
| 42 | Real time/operator retoucher real time |
| 43 | Intervallist/intervallist |
| 44 | Assistant infographist 2 D/ infographist 2 D |
Decorative, rendering and lighting
| 45 | Director decor/Director decor |
| 46 | Director rendered and lighting/director rendered and lighting |
| 47 | Chef decorateur/chef decoratrice |
| 48 | Supervisor rendered and lighting/supervisor rendered and lighting |
| 49 | Decorator/decorator |
| 50 | Infographer rendered and lighting/infographist rendered and lighting |
| 51 | Matt painter/matt painter |
| 52 | Decorative/decorative assistant |
| 53 | Printer assistant rendered and lighting/infographist wizard rendered and lighting |
Tracing wire, scan and coloring
| 54 | Conductor/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 scanner |
| 59 | Traceur/traceuse |
| 60 | Dropper/shudder |
| 61 | Scan/operator scanner |
Composting wire
| 62 | Compiting Director/Flecting Director |
| 63 | Chef compositing/chef compositing |
| 64 | Composting/ compositing operator |
| 65 | Compiting/Operating Assistant Compiting |
Volume wire
| 66 | Head host volume/leader volume |
| 67 | Head decorator volume/head decorator volume |
| 68 | Head operator volume/head operator volume |
| 69 | Plastic master volume/chef plasticienne volume |
| 70 | Head accessorist volume/chef accessorist volume |
| 71 | Head moulding/head moulding |
| 72 | Volume/Animator |
| 73 | volume/decorator |
| 74 | volume/operator |
| 75 | Plastician volume/plastician volume |
| 76 | Accessorist volume/accessorist volume |
| 77 | Technician special effects volume/technician special effects volume |
| 78 | Volume/mouleuse |
| 79 | Animator volume/assistant volume |
| 80 | Volume/Decorative Assistant |
| 81 | volume/operator assistant |
| 82 | volume/plastic assistant volume |
| 83 | Accessorist assistant volume/accessorist 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 Effects 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 | Head/mounting head |
| 92 | Digital calibration manager/digital calibration head |
| 93 | Technical Manager of post-production/Policy Officer |
| 94 | Noise/noise |
| 95 | Mountain/mountain |
| 96 | Digital/digital stallion |
| 97 | Senior/Assistant Assistant |
| 98 | Digital calibration assistant/digital calibration assistant |
Operating, 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 |
| 103 | System and Network Technician System and Network |
| 104 | scriptor/infographist script |
| 105 | Maintenance technician/maintenance technician |
| 106 | Data transfer operator/data transfer operator |
| 107 | Calculator/calculation 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 |
Annex IX
to the General Regulation annexed to the Convention of 14 May 2014 on the Compensation of Unemployment
Salariés occupied hors de France (20) or by international organizations, embassies and consulates
Employers included in the territorial scope of the unemployment insurance scheme established by the 14 May 2014 agreement on compensation for unemployment are required to ensure against the risk of employment deprivation the expatriated employees with whom they are bound by a labour contract during their expatriation period.
For its application to the above employers and employees, the annexed general regulations are amended to read as follows:
1.2. Benefits
Article 4
Section 4 (e) is amended to read:
(e) have not voluntarily left, unless provided 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;
Article 11
Paragraph 1 of Article 11 is amended to read:
§ 1st - The base salary used as the basis for determining the proportional portion of the daily allowance shall be established, subject to the provisions set out in section 12, on the basis of remuneration for contributions and actually collected in the 4 calendar quarters preceding the quarter in which the last working day paid to the person concerned took place, provided that they have not already been used for a previous calculation.
Article 12
Paragraph 1 of Article 12 is amended to read:
§ 1st - 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.
Article 13
Section 13 is amended to read:
The average daily reference wage is equal to the quotient of the reference salary defined under sections 11 and 12, by the number of days that resulted in the payment of contributions in the 4 calendar quarters prior to that in which the last day of work paid to the person concerned was interceded.
The days during 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 § 3 of Article 12 are deducted from the number of days that gave rise to the payment of contributions.
1.3. Contributions
Rule 51
Paragraph 1 of section 51 is amended to read:
Contributions by employers and employees are based on:
- either, on all gross remuneration capped under the conditions provided by theArticle R. 243-10 of the Social Security Code, converted to euros on the basis of the official exchange rate at the time of their perception, entering the social security contribution base provided for in Articles L. 242-1 et seq. 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 contribution base provided for Articles L. 242-1 et seq. of the Social Security Code, which would be perceived 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 54
Section 54 is amended to read:
§ 1st - Any payment must be accompanied by a voucher 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 not complied with its obligations under § 1st, the amount of the contributions shall be fixed on an interim basis in accordance with theArticle R. 242-5 of the Social Security Code.
Rule 55
Section 55 is amended to read:
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, in accordance with provisions of Article L. 130-1 of the Social Security Code.
Contributions not paid on the due date are subject to delay increases provided by theArticle R. 243-18 of the Social Security Code.
These delay increases, calculated on the amount of contributions due and unpaid, begin to run the day after the due date.
Can participate in the unemployment insurance scheme:
- employers not included in the territorial scope of the unemployment insurance scheme whose legal nature would allow them, in France, to be subject to the unemployment insurance scheme, for expatriate employees who cannot be considered as public servants, incumbent agents or statutory agents under applicable French or foreign legislation and not affiliated as compulsory;
- the international bodies, as well as the embassies and consulates of States other than the Member States of the European Union or party to the agreement on the European Economic Area (EEA) or that the Swiss Confederation located in France, for their employees affiliated with the general social security regime.
For its application to employers and employees referred to in 2.1, the annexed general regulations are amended as follows:
2.1.1. Benefits
Article 3
Section 3 is amended to read:
Private employees must justify periods of affiliation corresponding to periods of employment that resulted 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 the third and fourth books of the sixth part of the Labour Code, with the exception of those paid by the unemployment insurance scheme, are assimilated to days of payment of contributions within 2/3 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 (e) is amended to read:
(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.
Article 5
Article 5 is deleted.
Article 6
Article 6 is deleted.
Article 9
Article 9 § 1 is amended as follows:
§ 1st - Compensation periods are determined on the basis of:
- 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.
Compensation periods are 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 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 Articles L. 351-1 to L. 351-5 of the Social Security Code.
§ 2 - Paragraph 2 of Article 9 is deleted.
§ 3 - Paragraph 3 of Article 9 is without change from the general regulation annexed.
Article 10
Section 10 is amended to read:
In the case of participation in training activities paid by the State or regions, in accordance with the articles L. 5422-1, L. 5422-2 and L. 5422-3 of the Labour Code, the periods of compensation set out in Article 9 § 1(b) and (c) of this section are 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 11
Section 11 is amended to read:
The reference wage taken into consideration to determine the proportional portion of the daily allowance is equal to the product:
- contributions made for the 4 calendar quarters prior to the one in which the termination of the contract of employment occurred;
- by a coefficient 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 51 of this section and included in the reference period.
Article 13
Section 13 is amended to read:
The average daily reference wage is equal to the quotient of the reference salary, as defined under section 11 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 28
Article 28 is deleted.
Rule 29
Article 29 is deleted.
2.1.2. Contributions
Rule 49
Section 49 is amended to read:
§ 1st - 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 14 May 2014 Convention on the Compensation of Unemployment, the annexed General Regulations, its annexes and their present and future 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 1st day of the calendar quarter in which the above commitments were entered into.
§ 2 - Paragraph 2 is deleted.
§ 3 - Paragraph 3 is deleted.
Rule 51
Paragraph 1 of section 51 is amended to read:
Contributions by employers and employees are based on:
- or on all gross remuneration capped under the conditions provided by theArticle R. 243-10 of the Social Security Code, converted to euros on the basis of the official exchange rate at the time of their perception, entering the social security contribution base provided for in Articles L. 242-1 et seq. 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 contribution base provided for in Articles L. 242-1 et seq. of the Social Security Code, which would be perceived by the employee for corresponding functions carried out in France. The latter option can only be exercised at the time of affiliation and on a final basis.
Rule 54
Section 54 is amended to read:
Any payment must be accompanied by a slip on which the employees concerned are appointed, and, for each of them, the amount of remuneration for the calculation of contributions.
Rule 55
Section 55 is amended to read:
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, in accordance with provisions of Article L. 130-1 of the Social Security Code.
In the event of non-compliance by employers referred to in 2.1. of the obligations listed in sections 49 to 55 of this Part and in section 53 of the annexed General Regulation, as in the case of the production of false declarations, the provisions of the 14 May 2014 Convention on Unemployment Compensation will cease to apply.
Employees, who are informed of this situation, can then individually join the unemployment insurance scheme, under the conditions set out in Chapter 3.
Rule 58
Article 58 is deleted.
Rule 59
Section 59 is deleted.
Rule 60
Article 60 is deleted.
Rule 61
Article 61 is deleted.
2.2. Foreign shipping companies
Can also participate in the unemployment insurance scheme, the companies that embark on ships 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 the sailors nationals of these States who, during the duration of their navigation, are registered in a French maritime district, and are entitled to the benefit of the national marine establishment regime.
For its application to employers and sailors referred to in 2.2., the general regulation annexed to the May 14, 2014 Convention on Unemployment Compensation is amended as follows:
2.2.1. Benefits
Articles 3, 4, 9, 10, 11 and 13 are amended in accordance with the provisions of 2.1.1.
Sections 21 and 23 are amended in accordance with the provisions of Chapter 1 of Schedule II to the annexed General Regulations.
For the purposes of the amended sections of the annexed General Regulation and this section, the contract of maritime undertaking replaces the contract of work; the same applies to the unmodified articles of the annexed general regulations.
Article 1
Section 1 is amended to read:
Air travel personnel, whose contract of maritime engagement has ended, are entitled to the return-to-employment assistance allowance, if they meet, at one or more foreign shipping companies, conditions of activity known as periods of affiliation, as well as conditions of age, physical fitness, unemployment, registration as jobseekers, job search.
Rule 28
Article 28 is deleted.
Rule 29
Article 29 is deleted.
2.2.2. Contributions
Rule 49
Section 49 is amended to read:
§ 1st - Employers who use the faculty offered under section 2.2. 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.
§ 2 - Paragraph 2 is deleted.
§ 3 - Paragraph 3 is deleted.
Rule 53
Section 53 (2) is amended to read:
With respect to newly subject establishments, the first payment shall be made as soon as the first maturity date of the termination date provided for in section 49 of this section.
Rule 54
Section 54 is amended to read:
Any payment must be accompanied by a voucher on which the employees concerned are appointed and, for each of them, the amount of the remuneration for the calculation of the contributions.
Rule 55
Section 55 is amended to read:
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, in accordance with provisions of Article L. 130-1 of the Social Security Code.
The employer making use of the provisions of section 2.2. must deposit 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 undertaking had been affiliated, and at least twice that amount.
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 49 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 who are informed of this situation may adhere individually under the conditions set out in Chapter 3.
