Key Benefits:
Publics concerned: very small companies hiring their first employee.
Subject: creation of assistance in hiring a first employee in very small businesses.
Entry into force: the provisions of this Decree come into force after the date of its publication. They apply to employment contracts whose effective date is between June 9, 2015 and June 8, 2016.
Notice: This Order sets out the terms and conditions for the implementation of the assistance for the hiring of a first employee, including its scope, eligibility requirements, amount of assistance and the terms and conditions for the management of the device.
References: This decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Finance and Public Accounts and the Minister of Labour, Employment, Vocational Training and Social Dialogue,
Vu le Labour code ;
Having regard to the advice of the National Council for Employment, Training and Vocational Guidance dated 29 June 2015,
Decrete:
Companies, which do not belong to a group within the meaning ofArticle L. 2331-1 of the Labour Code or to a group of community-based enterprises within the meaning of articles L. 2341-1 and L. 2341-2 of the same code, may apply for the benefit of financial assistance from the State for the hiring of a first employee when they meet the following cumulative conditions:
1° They hire an employee in an indefinite or fixed-term contract of more than 12 months;
2° The effective date of the contract is between June 9, 2015 and June 8, 2016;
3° They were not linked, in the twelve months preceding the employee's employment, to an employee by a contract of work pursued beyond the trial period.
By derogation from the third paragraph, the company remains eligible for assistance, under a new employment contract, where a first employment contract entered into for an effective date between June 9, 2015 and June 8, 2016 was breached on grounds of termination of the trial, retirement, resignation, termination for serious misconduct, termination for heavy misconduct, termination for incapacity or death.
Individual employers are not eligible for help.
The amount of assistance is equal to 4,000 euros, at 500 euros for a period of three months of execution of the contract of employment.
Where applicable, the amount of assistance is prorated based on the duration of the employee's work, where the duration is less than the full time.
The assistance is paid at the end of each three-month calendar period of performance of the employment contract.
The amount of assistance due under the first and last months of performance of the contract shall be paid prorated on the days of performance of the contract certified by the employer.
When the company makes a new request for assistance pursuant to the fourth paragraph of Article 1, the total amount of assistance received by the company cannot exceed 4,000 euros, deducting the amounts already collected.
Assistance is managed by the Service and Payment Agency, with which the State concludes a convention.
The application for assistance is signed and addressed by the employer to the Service and Payment Agency within a maximum period of six months after the date of commencement of the contract.
The assistance is paid, at the end of each quarterly period, on the basis of a certificate from the employer justifying the employee's presence. This certificate, sent in dematerialized form to the Service and Payment Agency under conditions fixed by order of the Minister responsible for work, must be provided before the three months following the expiration of each quarter of performance of the contract. Its failure within the required time limits results in the non-payment of aid.
The attendance certificate specifies the periods of absence of the employee without maintaining the pay of the employee. Assistance is not due for these periods.
The Service and Payment Agency monitors the accuracy of aid recipient statements, including from data exchanged with the Central Agency of Social Security Agencies.
The recipient of the assistance shall be made available to the Service and Payment Agency any document that would permit such control.
The payment of assistance is interrupted when the employer does not produce within one month the documents to verify the accuracy of its statements.
In the event of a finding by the Service and Payment Agency of the inaccurate nature of the company's declarations, the amounts unduly collected by the employer must be paid out.
Assistance cannot be combined with another State aid for insertion, access or return to employment paid under the same employee.
The Minister of Finance and Public Accounts and the Minister of Labour, Employment, Vocational Training and Social Dialogue are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic and will come into force on the day after its publication.
Done on July 3, 2015.
Manuel Valls
By the Prime Minister:
The Minister of Labour, Employment, Vocational Training and Social Dialogue,
François Rebsamen
Minister of Finance and Public Accounts,
Michel Sapin
