Key Benefits:
Publics concerned: employers, workers, pension and occupational health insurance (CARSAT), agricultural social mutuality (MSA), Central Fund for Agricultural Social Mutuality (CCMSA), National Fund for Old Age Insurance (CNAV).
Subject: amendment of the regulatory provisions of the Labour Code relating to the declaration of workers' exposure to incapacity, the financing of personal account rights for the prevention of incapacity and the modalities for the control and processing of claims.
Entry into force: the text comes into force on January 1, 2016.
Notice: For workers who may acquire points under the personal toll-prevention account, the exhibit prevention sheet, in which the employer initially had to record the occupational risk factors related to the inability to which its workers are exposed, is deleted for the benefit of a statement in the context of existing declarative media: annual social reporting (DSD) and nominal social reporting (NSD). This Order sets out the terms and conditions of this declaration and provides transitional arrangements for companies that do not use DSN for their statements. Finally, he states that, in the event of an error, the employer may correct the initial statement on the exposure within three years in the event that the correction is made in favour of the employee and in the other cases up to April of the year following that in respect of which it was made.
References: This decree is taken for the purposes of articles 28 and 29 of Act No. 2015-994 of 17 August 2015 on social dialogue and employment. The provisions of the Labour Code as amended by this Decree may be consulted, in their drafting resulting from this amendment, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Social Affairs, Health and Women's Rights and the Minister of Labour, Employment, Vocational Training and Social Dialogue,
Considering the criminal code;
Considering the social security code;
Considering the Labour Code, including chapters I and II of title VI of Book I of Part IV;
Having regard to Act No. 2015-994 of 17 August 2015 on social dialogue and employment, including articles 28 and 29;
Considering Order No. 2015-682 of 18 June 2015 on the simplification of employer social declarations;
Having regard to the advice of the Board of Directors of the National Pension Insurance Fund for Employees dated 4 November 2015;
Considering the advice of the National Standards Assessment Board dated 5 November 2015;
Having regard to the advice of the Board of Directors of the Central Agency of Social Security Agencies dated 13 November 2015;
Considering the advice of the Working Conditions Orientation Council dated 16 November 2015;
Having regard to the advice of the Board of Directors of the Central Fund for Agricultural Social Mutuality of 19 November 2015;
The State Council (Social Section) heard,
Decrete:
The fourth part of the Labour Code is amended in accordance with the provisions of Article 2 of this Decree.
I. - At the 1st of Article R. 4121-1-1, the words: "the establishment of the exhibit prevention sheets referred to in this article, especially from the identification of standard exposure situations;" are replaced by the words: "the declaration referred to in this article, if any, from the identification of positions, trades or work situations contained in an extended collective agreement or an approved branch-2 professional repository "
II. - Section R. 4161-6 is repealed.
III. - Section R. 4162-1 is amended as follows:
1° I:
(a) The words: "January 31 of the following year" are replaced by the words: "for the pay of the month of December";
(b) The words: "in Article L. 133-5-4 of the Social Security Code" are replaced by the words: "in Article L. 133-5-3 of the Social Security Code to the caisses referred to in Articles L. 215-1, L. 222-1-1 or L. 752-4 of the same code or in Article L. 723-2 of the Rural and Maritime Fisheries Code,"
(c) The words: "whose duration is greater than or equal to the calendar year" are replaced by the words: "who remains in progress at the end of the calendar year";
(d) The words: "in accordance with the information it has recorded in the exhibition prevention sheet" are deleted;
2° In II:
(a) The words: "whose duration, greater than or equal to one month, begins or ends in calendar years" are replaced by the words: "of a duration greater than or equal to a month that ends in the calendar year";
(b) The words: "in the same conditions" are replaced by the words: "in the statement referred to in I of this article and at the latest in the pay for the termination of this work contract" and the words: "and the duration of exposure" are deleted;
3° The III is replaced by the following:
"III. - The declaration provided for in I and II of this article shall be made under the same conditions with the organization referred to in Article L. 133-5-10 of the Social Security Code by employers using the devices mentioned in Article L. 133-5-6 of the same Code. » ;
4° After the III, it is added an IV as follows:
"IV. - The employer may correct its statement of occupational risk factors:
« 1° Until April 5 or 15 of the year following the year in respect of which it was made, according to the maturity of the payment of the contributions applicable to it;
« 2° By derogation from 1°, in cases where correction is made in favour of the employee, during the three-year period referred to in the first paragraph of Article L. 244-3 of the Social Security Code. »
IV. - Section R. 4162-2 is amended as follows:
1° In I, the reference to I and III of Article R. 4162-1 is replaced by the reference to I of Article R. 4162-1;
2° In II, the reference to II and III of Article R. 4162-1 is replaced by the reference to I and II of this article.