Can ask to participate individually in the unemployment insurance scheme:
- expatriate employees occupied by an employer referred to in 2.1. and 2.2. with the exception of expatriate employees employed by an employer affiliated with the compulsory unemployment insurance plan or by an employer affiliated on an optional basis under the provisions of this annex;
- expatriate employees occupied by an embassy, consulate or international organization 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 unemployment insurance scheme under the provisions of section 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 of the plan, 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 14 May 2014 on compensation for unemployment is amended as follows:
3.2. Benefits
Sections 3, 4, 9, 10, 11 and 13 are amended as indicated in section 2.1.1.
For employees of international organizations, Article 4 (a), (b), (d), (e) and (f): without change from Section 2.1.1.
Section 4 (c) 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 5
Article 5 is deleted.
Article 6
Article 6 is deleted.
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 1/12th of the reference salary by the reference daily salary.
Rule 28
Article 28 is deleted.
Rule 29
Article 29 is deleted.
3.3. Contributions
Rule 49
Section 49 is amended to read:
§ 1st - 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 agency that employs it to ensure that it can individually subscribe to the unemployment insurance plan under this section.
§ 2 - Paragraph 2 is deleted.
§ 3 - Paragraph 3 is deleted.
Rule 51
In section 51, a third paragraph is inserted as follows:
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 53
Section 53 is amended to read:
Contributions are due on 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 54
Section 54 is amended to read:
Any payment must be accompanied by a slip on which the amount of remuneration for the calculation of contributions is shown.
Rule 55
Section 55 is amended to read:
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, in accordance with provisions of Article L. 130-1 of the Social Security Code.
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.
The provisions of this section apply to employers whose business does not have an establishment in France and who must fulfil 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 employers and representatives referred to above, the general regulation annexed to the May 14, 2014 Convention on Unemployment Compensation and its annexes are amended as follows:
Rule 49
§ 1 of Article 49 is amended as follows:
§ 1st - 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.
§ 2 - Paragraph 2 is deleted.
§ 3 - Paragraph 3 is deleted.
Rule 58
Article 58 is deleted.
Rule 59
Section 59 is deleted.
Rule 60
Article 60 is deleted.
Rule 61
Article 61 is deleted.
4.2. Some border workers
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, maintain 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 1st, number 5, of this agreement.
4.3. Benefits
The case of border workers and other workers under section 4.2. shall be treated in accordance with the provisions of the general regulation annexed to the Convention of 14 May 2014 on the compensation of unemployment with respect to the conditions for the opening of rights to allowances, the determination of the duration of compensation and the modalities for the payment of benefits.
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.
Annex X
to the General Regulation annexed to the Convention of 14 May 2014 on the Compensation of Unemployment
Artists of the show
Having regard to the 18 January 2006 agreement on assistance for the return to employment and compensation for unemployment and the annexed general settlement;
Considering Article 6 of the Convention of 14 May 2014 on compensation for unemployment;
In view of Book IV of Part 5 of the Labour Code, and in particular Articles L. 5422-6, L. 5422-12, L. 5423-4 and L. 5424-20 for the application of the unemployment insurance scheme to intermittent professionals in cinema, audiovisual, diffusion and spectacle, in order to strengthen the follow-up of these beneficiaries in their career paths, the general regulation annexed to the January 18, 2006 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 the articles L. 7121-2, L. 7121-3, L. 7121-4, L. 7121-6 and L.7121-7 the Labour Code 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:
§ 1st - 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 § 1st.
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, those covering 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 annexed General Regulations is retained, subject to Article 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 work activity excluded from the scope of application of the plan are not taken into account, with the exception of that exercised in the context of Articles L. 3142-78 to L. 3142-80 of the Labour Code.
§ 3 - Also retained at 5 working hours per day, periods:
- maternity wardArticle 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;
- accident of work covered by theArticle L. 411-1 of the Social Security Code, which extend after the contract of employment.
§ 4 - The periods of care by health insurance, located outside the employment contract, extend the period in which the condition of affiliation referred to in § 1 or Article 10 § 1 is sought.
Article 4
Section 4 (c), (e) and (g) is amended to read:
(c) not having reached the age determined for the opening of the right to a pension within the meaning of 1° of Article L. 5421-4 of the Labour Code or non-retirement under sections L. 161-17-4, L. 351-1-1, L. 351-1-3 and L. 351-1-4 of Social Security Code and third and seventh paragraphs of section 41 of Act No. 98-1194 of 23 December 1998 Social Security Funding for 1999.
However, persons who have reached the above age without being able to justify the number of quarters of insurance required within the meaning of Articles L. 351-1 to L. 351-5 of the Social Security Code (all plans) (21), 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 2° of Article L. 5421-4 of the Labour Code.
[The rest of this paragraph is unchanged]
(e) have not voluntarily left, unless provided 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 subparagraph is deleted.
Article 5
Article 5 is deleted.
Article 6
Article 6 is deleted.
Article 7
Section 7 is amended to read:
The training activities referred to in the third and fourth books 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 the limit of 2/3 of the number of hours fixed in Article 3 or 10 § 1st.
The teaching hours provided by the 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 § 1 or 10 § 1st.
The 55-hour limit is extended to 90 hours for artists aged 50 years and 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 2/3 of the number of hours of training referred to in the 1st paragraph above.
Article 10
Section 10, paragraphs 1st, 2(b) and 3, is amended to read:
§ 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 in charge of this Schedule or Schedule VIII and cannot justify the period of affiliation referred to in Article 3, it is sought for a period of 48 hours per 30-day period beyond the 335th day before the end of the work contract17.
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 335th day is reduced from 48 to 45 hours of work (22).
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 must retain the copy of the certificate issued by his employer pursuant to theArticle R. 1234-9 to R. 1234-12 of the Labour Code, to be able 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:
§ 1st - The compensation period is 243 days.
§ 2 - By exception to § 1 above, allocatories aged 62 continue to receive the daily allowance they receive up to the deadlines set out in Article 33 § 2 (a) of the annexed General Regulation, if they meet the following conditions:
- be in compensation;
- justification for 9,000 hours of work carried out under this Schedule or Annex VIII, of which 1,521 hours in the last three years, or at least 15 years of affiliation with the unemployment insurance scheme, or for periods assimilated to those jobs defined by an application agreement;
- justification for 100 quarters validated by old age insurance in the sense of Articles L. 351-1 to L. 351-5 of the Social Security Code.
The age provided for in the first paragraph of this article is 61 years and 2 months for allocataries born in 1953 and 61 years and 7 months for those born in 1954.
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:
§ 1st - 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 Regulations annexed and included in the reference period, the incomplete months being counted prorated.
Article 22
Section 22 is amended to read:
§ 2 - The second paragraph of Article 22 § 2 is supplemented by the following text: the same is 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 (AJ) under sections 3 and following is the amount resulting from the following formula:
AJ = A + B + C
| A = | AJ minimum23 x [0.40x SR24 (up to 12 000 €) + 0.05 x (SR4 - 12 000 €)] |
| NH25 x SMIC hours26 |
| B = | Minimum YJ3 x [0.30 x NHT27 (up to 600 hours) + 0.10 x (NHT7 - 600 hours)] |
| NH6 |
C = AJ minimum3 x 0.70
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 1/365th 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 20,34 €18.
Rule 26
Paragraph 2 of Article 26 is amended to read:
§ 2 - 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 participation may not have the effect of determining a daily allowance less than the minimum allowance referred to in section 2319.
The proceeds of this participation are allocated to the financing of the comprehensive pension plans for allocataries of the unemployment insurance plan.
Rule 28
Section 28 is amended to read:
The Board of Directors or the Bureau of the Unédic shall, once a year, carry out the revalorization of 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 Board of Directors or the Bureau shall also revalue all allowances, or portions of allowances in a fixed amount.
These decisions of the Board of Directors or Bureau take effect on 1 July of each year.
Rule 29
Section 29 is amended to read:
§ 1st - The support is deferred to the expiry of the deferred compensation calculated as follows:
| Compensation difference = | Salary of the reference period | - | (1.68 × SMIC hours × Number of hours worked) |
| Average daily salary at 350 euros |
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 7 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 Article 56 § 1st.
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 of work performed at 10 hours per day, the number of days of involuntary employment indemnity during 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 the coefficient 1.3.
Remunerations from occupational activity(s) (s), for a given calendar month, are cumulative with the daily allowances to be used for the number of compensable days determined in the preceding paragraph during the same month, within the limit of 1.4 times the monthly ceiling of social security referred to in the preceding paragraphArticle L. 241-3 of the Social Security Code.
Where the sum of the remuneration from the professional activity(s) and the unemployment benefits payable under the specified number of compensable days exceeds the monthly cumulative ceiling referred to in the above paragraph, the allotted person shall be compensated for the difference between the cumulative ceiling and the sum of the remuneration collected for the calendar month in question.
In the case of application of this ceiling, the number of compensable days, rounded to the upper edge, is the quotient of the difference referred to in the paragraph above by the amount of the daily allowance defined under section 23 to 26.
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
Article 56, paragraph 1st, first paragraph, and paragraph 3 is amended to read:
§ 1st - Employers included in the scope set out in Article 1 § 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 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 annexed general regulation.
The Bureau of the Unédic should be periodically informed about the implementation of the procedure for assigning the object number.
Rule 59
It 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 incoming remuneration, converted if applicable to euros on the basis of the official exchange rate at the time of their perception, in the base of the social security contributions provided for in the Articles L. 242-1 et seq. of the Social Security Code.
However, the contributions are excluded, the remuneration exceeding, employer by employer, 4 times the ceiling of the old-age social security insurance plan covered by theArticle L. 241-3 of the Social Security Code.
Rule 60
Section 60 is replaced by the following text:
§ 1st - The funding for 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:
6.40 per cent, 4% at the expense of employers and 2.40 per cent at the expense of 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:
6.40 per cent, 4% at the expense of employers and 2.40 per cent at the expense of employees.
§ 2 - By derogation, the share of the employer's expense contribution to the financing of compensation resulting from the application of the Common Law Rules of Unemployment Insurance, referred to in the previous paragraph, is determined as follows:
7% for fixed-term employment contracts of less than or equal to 1 month;
5.5% for fixed-term employment contracts of more than 1 month and less than or equal to 3 months;
4.5% for fixed-term employment contractsArticle L. 1242-2 3° of the Labour Code, except for seasonal jobs, of a duration of less than or equal to 3 months.
§ 3 - The employer's share of the contribution remains set at 4%:
- provided that the employee is hired by the employer in an indefinite contract after the fixed-term contract;
- for all temporary work contracts Articles L. 1251-1 et seq. of the Labour Code and fixed-term contracts 1°, 4° and 5° of Article L. 1242-2 of the Labour Code.
Rule 61
Section 61 is replaced by the following text:
Contributions are payable 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 the periods of employment and the changes to those periods that were 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 annexed general regulation. »
Paragraph 3 of section 62 is deleted.
Rule 65
Section 65 is amended to read:
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 § 3, 62, 63, 67 and 74 to the good faith debtors justifying the impossibility in which they have been unable, 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 as follows: 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 June 30, 2014.
ANNEX XI
To the general regulation annexed to the Convention of 14 May 2014 on compensation for unemployment
apprentices and holders of a professionalization contract
The provisions of this annex shall apply to employees who have involuntaryly been deprived of employment who have benefited from an opening of unemployment insurance rights following the termination of a labour contract concluded under the articles:
- L. 6221-1 et suivants du Labour code relating to the learning contract;
- L. 6325-1 et seq. duo Labour code relating to the professionalization contract.
For its application to employees defined above, the general regulation annexed to the Convention of 14 May 2014 on compensation for unemployment is amended as follows:
Rule 26
A third paragraph is added to section 26:
§ 3 - The private employee of employment, who has ceased to benefit from the service of the allowances to which he was admitted following the termination of a contract of apprenticeship or a contract of professionalization, and which justifies one or more periods of employment under the conditions set out in title 1, may opt for the opening of rights to which it would have been carried out in the absence of a balance of rights.
In this case, the balance of rights arising from the opening of rights following the end of the apprenticeship contract or the contract of professionalization is considered to be dropped.
The option may be exercised on the occasion of a resumption of rights throughout the original law; She's irrevocable.
Rule 40
The following paragraphs are added to § 2 of Article 40
When the Allator asks for the resumption of his rights and may be entitled to a balance of rights following the end of a learning contract or a professionalization contract, he is advised of the possibility of exercising the option described in Article 26 § 3.
It is informed of the irrevocable nature of the option, the loss of the resulting balance of rights, and the characteristics of each of the two rights, including the duration and amount of the daily allowance.
The option may be exercised within 21 days of the date of notification of the information referred to above.
The decision of the Allator must be formalized in writing.
Application Agreement No. 1 of 14 May 2014 for the application of the annexed general regulations and the annexes to the general regulations annexed to the Convention of 14 May 2014
Determination of applicable regulations: opening of rights, charging of rights, calculating the reference salary
§ 1st - The regulation used to assess the rights of a private employee of employment is, normally, the regulation under which the employee was placed by virtue of the activity that he exercised immediately before the last termination of the employment contract, subject to:
- that it fulfils the requirement for the duration of work, membership or duration of payment of contributions required by the regulations under consideration for activities under this regulation;
- that, in the absence of satisfying the previous condition, it has, in the activity in question, carried out a minimum of hours of work in one or more companies under the unemployment insurance scheme, belonged for a minimum period of time to such enterprises, or carried out activities that gave rise to the payment of contributions for a minimum period of time, this for the 3 months preceding the end of the contract of work taken into consideration for the opening of rights.
The minimum number of days of belonging so required is:
- 30 days for the application of the annexed general regulations and annexes I and IX (Chapter 1).
The number of hours of work required is:
151 hours for the application of the annexed general regulations and annexes IV, V and IX (Chapter 1st);
- 210 hours for the application of Appendix II (chapter 1) and Appendix IX (rub. 2.2.)
- 30 days of administrative boarding is required for the purposes of Appendix II and Appendix IX (Rubrical 2.2.);
- 45 vacations are required for the purposes of Appendix III;
- the minimum duration of activities for which contributions must be paid is 30 days for the purposes of Appendix IX (Chapters 2 and 3).
If none of the foregoing conditions are met under the most recent activity, it is the last activity on which one of these conditions is met that determines the applicable regulations, provided that the time elapsed between the date of the termination of the employment contract, the reason for the termination of the activity so determined, and the time when the employee registers as an applicant for employment, is less than 12 months.
The 12-month period in question is extended, if any, under the conditions set out in Article 7 of the annexed General Regulations.
§ 2 - Once the applicable regulations are determined, it shall be taken into account for the assessment of the working time or duration of membership, as the minimum time for payment of contributions, the equivalences provided for in § 8 below.
§ 3 - If, within the framework of the applicable regulations, the private employee of employment does not meet the conditions for the opening of the rights referred to in the preceding paragraph, the rights may be opened to the employee by taking into consideration, under the conditions provided for in the penultimate paragraph of § 1 of this implementing agreement, the last activity under which the provisions referred to in § 1 and § 2 above are both satisfied.
§ 4 - Where a private employee of employment cannot claim either the opening of a period of compensation or the payment of the balance of a period of compensation, but may justify, in the light of the equivalence rules set out in § 8 below:
- having completed 610 hours of work in one or more companies under the unemployment insurance scheme;
- or having belonged to such companies for 122 days in the course of:
- 28 months prior to the date of the termination of the employment contract, cause the termination of the activity under the plan, if it is less than 50 years old at the date of the termination of the employment contract;
or
- 36 months before the date of the termination of the employment contract, cause the termination of the activity under the unemployment insurance plan, if it is 50 years of age and older on the date of the termination of the employment contract;
the employee shall be paid a period of compensation of 122 days, during which he shall receive the daily allowance of an amount equal to the amount referred to in the last paragraph of section 14 of the General Regulations annexed to the limit of the limit provided for in section 16, provided that the time elapsed between the time the person is in a position to benefit from the allowance and the date of the last extended period of employment contract taken into account is less
§ 5 - On the date of exhaustion of the rights, where a private employee of employment may justify, in the light of the equivalency rules set out in § 8 below, having completed at least 150 hours of work in one or more companies under the unemployment insurance scheme under the activities carried out previously at the end of the rights, the charge of the rights as defined in article 28 of the annexed general regulation may be taken.
Reloading within the meaning of Article 28 of the annexed General Regulation is made under the regulations applicable at the previous opening of rights where the condition of affiliation provided for in Article 3 of the annexed General Regulation, sought under the conditions of § 1 of this Agreement of Application, is not fulfilled.
§ 6 - When in the period taken into account for the calculation of the reference salary, the employee had held several jobs under different regulations, the salary is determined as follows:
(a) - for periods of work under the annexed general rules or annexes in which the remuneration for the periods concerned shall be taken into account;
- for periods of work that fall under schedules in which actual remuneration is taken into account during these periods, these shall be taken into account;
- for periods of work under Schedule IX (Chapters 2 and 3), these are salaries for contributions made for those periods;
(b) the sum of such wages, after the application of articles 11, 12 and 13 of the annexed general regulations or annexes, determines the reference wage and the reference daily wage.
§ 7 - If the application of the provisions set out in the above paragraphs is as follows:
- to assess the rights of a private employee of employment in a regulation that does not correspond to that of which he or she usually reports;
- or to calculate the entitlements of a private employee of employment from substantially reduced remuneration compared to his or her usual remuneration;
it may be decided on an ex officio basis or at the request of the individual, to compensate the individual by taking into account:
- the last job corresponding to its usual activity;
- or the last job for which he received remuneration that may be considered normal; this provision also applies where the activities carried out fall under the same regulation;
this subject to the fact that the termination of the employment contract, the cause of the termination of the activity, has not occurred for more than 12 months at the date on which compensation fees have been opened or to the maximum for more than 15 months, if the person concerned has been in one of the situations referred to in Article 7 of the annexed General Regulation.
The above-mentioned deadlines are not enforceable to the individual 55 years of age and older when the contract of employment is terminated.
§ 8 - For the application of the preceding paragraphs, 1 day of affiliation = 1 day of administrative boarding = 2 vacations = 1 day of contributions = 5 hours of work.
§ 9 - When the activities taken into consideration for the opening of the rights are set out in Appendix VIII or Appendix X to the annexed General Regulation, the rights of the private employment worker are assessed according to the following provisions:
- the condition of affiliation shall be determined by totaling the hours of work performed under Annexes VIII and X respectively within 304 days and 319 days before the end of the employment contract;
- the applicable regulation is that of the schedule that corresponds to the activities that have made it possible to determine the most significant affiliation during the reference periods prior to the end of the employment contract.
Agreement of application No. 2 of 14 May 2014 for the application of Article 18 § 1 of the General Regulation annexed to the Convention of 14 May 2014 on the Compensation of Unemployment
Cumulative replacement income with old age advantage
A private employee of employment who seeks to benefit from the benefits of the unemployment insurance plan, while he or she may claim the payment of one or more old-age benefits, or other alternative incomes of a viager, direct (s), liquidated (s) or liquidable (s), is entitled to an unemployment insurance allowance calculated according to the provisions of the annexed general regulation and its annexes, under the following conditions:
- before 50 years, the unemployment insurance allowance is fully cumulative with the benefit or benefits referred to above;
- between 50 years and 55 years, the insurance allowance is reduced by 25% of the benefit or benefits referred to above;
- between 55 years and 60 years, the insurance allowance is reduced by 50% of the benefit or benefits referred to above;
- from 60 years old, the insurance allowance is reduced by 75% of the benefit or benefits referred to above.
All the benefits of old age or other direct benefits of a viager, liquidated or liquidable character must be deducted from the allowance, the acquisition of which is made mandatory in the company.
In all cases, the amount obtained may not be less than the amount of the allowance referred to in section 14 last paragraph, within the limits set out in sections 15 to 17 of the annexed general regulation.
Agreement of application No. 3 of 14 May 2014 for the application of Article 18 § 1 of the General Regulation annexed to the Convention of 14 May 2014 on the Compensation of Unemployment
Maintenance of alternative income with military pension
Considering the Act No. 96-1111 of 19 December 1996 on measures for military personnel in the professionalization of the armed forces.
The following accompanying provision was agreed:
Employees involuntaryly deprived of employment, whose age is less than the expected age of employment 1° of Article L. 5421-4 of the Labour Code, which benefit from a military pension may, by derogation from the application agreement No. 2, receive the unemployment insurance allowance without reduction.
Agreement of application No. 4 of 14 May 2014 taken for the application of Article 4 § 1st, paragraphs 5, 6 and 8 of the Convention of 14 May 2014 on compensation for unemployment
Method of calculating the reduction in rates of assessment
§ 1st - For the determination of the operating result, it is retained the total of the technical management results accounts, administrative management and financial products and expenses as part of the unemployment insurance balance for the semi-annual accounting period.
In order to assess the level of indebtedness of the unemployment insurance plan, are taken into account:
- borrowings and financial debts, deducting from acquired securities and assets available on bank accounts;
- the balance of the contribution due to the institution referred to in theArticle L. 5312-1 of the Labour Code pursuant to Article L. 5422-24 of the same code entered in the books of the Unédic.
§ 2 - For the determination of the amount of contributions referred to in Article 4, paragraphs 5 and 6, § 1 of the Convention, shall be taken into account the cash contributions referred to in the Articles L. 5422-9, L. 5422-11 and L. 5424-20 the Labour Code and the contribution provided in Articles 4 § 3 and 4 § 4 of the Convention.
§ 3 - For the determination of the reduction in the rates of contributions, the following rule is applied to obtain a rounded amount to the one hundredth point:
- if the third digit after the comma is equal to or greater than 5, the rounding is carried out at the centth of the higher point;
- if the third digit after the comma is less than 5, the rounding is carried out at the centth of the lower point.
This reduction should not have the effect of decreasing by more than 0.4 points the overall rate of contributions over a 12-month period from the effective date.
§ 4 - The reduction in contribution rates results from the 1st day of the semester following the semester in which the calculation was made.
§ 5 - The Bureau of the Unédic is informed of the reduction of the rates of contributions resulting from the application of the provisions of Article 4 § 1st, paragraphs 5, 6 and 8 of the Convention.