V. - In the second paragraph of Article R. 4162-26, the words: "are attached, if any, a copy of the exhibit prevention sheet and" are replaced by the words: "is attached, if any,".
VI. - In R. 4162-27, the words "or III of R. 4162-1" are deleted.
VII. - In R. 4162-33, the words: ", based on the risk assessment documents referred to in D. 4161-1, are deleted."
VIII. - In Article R. 4162-35, the words: "in the declaration provided for in Article L. 133-5-4 of the Social Security Code or on the declaration provided for in Article III R. 4162-1" are replaced by the words: "in the declaration provided for in Article L. 133-5-3 of the Social Security Code".
IX. - In article R. 4162-57, the words "referred to in I of article R. 4162-1 or, for employers of agricultural workers, by 15 February of the following year. are replaced by the words: "from the statement of occupational risk factors referred to in R. 4162-1 or, in the case referred to in IV of R. 4162-1, at the same time as the rectification of the statement of occupational risk factors. »
X. - The 1st of Article R. 4412-54 is replaced by the following provisions:
« 1° Where applicable, the information provided by the employer to the occupational physician pursuant to the third paragraph of section D. 4161-1; "
XI. - Section R. 4741-1-1 is replaced by the following provisions:
"Art. R. 4741-1-1. - The failure to complete or update a worker's exhibit tracking record referred to in 2° of the V of Article L. 4161-1, under the conditions provided for in Article D. 4161-1-1, shall be punished by the fine provided for contraventions of the fifth class.
"The fine is applied as many times as there are workers involved in the offence.
"Recidivism is punishable under sections 132-11 and 132-15 of the Criminal Code. »
I. - Article 2 III, IV, VI and IX come into force on 1 January 2016.
II. - For the completion of the formality provided for in Article R. 4162-1 of the Labour Code in its drafting by this decree, employers for which the declaration referred to in Article L. 133-5-3 of the Social Security Code has not been implemented declare the occupational risk factors defined in Article D. 4161-2 of the same Code under the following conditions:
1° For employers of agricultural workers, the declaration shall be made in accordance with the terms defined in Article III R. 4162-1 of the Labour Code in its drafting prior to the publication of this decree;
2° For other employers, the statement is made by means of the social data declaration referred to in the second paragraph of the second paragraph of the second paragraph of Article 13 of Order No. 2015-682 of 18 June 2015 on the simplification of employer social declarations.
III. - Employers referred to in 1° and 2° of II of this Article shall remain governed by the provisions of Article R. 4162-57 of the Labour Code in its writing before January 1, 2016 for the payment of the contribution referred to in Article II of Article L. 4162-20 of the same Code. However, the provisions of Article R. 4162-1 for these employers are applied in its current drafting effective January 1, 2016.
IV. - By derogation from the provisions of 1° of Article R. 4162-1 of the Labour Code, the employer may correct its statement of occupational risk factors for the year 2015 until September 30, 2016, without the application of the penalty referred to in the second paragraph of Article R. 133-18 of the Social Security Code.
The Minister of Social Affairs, Health and Women's Rights 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.
Done on December 30, 2015.
Manuel Valls
By the Prime Minister:
The Minister of Labour, Employment, Vocational Training and Social Dialogue,
Myriam El Khomri
Minister of Social Affairs, Health and Women ' s Rights,
Marisol Touraine