.
Agreement of application No. 5 of 14 May 2014 for the application of Articles 11 and 12 of the General Regulations annexed to the Convention of 14 May 2014 on the Compensation of Unemployment
Cases of employees who were more than a reduced activity in their business or received only a reduced salary on the eve of the termination of their employment contract
The reference wage taken into account in setting the amount of the daily allowance is based on the remuneration used to calculate contributions for the 12 calendar months prior to the last day of work paid to the individual.
§ 1 - However, when an employee:
(a) agreed to work part-time under a Part-time Transition Assistance Agreement concluded pursuant to the Articles R. 5123-40 and R. 5123-41 the labour code, and was terminated or whose contract of work has been the subject of a conventional rupture within the meaning of articles L. 1237-11 et seq. of the Labour Code during the period of 2 years corresponding to the implementation of the device or at the end of that period;
(b) accepted the benefit of a progressive pre-retirement agreement referred to informer article R. 322-7 of the Labour Code, and has been terminated or whose contract of work has been the subject of a conventional rupture within the meaning of articles L. 1237-11 et seq. of the Labour Code during the application of the convention;
(c) has been authorized by social security to resume part-time employment by remaining indemnified for daily allowances, pursuant toArticle L. 433-1, paragraph 3 of the Social Security Code, and has been terminated or whose contract of work has been the subject of a conventional rupture within the meaning of articles L. 1237-11 et seq. of the Labour Code during this period;
(d) benefited from a part-time parental education leave targeted to Articles L. 1225-47 to L. 1225-60 of the Labour Code, or a parental leave provided for in sections L. 1225-62 to L. 1225-65 of the same code and was terminated or the contract of work was the subject of a treaty break within the meaning of articles L. 1237-11 et seq. of the Labour Code during this leave;
(e) has been granted a career termination leave or an early termination of activity, provided for by a collective agreement or agreement and has been terminated or the contract of work has been terminated in the sense of a conventional termination articles L. 1237-11 et seq. of the Labour Code during such leave or period of early termination of activity;
f) was compensated for the partial activity referred to in theArticle L. 5122-1 of the Labour Code, and was terminated or whose contract of employment was the subject of a conven-tional rupture within the meaning of articles L. 1237-11 et seq. of the Labour Code during this period;
(g) has benefited from a part-time work period for the creation or resumption of business under the Articles L. 3142-78 to L. 3142-80 of the Labour Code, and has been terminated or whose contract of work has been the subject of a conventional rupture within the meaning of articles L. 1237-11 et seq. of the Labour Code during this period;
it may be decided on an ex officio basis or at the request of the assignee to retain as a reference salary, for the calculation of the allowances, the remuneration received or related to the period immediately preceding the date on which the situation ceased to be considered normal.
§ 2 - The same is true when an employee has been in one of the following situations and to the extent that they have not extended beyond one year:
(a) agreed, because of the exceptional situation in which his business was located (judicial litigation - judicial recovery), to continue to carry on an activity following a reduced work schedule that ceased to be compensated under partial activity, with the contingent of compensable hours as such being exhausted;
(b) or, has agreed to continue to exercise its activity following a reduced work schedule decided at the level of a production unit by a collective agreement or agreement concluded due to economic difficulties;
(c) or, as a result of an illness or accident, in the company in which it was previously occupied, accepted new functions less paid than previous ones;
(d) either, has accepted, as a result of economic difficulties, and pursuant to a collective agreement, to exercise the same activity according to the same schedule, in return for a reduced salary.
Agreement of application No. 6 of 14 May 2014 for the application of Article 12 § 3 of the General Regulation annexed to the Convention of 14 May 2014 on the Compensation of Unemployment
Increases
§ 1st- The amount of replacement income paid to a private employee of employment must be in relation to the remuneration that the employee normally received during the period of work used as a reference to the calculation of the amount of replacement income.
As such, the remuneration or increases resulting in their principle and amount shall be taken into account in the reference salary:
- legislative or regulatory provisions, the provisions of a collective agreement or agreement or a unilateral decision to revalue general wages in the company or establishment during the reference period;
- the transformation of a part-time employment contract into a full-time employment contract, or, more generally, an increase in working time, a change of employer, a promotion or attribution of new responsibilities effectively exercised.
§ 2 - The increases in pay observed during periods of leave and period of notice and which are not explained by one of the causes referred to in § 1 are not taken into account in the reference wage.
The other increases in remuneration observed during the reference period and which are not explained by any of the causes referred to in § 1st may only be taken into account by a favourable decision of the regional parity proceeding.
Agreement of application No. 7 of 14 May 2014 for the application of Article 15 of the General Regulation annexed to the Convention of 14 May 2014 on the Compensation of Unemployment
Part-time work
Pursuant to Article 15, where the private employment employee exercised his or her activity on a schedule less than the legal period in respect of him or her or the period established by a collective agreement or agreement, the amount of the fixed part referred to in Article 14, 2nd dash, and the amount of the minimum allowance provided for in the last paragraph of this Article, shall be affected by a reduction factor.
This coefficient is equal to the quotient obtained by dividing the number of hours of work corresponding to the time of the person concerned during the period used to calculate the reference salary, by the legal schedule or schedule of the agreement or collective agreement corresponding to the same period.
Agreement of application No. 8 of 14 May 2014 for the application of Articles 40 to 45 of the General Regulations annexed to the Convention of 14 May 2014 on the Compensation of Unemployment
Instruction of the application for allowances and information of the private employee of employment
§ 1st - Information upon request for allowances
Claim forms indicate to the private employee of employment that any change in his or her personal or professional situation that may alter his or her care conditions must be communicated immediately. These include changes affecting:
- the amount of the allowance;
- the duration of open law;
- the number of compensable days;
- the conditions for recovery of unduly paid amounts;
- the determination of the severable fraction of the allowances.
§ 2 - Receivability of claim for allowances
The application for benefits is admissible as long as it is completed, dated and signed, and that the private employee of employment has submitted his health insurance card ( Vital Card) or, if not, a certificate of subjugation to one of the social security schemes managed by the French Caisse abroad.
Otherwise, it is returned to the interested party with the request for missing elements.
In all cases, the filing of the claim for benefits and its possible return to the private employee of employment are registered.
§ 3 - Instruction of application for allowances and examination of rights for recharging
Where the information provided by the private employee of employment in the application for benefits is sufficient to open a right or allow for the resumption of the payment of the allowances, the employee shall be instructed from the date of registration for notification to the employee, even if additional information is likely to change the amount of the insurance allowance or the duration of the open law.
In this case, the notification of the right is accompanied by a request for additional documents.
In any case, the claims for allowances and the repayment of the allowances must be accompanied by the elements to assess the involuntary nature of the unemployment of the person concerned.
Where no right can be opened in the absence of the necessary information, an application specifying the list of the required additional documents and their deadline for communication is addressed to the interested party. The sending and return of the rental claim and additional parts are registered.
In the absence of receipt of the additional documents within the time limit, the interested party is informed of the deadline for communicating the missing elements. At the end of this period, in the absence of receipt of additional parts, the application for allowances is filed without further action.
The elements taken into account for reloading are communicated to the allocator at least 30 days before the date of exhaustion of rights. The absence of a response from the individual within this period does not fail to reload or to the ability of the individual to post-release additional or corrective information. Where applicable, the right derived from reloading is amended and is notified to the individual in accordance with § 4.
§ 4 - Notification of the decision
The notification of the admission decision for the benefit of the insurance allowance includes information relating to the name of the allowance, on the date of the first day indemnified, the duration of the open right, the amount of the reference salary and the daily amount of the allowance. It specifies the replacement rate for the amount of the allowance as a percentage of the gross amount of the reference salary.
It also includes information relating to the interest of a resumption of professional activity and the consequences of the loss of a professional activity held in compensation. In particular, it states that, following a termination of compensation of at least 3 consecutive months, any resumption of the payment of the allowances may be effected only after the filing of an application with evidence of the involuntary nature of the unemployment of the person concerned.
The notification of receipt of the allowance also specifies the date on which the payment of the allowances is continued.
The notification of the charging of rights includes the elements used for the calculation of the allowance and the determination of the compensation period.
When the individual fails to meet the terms and conditions for the award or resumption of the payment of the allowances, a notice of rejection is sent to the employee, including the reason for the decision and the reference to the regulation. This is particularly true when it cannot be justified from the condition of unintentional unemployment provided for in Article 26 § 1st.
When the decision can be made after consideration of the application by the Regional Parity Instance, the private employee of employment is informed of the applicable procedure and the date on which the application will be examined. As soon as the competent authority has decided on its application, a notification shall be sent to the informant of the decision.
The notification templates including the information elements referred to in this paragraph are subject to prior review by the Office of the Unédic.
§ 5 - Timeliness and implementation
The multi-year convention under theArticle L. 5312-3 of the Labour Code specifies the processing and notification times for the admission or rejection of the application for allowances.
Agreement of application No. 9 of 14 May 2014 for the application of Articles 9 § 1st, 28 and 29 of the General Regulations annexed to the Convention of 14 May 2014 on the Compensation of Unemployment
End-to-end activities and undue benefits
§ 1st - The activities reported at the end of each month and subsequently certified by the sending of a ballot (s) of pay are considered to be regularly reported to expire.
§ 2 - Undue benefits are paid for unreported business days.
§ 3 - Any period of unreported activity shall be reported to the individual upon his or her finding. This information includes the implementation of the provisions of § 4.
§ 4 - When an undeclared activity period of more than 3 calendar days in the calendar month is observed, the undeclared activity period is not taken into account in the search for affiliation for a duty opening or recharging and the corresponding remuneration is not included in the reference salary.
In the case that the application of these provisions would result in an insufficient period of affiliation with respect to the required duration of affiliation under section 28, the period of undeclared activity may be determined by a favourable decision of the regional parity proceeding.
Agreement of application No. 10 of 14 May 2014 for the purposes of articles 24 last paragraph and 32 of the General Regulations annexed to the Convention of 14 May 2014 on the Compensation of Unemployment
Advances and advances
§ 1 - Payments
Benefit deposits correspond to partial payments to be claimed on the amount of an amount due to normal maturity.
In the course of months, a deposit may be paid to the individual on his or her application.
This deposit corresponds to the number of compensable days multiplied by the daily amount of the allowance served to the individual.
§ 2 - Advances
The advances on benefits provided for in section 24 last paragraph and 32 of the annexed General Regulations shall, at the end of a preliminary calculation, correspond to the payment of an amount made prior to the transmittal of the proof of remuneration received in the course of the performance of a professional activity within the meaning of sections 30 to 32 of the annexed General Regulations.
The number of compensable days determined at the end of this transaction is affected by a coefficient fixed by decision of the Board of Directors of the Unédic; this coefficient cannot be less than 0.8.
The amount of the advance shall be calculated on the basis of the remuneration declared by the allotted party in accordance with the terms set out in section 30, paragraph 2, of the annexed general regulation and on the basis of the net daily amount of the allowance served to the individual.
Agreement of application No. 11 of 14 May 2014 for the application of Article 30 of the General Regulation annexed to the Convention of 14 May 2014 on the Compensation of Unemployment
Non-employed professional activity
The terms and conditions for the cumulative return-to-employment assistance allowance with compensation provided by the exercise of a non-earmarked work activity are those of sections 30 to 33 of the annexed general regulation, subject to the following adjustments.
For the purposes of section 31, the number of calendar days is determined as follows:
- 70% of the social insurance wages are exempt from the total amount of the daily allowances that would have been paid for the month in the absence of a resumed activity;
- the result obtained is divided by the amount of the daily allowance determined in articles 14 to 18;
- the quotient thus obtained, rounded to the upper integer, corresponds to the number of compensable days of the month;
- the cumulative amount of allowances and remuneration cannot exceed the monthly amount of the reference salary.
For creators or business owners placed under the micro-social regime, including self-entrepreneurs, the remuneration referred to in the preceding paragraph is the turnover to which the lump sum for professional expenses referred to in the articles is applied. 50-0 and 102 ter the general tax code.
When compensation from non-employed business cannot be determined, a provisional calculation of the number of days indemnified from a flat base equal to a percentage of the annual value of the social security ceiling provided for in theArticle L. 241-3 of the Social Security Code effective January 1 of the year in respect of which instalment contributions are due (Article D. 131-1 of the Social Security Code).
Annual regularization is carried out on the basis of actual remuneration for social security contributions.
Agreement of application No. 12 of 14 May 2014 for the application of Article 48 of the General Regulation annexed to the Convention of 14 May 2014 on the Compensation of Unemployment
Cases subject to review of the circumstances of the species
The general regulation annexed to the May 14, 2014 Agreement on Unemployment Compensation, its annexes and implementing agreements have, in several situations, that the response to a claim for benefits presupposes a review of the circumstances of the case.
The purpose of this Agreement is to list the categories of cases in which the annexed General Regulations presume a particular examination and to set out the circumstances that must be taken into account by the bodies authorized to decide.
Once the allowances are received or the rights are resumed, the allowances are calculated and paid according to the rules of common law.
§ 1st - Voluntary departure of previously occupied employment
An opening of entitlement to allowances or a refill or a resumption of rights may be granted to the employee who has voluntarily left his or her employment, and whose unemployment status extends against his or her will, provided that the following conditions are met:
(a) the person concerned must have left the employment under which the allowances have been denied to him, for at least 121 days or in the case of an application for recharging rights under section 28, having exhausted his rights for at least 121 days;
(b) it shall meet all the conditions to which the annexed general regulation shall require the opening of a period of compensation, except that provided for in section 4(e);
(c) it must finally provide evidence of its active employment research, as well as its possible short-term employment and its steps to undertake training activities.
The starting point for the payment of the allowances or the recovery of the rights granted is the following 122nd day:
- the end of the employment contract under which the allowances were refused under section 4 (e) and cannot be preceded by the registration as an applicant for employment;
- the date of depletion of rights when it is a reloading application under Article 28.
The 121-day period is extended by periods indemnified for daily social security allowances of at least 21 consecutive days.
The starting point for the payment of the allowances or the recovery of the rights is shifted from the number of days and cannot be pre-registered as a job applicant.
The examination of this situation is carried out at the request of the individual.
§ 2 - Cases of appreciation of increased remuneration
In accordance with the last paragraph of § 2 of the application agreement No. 6 on the higher wages, the regional parity proceeding determines the appropriateness of taking into account in the reference salary, the increases in remuneration other than those referred to in § 1 and paragraph 1 of § 2 of the above-mentioned application agreement.
The examination of this situation is carried out at the request of the individual.
§ 3 - Appreciation of certain conditions of opening rights
It is the responsibility of the regional joint body to decide on the rights of the persons concerned, on the annexed general regulation applicable to the calculation of these rights, in cases where, on the occasion of the instruction of a file, one of the following questions arise:
a) absence of an employer's attestation to assess whether the conditions of work or membership are met;
(b) Appreciation of the same conditions in the cases of employees working in the task;
(c) dispute over the nature of the previous activity;
(d) acknowledging the existence of a subordination link, a characteristic element of the labour contract.
§ 4 - Maintenance of benefits
The continuation of the payment of the allowances under Article 9 § 3 of the annexed General Regulation may be granted, by decision of the regional parity proceeding, to allocataries:
(1) for which the termination of the employment contract which allowed the opening of the rights to allowances occurred as a result of a resignation;
(2) Licensees for economic reasons who, although listed on the nominative list of persons likely to adhere to an FNE agreement (list established for the application of articles R. 5123-12 to R. 5123-21 of the Labour Code), opted for the unemployment insurance system.
§ 5 - Unduly received benefits and benefits
Persons who have unduly perceived all or part of the allowances and/or benefits or who have knowingly made inaccurate declarations or presented false certificates, in order to obtain the benefit or continuation of the service of the benefits, must refund to the unemployment insurance the amounts unduly collected by them, without possibly prejudice to the criminal sanctions resulting from the application of the legislation in force.
Interested parties may request a remission of debt from the regional parity proceeding referred to in section 48 of the annexed general regulation.
§ 6 - Payment of delay increases and penalties and payment times
Remittances of delays and penalties and time limits for payment of contributions under section 57 of the annexed General Regulations are granted by regional joint bodies on employer appeal.
§ 7 - Remediation or judicial liquidation
The regional parity proceeding must be seized for agreement prior to any reorganization or judicial liquidation of an employer in arrears with unemployment insurance contributions.
§ 8 - Review in case of absence of an activity period declaration
In accordance with the last paragraph of § 4 of the application agreement No. 9, the regional parity proceeding may decide that the unreported activity period is taken into account in the search for affiliation under Article 28.
Agreement of application No. 13 of 14 May 2014 taken for the assessment of the age condition provided for in the General Regulations annexed to the Convention of 14 May 2014 on the Compensation of Unemployment, its Annexes and Implementing Agreements
Employment applicants whose civil registration documents refer only to the year of birth, without months or as a calendar, are deemed to have been born on December 31, for the purposes of the provisions of the general regulation annexed to the May 14, 2014 Convention on the Compensation of Unemployment, Annexes and Implementing Agreements, which presuppose that the applicant's age is known accurately.
However, job seekers of Greek or Turkish nationality are considered born on 1 July if their month of birth is unknown.
If only the year and month of birth are known, these persons are considered born on the 1st day of the month of birth.
Agreement of application No. 14 of 14 May 2014 for the application of Articles 2, 4 (e) and 26 § 1 (b) of the General Regulation annexed to the Convention of 14 May 2014 on compensation for unemployment
Cases of resignation considered legitimate
§ 1st - Is deemed legitimate, the resignation:
(a) an employee under the age of 18 who breaks his employment contract to follow his or her ascendants or the person who exercises parental authority;
(b) the employee who breaks his employment contract to follow his or her spouse who changes his or her place of residence in order to exercise a new employment, employee or non-employee.
The new job may include:
- be occupied as a result of a mutation within a company;
- be the consequence of an employer change decided by the individual;
- correspond to the entry into a new business by a worker who was previously deprived of activity;
(c) the employee who breaks his employment contract and whose departure is explained by his marriage or the conclusion of a civil pact of solidarity resulting in a change of place of residence of the person concerned, provided that less than 2 months pass between the date of resignation or the termination of the employment contract and the date of marriage or the conclusion of the civil pact of solidarity;
(d) the employee who breaks his employment contract to follow his or her disabled child admitted to a reception structure whose distance leads to a change of residence.
§ 2 - It is deemed legitimate, the rupture at the initiative of the employee, a contract of insertion by the activity or a youth employment contract to exercise a new job or to follow a training action.
Is also deemed legitimate, the termination on the initiative of the employee of a single contract of insertion - contract initiative-employment (CIE) for a fixed-term period, of a single contract of insertion - contract of support in employment (CAE) or of a contract insertion-revenue minimum of activity (CI-RMA) for employment under a fixed-term contract of at least 6 months or under contract of employment provisions of Article L. 6314-1 of the Labour Code.
Also considered legitimate, the breaks at the initiative of the employee in the following situations:
§ 1st - The resignation for non-payment of wages for work periods, provided that the employee justifies a referral order granting him a provision of sums corresponding to salary arrears.
§ 2 - The resignation that occurred as a result of an act likely to be criminal, which the employee claims to have been a victim during the performance of his employment contract and for which he justifies having filed a complaint with the public prosecutor.
§ 3 - The resignation because of a change of residence justified by a situation where the employee is a victim of domestic violence and for which he justifies having filed a complaint with the public prosecutor.
§ 4 - The employee who, after termination, is a conventional break in the sense of articles L. 1237-11 et seq. of the Labour Code or an end to a fixed-term employment contract that did not result in a registration as a job applicant, undertakes an activity to which it voluntarily terminates during or after a period not exceeding 91 days.
§ 5 - The employee who justifies 3 years of continuous affiliation within the meaning of Article 3 and who voluntarily leaves his employment to resume an indeterminate employee activity, realized by an effective hiring, to which the employer terminates before the expiry of a period of 91 days.
§ 6 - When the so-called "couple or indivisible" employment contract includes an automatic termination clause, the termination of the employment contract is deemed legitimate if the employee leaves his employment because of termination, a contractual termination of the contract within the meaning of the contract articles L. 1237-11 et seq. of the Labour Code or retirement of the employer's spouse.
§ 7 - The resignation of the employee motivated by one of the circumstances referred to inArticle L. 7112-5 of the Labour Code provided that there has been an effective payment of the compensation provided for in the articles L. 7112-3 and L. 7112-4 Work code.
§ 8 - The employee who leaves his employment to enter into a civic service contract in accordance with provisions of Article L. 120-10 of the National Service Code, one or more contracts of international solidarity volunteering for one or more missions of international solidarity volunteering or an associative volunteering contract for one or more associative volunteering missions of a minimum continuous duration of one year.
This provision also applies where the mission was interrupted prior to the expiration of the minimum commitment period initially provided for in the form of a civic service or the continuous minimum period of one year of commitment initially provided for by the international solidarity volunteer contract.
§ 9 - The employee who has left his employment, and has not been admitted to the benefit of the allowance, to create or resume a company whose activity has given rise to the advertising formalities required by the law, and whose activity ceases for reasons beyond the will of the creator or the registrant.
Agreement of application No. 15 of 14 May 2014 for the application of Article 25 § 2 (a) of the General Regulation annexed to the Convention of 14 May 2014 on the Compensation of Unemployment
Discontinuation of the payment of benefits for persons reaching retirement age
Article 25 § 2(a) provides that the benefit service shall be interrupted from the day on which the employee ceases, in particular, to fulfil the condition provided for in Article 4(c) of the annexed general regulation.
Noting that social security old-age pensions take effect as soon as possible for those concerned who, at the age specified in 1° of Article L. 5421-4 of the Labour Code :
- total the number of quarters required within the meaning of Articles L. 351-1 to L. 351-5 of the Social Security Coderegardless of the date of birth;
- on the first day of the calendar month following the month of birth;
or
- the day corresponding to the day of birth if it is the first day of a calendar month;
it is decided to interrupt the day before these same days, the payment of the benefits of the insurance plan in order to avoid any discontinuity in the payment of these various social benefits.
For the same reason, it is on the eve of the first day from which the payment of the old-age pension must be effected that the term of the payment of the allowances by the unemployment insurance scheme must correspond:
- or after the age scheduled for 1° of Article L. 5421-4 of the Labour Code ;
- at the age of 2 of Article L. 5421-4 of the same code.
The benefit service is also interrupted when the employee receives a pension under the sections L. 161-17-4, L. 351-1-1, L. 351-1-3, L. 351-4 the Social Security Code or section 41 I, paragraphs 3 and 7 of the Social Security Financing Act, 1999 (No. 98-1194 of 23 December 1998).
In order to avoid any discontinuity in the payment of social benefits, it is decided to discontinue the payment of unemployment insurance benefits on the eve of the date of effect of the early retirement, set by the old-age insurance fund of which the individual reports.
Application Agreement No. 16 of 14 May 2014
Terms of application of Schedule IV to the General Regulations annexed to the May 14, 2014 Agreement on Unemployment Compensation
Conference interpreters
Considering the special conditions of employment of conference interpreters, who are obliged to devote time to the preparation of a conference and whose remuneration takes into account both the preparation time, but also the time of participation in the conference.
It is decided to adopt the equivalence rules set out below.
For the search for the opening conditions set out in Article 3 of the annexed General Regulation, the following rule is fixed: 1 hour equal to 3 hours.
For the determination of the reference daily salary used to calculate the allowance, the following equivalence rule is fixed: 1 day equal to 3 days.
Agreement of application No. 17 of 14 May 2014 taken for the application of Article 9 § 3 of the General Regulation annexed to the Convention of 14 May 2014 on compensation for unemployment
Determination of periods assimilated to periods of employment
For the search for the condition of affiliation provided for in Article 9 § 3 of the annexed General Regulation, are assimilated to periods of employee employment:
1 - Without limit:
- working periods on behalf of an employer targeted to theArticle L. 5424-1 of the Labour Code ;
- the working periods in overseas departments before 1 September 1980;
- the periods of work carried out before 3 July 1962 in Algeria and before 31 December 1956 in Morocco and Tunisia.
2 - Within 5 years:
- training periods Articles L. 6313-1 to L. 6313-11 of the Labour Code ;
- the periods of increase in old age insurance in the conditions defined by the Articles L. 351-4 to L. 351-5 of the Social Security Code ;
- periods of parental leave referred to inArticle L. 1225-62 of the Labour Code ;
- mandatory age insurance periods covered by theArticle L. 381-1 of the Social Security Code for the beneficiaries of the family supplement, the basic allowance of the child's reception benefit or the free choice of activity of this benefit, the parental attendance allowance or for the persons assuming the charge of a disability;
- the periods of voluntary affiliation with respect to the old age insurance of employees of French nationality working outside French territory or of dependent parents who do not fall within a compulsory old age insurance scheme (Article L. 742-1, 1° and 2° of the Social Security Code)
- the periods for which old-age insurance premiums were redeemed under the Act of 10 July 1965, for activities carried out outside the metropolis by expatriate employees who are otherwise authorized to subscribe to voluntary insurance.
Agreement of application No. 18 of 14 May 2014 taken for the interpretation of Articles 11, 12 and 51 of the General Regulations annexed to the Convention of 14 May 2014 on the Compensation of Unemployment
§ 1st - By derogation from section 51 of the annexed General Regulation, contributions may be based on remuneration reconstituted on a full-time salary, for part-time employees, where an extended collective agreement provides and when social partners decide to implement this exemption.
With this exemption, employees of metallurgy companies applying the agreement of 7 May 1996 on the development and duration of work with a view to promoting modified employment.
§ 2 - The reference wage taken into account to determine the amount of the unemployment benefit is based on the reconstituted remuneration referred to in § 1st, which was used to calculate contributions for the 12 calendar months prior to the last day of work paid to the interested party, provided that the termination of employment contract occurs within 2 years of the transformation of full-time employment into part-time employment.
Application Agreement No. 19 of 14 May 2014 for the application of Article 21 of the General Regulations annexed to the Convention of 14 May 2014 on the Compensation of Unemployment and its Annexes
Salariés who use the capitalization device
Employees who, in the context of conversion leave agreements concluded under articles R. 5111-2, R. 5123-2 and R. 5123-3 the Labour Code, use the option that is available to them to receive money under the capitalization scheme, may not benefit from a replacement income under the unemployment insurance scheme established by the May 14, 2014 agreement until the expiry of a deferred function of the remaining time to run until the date that would have been that of the end of the conversion leave allowances if they had been paid in a phased manner. The duration of this deferral is half of the number of days during which the conversion leave contract could have continued, rounded as appropriate, to the entire number.
This calculated deferral applies from date to date.
The starting point of this deferral is the day of the capitalization's taking effect.
The completion, during the period covered by the deferred, of employee or non-employed activities, the execution of internships during that period, social security care for health insurance, do not postpone the term of the deferral.
The deferred amount calculated under the above conditions is considered ex officio to have reached its end when, for the activities carried out after the date of the termination of the employment contract following the capitalized payment application, which corresponds to the date of the deferral's starting point, the employee opens new rights by at least justifying:
122 days of affiliation or 610 hours of work within 28 months.
However, if, in respect of the activities carried out after those that have been completed by an adhesion to a conversion leave, an opening of duties is requested, which can only be granted by holding the activities carried out in the first of these two activities, a deferral is calculated according to the rules indicated above, the starting point of that deferral shall remain as of the date of the end of the first of the two contracts.
In the event of a deferred death, the deferred person shall be paid the sums set out in section 37 of the annexed General Regulations.
Agreement of application No. 20 of 14 May 2014 taken for the interpretation of Article 4 (a) of the General Regulations annexed to the Convention of 14 May 2014 on the Compensation of Unemployment
Salaries dismissed on individual training leave
Considering that the training of employees dismissed on individual training leave is conducive to their professional reintegration.
Such training may be continued subject to the following conditions:
- that the individual registers as a job applicant;
- whether the training is validated by Pôle emploi or any other organization participating in the public employment service as part of the personalized job access project.
Agreement of application No. 21 of 14 May 2014 for the application of Article 4 (e) of the General Regulations annexed to the Convention of 14 May 2014 on the Compensation of Unemployment
For the purposes of Article 4(e) of the annexed General Regulation, are taken into account the days of reduction of the working time not taken by the employee, having given rise to the payment of the additional rest compensatory allowance within the framework of the reduction of the working time, for periods of employee activities after the voluntary departure.
Agreement of application No. 23 of 14 May 2014 for the application of Article 35 of the General Regulation annexed to the Convention of 14 May 2014 on the Compensation of Unemployment
Differential reclassification assistance
I - Beneficiaries
The beneficiaries of aid are:
- allocataries aged 50 or older;
- allocataries who, regardless of their age, have been in charge for more than 12 months;
and
- that resumes an employee work activity.
II - Conditions of attribution
Assistance is granted provided that:
- employment is not resumed at the last employer;
- the duration of the job resumed is at least 30 calendar days, if it is a fixed-term employment contract;
- the monthly gross salary is, for the same volume of hours of work, not more than 85% of 30 times the reference daily salary chosen for the determination of the return to employment aid allowance;
- the provisions set out in sections 30 to 33 of the annexed General Regulations are not or more applicable to the interested party.
III - Amount of Assistance
The monthly amount of assistance is equal to the difference between 30 times the reference daily salary that was used to calculate the return-to-employment aid allowance and the monthly gross salary of the resumed employment.
When the month is not complete (hiring, breaking or termination of employment contract during the month), the monthly amount of assistance is determined on the prorated basis of the number of days worked under the contract.
IV - Payment of aid
This assistance is paid monthly, in term expired, provided that the contract of work is still in progress, for a period that cannot exceed the maximum duration of the rights and within a total amount capped to 50% of the reliquat of rights to the return to employment aid allowance.
The payment of assistance ceases on the day of the termination of the employment contract or when the 50% ceiling on the relic of rights to the return to employment benefit is reached.
The payment shall be interrupted for any suspension of the employment contract for sickness, maternity or for the closure of the company for leave, for a period exceeding or equal to 15 days in the same calendar month.
V - Formalities
The recipient must apply for a differential reclassification assistance, the model of which is established by the Unédic.
VI - Imputation of compensation period
Payment periods for differential reclassification assistance reduce by proportion the balance of rights remaining on the eve of payment of aid.
Thus, if the person concerned again seeks the benefit of the return-to-employment aid allowance, the balance of the rights opened under the previous admission is reduced by the number of days corresponding to the quotient arrested to the whole number, the gross total amount of the assistance by the gross daily amount of the return-to-employment aid allowance.
Agreement of application No. 24 of 14 May 2014 for the application of Article 36 of the General Regulation annexed to the Convention of 14 May 2014 on the Compensation of Unemployment
Support for business recovery or creation
§ 1st - Assistance in the resumption or creation of a company is granted, upon request, to the allocatary in his capacity as a rebrander or company creator as defined to theArticle R. 5141-2 of the Labour Code.
The creative or corporate repreneur allocatary must justify obtaining assistance to creative unemployed or corporate reprenators (ACCRE), aimed at theArticle R. 5141-1 of the Labour Code.
In the DOM, allocatories benefiting from the exemption of contributions and contributions provided by theArticle L. 756-5 of the Social Security Code, for a period of 24 months, are exempted from justifying the obtaining of CABRE.
§ 2 - The amount of assistance is equal to half of the amount of the remaining rights:
- either on the day of creation or business recovery,
- either, if this date is later, on the date of obtaining the CABRE.
Aid gives rise to two equal payments:
- the first aid payment shall be made at the earliest of the date on which the person concerned collects all the conditions for the allocation of the aid, provided that the person concerned ceases to be registered on the list of job seekers;
- the second payment of the aid takes place 6 months after the date of creation or resumption of business, provided that the person concerned certifies, at that time, that he or she continues to carry out his or her professional activity in the context of the creation or resumption of business under which the assistance was granted.
§ 3 - The length of time the amount of assistance is charged to the balance of the rights remaining on the day of the first aid payment.
Thus, if the person concerned again seeks the benefit of the return-to-employment aid allowance, the remainder of the rights opened under the previous admission is reduced by the number of days corresponding to the quotient, which was determined by the whole number, resulting from the ratio between the gross amount of the assistance to the resumption or creation of a paid company and the gross daily amount of the return-to-return aid allowance.
Agreement of application No. 25 of 14 May 2014 for the application of Article 4 of the Convention of 14 May 2014 on compensation for unemployment, Article 52 of the General Regulations annexed to the Convention of 14 May 2014 and Article 60 of Annexes VIII and X to the General Regulations annexed to the Convention of 14 May 2014
Majoration of the employers' share of contributions due by public employers
For fixed-term contracts concluded by public employers covered byArticle L. 5424-2, paragraph 2 of the Labour Code and having acceded to the unemployment insurance scheme in a revocable or irrevocable manner, the share of the contribution to the employer's expense is increased based on the duration of the contract and the grounds for appeal to that type of contract.
§ 1st - For fixed-term contracts entered into by public employers 3°, 4° and 6° of Article L. 5424-1 of the Labour Code, the calculation of the contribution to the employer's expense is carried out under the conditions provided for in Article 4 of the May 14, 2014 Convention on the Compensation of Unemployment, Article 52 of the General Regulations annexed to the May 14, 2014 Convention and Article 60 of Annexes VIII and X to the General Regulations annexed to the May 14, 2014 Convention.
However, the share of the contribution to the charge of local educational institutions that have joined the unemployment insurance scheme irrevocably for their education assistants is increased under the conditions set out in § 2 of this application agreement.
§ 2 - For fixed-term contracts concluded by public employers referred to in 2° of Article L. 5424-1 and 3° of Article L. 5424-2 of the Labour Code, the share of the employer's expense contribution is set at 6.40 per cent of the gross remuneration and by derogation to:
9.40 per cent for contracts of a term of less than or equal to one month to meet a need related to a temporary increase in activity;
7.90 per cent for contracts lasting more than one month and less than or equal to three months to meet a need related to a temporary increase in activity;
6.90% for contracts of a duration of less than or equal to 3 months entered into in certain sectors of activity defined by decree or by extended collective agreement or agreement, for which it is of constant use not to use the contract of work for an indefinite period due to the nature of the activity carried out and the temporary nature of these jobs.
For fixed-term contracts with employees in the National Solidarity Fund of 1%, the share of the contribution to the employer's expense is equal to the difference between the amount of the unemployment insurance contribution based on gross remuneration and the amount of the solidarity contribution referred to in the Fund.Article L. 5423-26 of the Labour Code.
§ 3 - For fixed-term contracts with employees under Annexes VIII and X, the share of the contribution to the employer's expense referred to in 2° of Article L. 5424-1 and the share of the contribution to the employer's expense referred to in 2° of Article L. 5424-1 and 3° of Article L. 5424-2 of the Labour Code is set at 12.80 per cent of gross remuneration and by derogation to:
15.80% for contracts of less than or equal to one month to meet a need related to a temporary increase in activity;
14. 30% for contracts lasting more than one month and less than or equal to three months to meet a need related to a temporary increase in activity;
13. 30% for contracts of a term of less than or equal to 3 months entered into in certain sectors of activity defined by decree or by extended collective agreement or agreement, for which it is of constant use not to use the contract of work for an indefinite period due to the nature of the activity carried out and the temporary nature of these jobs.
For fixed-term contracts entered into with employees in Annexes VIII and X of 1% in respect of the national solidarity fund, the share of the contribution to the employer's expense is equal to the difference between the amount of the unemployment insurance contribution based on gross remuneration and the amount of the solidarity contribution referred to in theArticle L. 5423-26 of the Labour Code.
Agreement of application No. 26 of 14 May 2014 for the application of Article 4 of the Convention of 14 May 2014 on compensation for unemployment, Article 52 of the General Regulations annexed to the Convention of 14 May 2014 and Article 60 of Annexes VIII and X to the General Regulations annexed to the Convention of 14 May 2014
The employer's share of contributions made by third parties on behalf of the employer
Compensation paid by third parties on behalf of the employer, as long as they return to the table of contributions provided for in section 51 of the annexed General Regulations, shall be subject to the increase of the employer's share of contributions under the conditions provided for in article 4 of the Convention, section 52 of the annexed General Regulations and section 60 of Annexes VIII and X.
§ 1st - For the labour contracts concerned by the increase in the employer's share of contributions, the third party calculates the increase due by applying the higher rate corresponding to the share of remuneration it pays, on behalf of each employer, to employees holding a fixed-term contract referred to in section 52 § 2 of the annexed general regulation.
§ 2 - In order to allow third-party organizations to find ways and means to organize the collection of data necessary for the calculation and payment of the increase in the share of contributions in accordance with § 1st, on an interim basis, where the third-party organization does not have all the data required for the calculation of the amount due, the rate increased by 4.5% is applied by default to the share of the contributions of the employer in respect of the remuneration paid for the account of the employee
Agreement of 14 May 2014 on the Unemployment Insurance Plan for Public Sector Apprentices
Le Mouvement des Entreprises de France (MEDEF),
The General Confederation of Small and Medium Enterprises (CGPME),
The Union Professionnelle Artisanale (UPA),
on the one hand,
The French Democratic Confederation of Labour (CFDT),
The French Confederation of Christian Workers (CFTC),
The Confederation Française de l'Encadrement CGC (CFE-CGC),
La Confédération Générale du Travail Force Ouvrière (CGT-FO),
The General Confederation of Labour (CGT),
on the other hand,
See?Article L. 5424-1 of the Labour Code ;
Vu la Act No. 92-675 of 17 July 1992 bringing various provisions on learning;
Vu la Act No. 96-376 of 6 May 1996 reforming the financing of learning, including Article 11;
Considering the Convention of 14 May 2014 on compensation for unemployment;
Convince of the following:
Article 1
Subject
The purpose of this Agreement is to define the conditions under which the provisions of Article 11 of Act No. 96-376 of 6 May 1996.
Article 2
Scope
This Agreement is concerned by the employees recruited under apprenticeship contracts by employers who themselves assume the burden of unemployment insurance under Article L. 5424-2 of the Labour Code, and who have chosen to assure these employees against the risk of employment deprivation, with the unemployment insurance scheme referred to in Article L. 5422-13 of the said Code.
Article 3
Care conditions
At the end of their apprenticeship contract, the situation of employees referred to in Article 2 of this Agreement shall be examined under the provisions of Articles 1 to 48 of the General Regulation annexed to the Convention of 14 May 2014 on compensation for unemployment.
Article 4
Contributions
Pursuant to Article 20 VI of Law No. 92-675 of 17 July 1992, the State is responsible for the overall contribution of unemployment insurance. This is the contribution due in the event of a public community membership, the unemployment insurance plan, plus a contribution supplement of 2.40% of the gross salary.
Article 5
Duration
This Agreement shall be concluded for the period of application of the 14 May 2014 Convention on Unemployment Compensation. He will cease in full right to produce his effects at the end of his term.
At the end of the arrangement, or in the event of an interruption, this agreement will continue to produce its effect on contracts already entered into and contracted.
Article 6
Application methods
The terms and conditions for the application of this Agreement shall be determined by a convention between the State and the Unédic.
Article 7
Deposit
This Agreement shall be deposited with the Labour Branch.
Made in Paris, May 14, 2014, in three original copies
For the MEDEF, For the CFDT,
For CGPME, For CFTC,
For UPA,For CGT-FO,
Agreement of 14 May 2014 on the financing by unemployment insurance of supplementary pension points
Le Mouvement des Entreprises de France (MEDEF),
The General Confederation of Small and Medium Enterprises (CGPME),
The Union Professionnelle Artisanale (UPA),
on the one hand,
The French Democratic Confederation of Labour (CFDT),
The French Confederation of Christian Workers (CFTC),
The Confederation Française de l'Encadrement CGC (CFE-CGC),
La Confédération Générale du Travail Force Ouvrière (CGT-FO),
The General Confederation of Labour (CGT),
on the other hand,
In light of articles L. 5421-1, L. 5422-9, L. 5422-11 and L. 5422-12 Labour code relating to the unemployment insurance allowance;
Considering the articles L. 1233-65, L. 1233-66, L. 1233-67, L. 1233-68, L. 1233-69 the Labour Code for the Contract for Professional Security and L. 1235-16 of the Labour code relating to the custom reclassification agreement;
Considering the Convention of 14 May 2014 on compensation for unemployment and the annexed general regulation;
Considering the agreement of 30 November 1989 on the unemployment insurance scheme;
Having regard to the agreement of 19 September 1996 on the financing of AGIRC pension points for unemployment periods after 31 December 1995;
Considering Article 10 of the Memorandum of Understanding of 19 December 1996 on unemployment insurance;
Considering the Conventions of 19 February 2009 and 20 February 2010 relating to the Custom Reclassification Convention;
Having regard to the 19 July 2011 Convention on the Contract of Professional Security;
Convince of the following:
Article 1
Scope
The beneficiaries of the allowances covered by the May 14, 2014 agreement on unemployment compensation and the July 19, 2011 agreement on the contract of occupational security acquire supplementary pension points under the conditions specified in the national collective agreement of March 14, 1947 and the agreement of December 8, 1961.
All beneficiaries admitted under the previous unemployment insurance agreements and the conventions of February 19, 2009 and February 20, 2010 relating to the personalized reclassification agreement, which is being compensated on the date of entry into force of this agreement.
Article 2
Financing
Unemployment insurance contributes to the financing of retirement points by paying as follows:
(a) For the AGIRC regime
- the mandatory contributions provided for in Article 6 § 2 of the National Collective Agreement of March 14, 1947 and the appeal percentage applicable to the contributions paid to the ARGIRC, based on 60% of the reference daily salary chosen for the calculation of unemployment benefits;
- part of the financial participation from the beneficiaries' allocations referred to in Article 1 above;
- 20-year participation in the financing of pension points for unemployment periods prior to 1 January 1996.
(b) For the ARRCO regime
- the contributions provided for in Article 13 of the Agreement of 8 December 1961 and with the percentage of appeal applicable to all contributions paid to the RCOA, based on 60% of the reference daily wage for the calculation of unemployment benefits, this salary being limited to the social security ceiling for nationals of the GTA, or limited to 3 ceilings of social security for non-IRC persons;
- part of the financial participation taken from the allocations of the beneficiaries referred to in section 1 above, based on a salary limited to the social security ceiling for nationals of the ARGIRC, or limited to 3 social security ceilings for persons not covered by the ARGIRC.
(c) For other supplementary pension plans, in accordance with a convention, on the basis of the appeal rates provided by these plans sitting on 60% of the reference daily salary selected for the calculation of unemployment benefits and within the limit:
- the mandatory rate of contribution established by the agreement of 8 December 1961 relating to RCOA on the fraction of the remuneration below or equal to the ceiling of social security;
- and the mandatory rate of contribution set out in the National Collective Agreement of March 14, 1947 relating to the GATS for the fraction of the remuneration between the social security ceiling and 4 times that ceiling.
Article 3
Duration
This Agreement shall be concluded for the period of application of the 14 May 2014 Convention on Unemployment Compensation.
Article 4
Application methods
The terms and conditions for the application of this Agreement shall be determined by agreements between the Unédic and the supplementary pension plans.
Article 5
Deposit
This Agreement shall be deposited with the Labour Branch.
Made in Paris, May 14, 2014, in three original copies
For the MEDEF, For the CFDT,
For CGPME, For CFTC,
For UPA,For CGT-FO,
Report on the Accreditation of the Agreement of May 14, 2014 on the Compensation of Unemployment and Related Texts, pursuant to theArticle R. 5422-17 of the Labour Code
TheArticle L. 5422-20 of the Labour Code states that the measures of application relating to unemployment insurance "are the subject of agreements concluded between representative organizations of employers and employees".
These agreements are approved by the Minister responsible for employment, which makes them mandatory for employers and employees under unemployment insurance. Article L. 5422-22 of the same code also states that "in order to be approved, agreements ... shall not include any stipulation incompatible with the legal provisions in force".
On May 23, 2014, the Minister for Employment received an application for approval of the May 14, 2014 agreement on compensation for unemployment and related texts.
This text was signed by MEDEF, CGPME and UPA on the one hand, by CFDT, CFTC and CGT-FO on the other. At the session of the National Employment Council on June 4, 2014, two trade union organizations, the CGT and the CFE-CGC, expressed their opposition to the approval of the unemployment insurance agreement.
In application of theArticle R. 5422-17 of the Labour Code, the National Employment Board was re-consulted on June 18, 2014, based on this report.
I. Major developments in the Convention of 14 May 2014
The new agreement reflects the desire of social partners to strengthen equity between allocataires, to encourage the link with the labour market and the resumption of employment and to ensure the sustainability of the unemployment insurance scheme. To this end, the convention creates new rights and provides for the evolution of several devices with the aim of removing or reforming certain current rules that have been able to contribute to the segmentation of the labour market.
The agreement contributes, in this regard, to the securing of career paths by encouraging the resumption of employment. The introduction of refillable rights will allow nearly one million job seekers per year, who re-register in Pôle emploi after re-employment, to see their extended rights.
The removal of all ceilings allowing the cumulative income of activity and allowance will avoid the threshold effects, improve the predictability of the allowance for job seekers and limit the indus. It will cover 1.2 million indemnity job seekers with "reduced activity".
The agreement also improves the financial situation of the plan, now in significant deficit, for the next two years, by measures of savings and new revenues.
The new modality of taking into account breakout allowances, including a variable deferral ceiling based on their level, will only cover 10% of unemployment benefits that have actually benefited from a supra-legal compensation outside of economic termination.
In addition, the agreement provides for an adjustment of the specific rules relating to persons between the ages of 61 and 62, consistent with the reforms of the pension plan, with which the unemployment insurance scheme is more fluidly articulated.
Finally, the agreement preserves the specific character of the regime of the intermittents of the show and its fundamental rules and maintains the fundamental principle of inter-professional solidarity with employees in the sector. Access conditions remain unchanged, however, with three adjustments, most of which affect the most paid employees in the sector: an increase of 2 points (1 point for employers and 1 point for employees), a cap of the total monthly income to 1.4 social security ceiling (or 4,381 gross/month in 2014) and a new rule of deferred compensation for paid employees beyond 1.68 SMIC. In addition, social partners, the state and industry professionals will engage in a dialogue on how to improve conditions of employment and combat precariousness and abuse in this sector.
In total, the agreement provides €800 million for recovery measures and €400 million for the financing of the "refillable rights" from the Interprofessional National Agreement of January 11, 2013.
Social partners concluded the May 14, 2014 agreement in a context marked by an increased deficit in the unemployment insurance system (forecast benefit of €4.3 billion at the end of 2014 and cumulative forecast debt of €22.1 billion at the end of 2014) and the need to safeguard this protection regime for private employees who play a role as an automatic stabilizer, especially in a difficult economic context.
The unemployment insurance agreement and its associated texts will come into force on July 1, 2014 for a period of two years, with a regular balance every six months. However, measures with a significant operational impact for Employment (adaptation of the information system, training of advisors...), will be implemented on October 1, 2014. This is the case for refillable rights provisions and those relating to the cumulative income with the unemployment insurance allowance.
The agreement was the subject of an application for approval, which should result in the publication of an approval order for its entry into force.
II - Reasons for legal opposition invoked: compliance with the law of treaty provisions
Concerning the lack of written notification from the NI of 22 March 2014 invoked by the CGT
The unemployment insurance agreement, which alone is subject to the approval of the Minister responsible for employment, is the culmination of a process for negotiating social partners.
In fact, the negotiation of unemployment insurance takes place in two stages: the negotiation of a political agreement called, according to the epochs, "the Memorandum of Understanding" or "the Interprofessional National Agreement" (ANI) and acting on the main orientations and principles retained by social partners is followed by the negotiation of the unemployment insurance agreement which constitutes the legal and operational translation of the political agreement.
The political agreement serves as a framework for the drafting of the unemployment insurance agreement whose signature has the effect of closing the negotiation procedure.
The ANANI of 22 March 2014, which constitutes a step agreement with a contractual value between the social partners signatories to the agreement, was proposed for signature by all social partners on 24 March 2014. It does not affect the process of accreditation of the unemployment insurance agreement, the Minister responsible for employment only pronounces itself on the convention.
In addition, the insurance agreement and its annexed texts were signed and notified to each organization on 16 May 2014. This approach was completed by the Unédic at the request of the MEDEF.
Except for the provisions of the articles L. 5422-21 and L.5422-22 the Labour Code relating to the conditions of negotiation and advertising of agreements subject to approval, the unemployment insurance agreement is not subject to any other formalism.
However, the purpose of social partners is to notify the signed agreement and the texts attached to it to all the organizations invited to participate in the negotiations.
In addition, it was not contested by the CGT that the amendment No. 5 of 14 May 2014 to the Convention of 19 July 2011 relating to the contract of occupational security was well notified. This was notified to each of the organizations on May 16, 2014 at the same time as the unemployment insurance agreement.
On the terms and conditions for the negotiation of ANNI of 22 March 2014 and the unemployment insurance agreement of 14 May 2014 under consideration by the CGT and the CFE-CGC
TheArticle L. 5422-22 of the Labour Code provides that in order to be authorized, agreements must be negotiated and concluded at the national and interprofessional level between representative organizations of employers and employees. In this case, it is not disputed that all organizations were invited to negotiate the convention that was negotiated and concluded by representative organizations at the national and interprofessional level.
The right of opposition under the approval of the convention enjoyed by non-signatory organizations of the convention shall be limited to non-compliance with the legislative or regulatory provisions by a particular provision. It cannot cover the conditions of the negotiation.
Concerning the conformity of the convention with the provisions of ANANI of March 22, 2014, a point raised by the CGT and the CFE-CGC
The inter-professional national agreement is a political agreement that sets out the main directions and main developments in unemployment insurance regulations. This agreement is not intended to be approved. The political agreement of 22 March 2014 has a contractual value between the Social Partners signatories to the agreement.
The unemployment insurance agreement and its associated texts are the legal and operational translation of the protocol. However, it may not be in full compliance with the protocol because it is the subject of an agreement between the parties (EC, association of defense of the intermittents of the show, 6 October 2000, no. 209238).
It is therefore not for the administration to judge the conformity between the agreement and the convention.
With respect to the development of refillable rights that would create a break in equality between job seekers according to the CGT
The CGT considers that the introduction of refillable rights poses a problem of equal treatment between job seekers on the ground that only contracts over 150 hours will open the charge of rights.
Without prejudice to the principle of equality, it is possible to apply different rules to persons who are not placed in the same situation.
As such, it is possible to provide for a minimum level of activity necessary for the opening of a right to unemployment insurance, which is already the case in the current agreement. In addition, always without misunderstood the principle of equality, it is possible to foresee a 4-month threshold for a first admission and another 150-hour threshold for a reload, considering that in this last situation the existence of a remaining right capital justifies the search for a mechanism of incentive for the resumption of activity.
Refillable rights are an important step forward in the coverage of job seekers. They will allow job seekers to benefit from longer protection, thanks to the charging mechanism.
Nearly one million parties have a potential duration of extended rights and therefore less risk of reaching the end of the rights: this risk goes from 32% to 24%. Indeed, allocataires who are currently arriving at the end of rights will be able to recharge their rights. They will therefore be compensated longer.
III - Other grounds for opposition to the 14 May 2014 agreement on compensation for unemployment and related texts
Through the accreditation procedure, the Minister must ensure that the agreement and associated texts do not include any clause inconsistent with the legal provisions in force (Article L. 5422-22 of the Labour Code). This legality control may result in the non-accreditation of certain provisions of the agreement. In addition, the Minister may also refuse to accept a convention for reasons of general interest, but in this context, the Minister may not exclude the approval of the clauses taken in isolation, as they form an indivisible whole with the other provisions of the agreement (EC, July 11, 2001).
With respect to the recovery of the specific deferral from 75 days to 180 days, which the CFE-CGC stated that it would refuse access to unemployment benefits for certain job seekers and, according to the CGT, it would punish job seekers whose contract was breached as a result of a treaty break and employees who were victims of unfair dismissal:
The application of the deferral has the effect of deferring the payment of the applicant's allocation over time without reducing the acquired rights. The specific deferral does not deprive the applicant of access to the allowance whose payment is simply disbursed at the end of the deferral.
The new deferral calculation methods are also more favourable for less paid job seekers. Conversely, the allocatories concerned with the specific deferral will be those who have benefited from substantial supra-legal allowances during the termination of their employment contract and who receive significant remuneration. The upwarding of the deferral will help to better regulate certain abusive practices with respect to supra-legal compensation, without questioning the vocation of unemployment insurance that is to provide alternative income. These new rules will not affect the most precarious job seekers.
With regard to employees who obtain damages before the courts as a result of unfair dismissals, the new provision is unchanged from the specific postponement provided for in the May 6, 2011 Convention. The damages are thus taken into account in the calculation of the deferral, after deduction of the legal minimum provided by the texts, without affecting the capital of the open rights.
With respect to the reduction of the daily allowance to 57% (instead of 57.4% at present) of the reference wage, which, according to the CFE-CGC, results in the effort on only job-seekers instead of distributing it among all actors including employers and regarding the proposal of this union organization to raise the employer contribution to unemployment insurance:
This measure will cover allocatories with a replacement rate of 57.4%, i.e. those with an earlier hourly salary of more than 1.5 SMIC. They will see their daily allowance decrease by 12 € over a full month of compensation, a decrease of 0.7%. The effort remains measured. In addition, it is up to social partners to determine the financing of the unemployment insurance plan and their distribution among all actors.
As such, it should be recalled that in 2013, pursuant to ANIA of 11 January, the Avender of 29 May 2013 established an increase in the employer's share of the unemployment insurance contribution for CSD. This mechanism is renewed in the Convention of 14 May 2014.
On developments in annexes VIII and X:
The unemployment insurance agreement preserves the specific character of the entertainment system and its basic rules, maintaining the principle of interprofessional solidarity. Social partners have wished to maintain Annexes 8 and 10: access conditions remain unchanged and no intermittent one is excluded from the regime.
However, for the sake of fairness among job seekers, social partners have made a part of the effort to rehabilitate the unemployment insurance scheme on the most paid intermittents, avoiding the involvement of the most precarious artists and technicians.
The parameters selected for the deferral and the allowance/business income cap will have a limited scope on the lows and means of wages:
- in respect of the allowance/income cap, the measure will only be 6% of the allocatories in Annexes 8 and 10;
- with respect to the deferral, 52% of the beneficiaries of Schedules 8 and 10 will continue to have no deferred day (this is the case of 76% of the artists, beneficiaries of Schedule 10).
In light of all of these elements, the Minister for Employment is considering approving the May 14, 2014 convention and the texts associated with it.
Done on 25 June 2014.
François Rebsamen
