Key Benefits:
The Prime Minister,
On the report of the Overseas Minister,
Given the Labour Code applicable to Mayotte;
In view of the advice of the General Council of Mayotte as of 30 September 2003,
Describes:
It is created in Title II of Book III of the Labour Code applicable to Mayotte (Part III: Decrees) a Chapter IV written as follows:
" Chapter IV
"Special provisions for youth employment
" Initiative-young initiative
" Art. D. 324-9. -The maximum amount of aid provided for in Article L. 324-9 shall be EUR 7 320.
' The maximum amount of the monthly aid provided for in Article L. 324-9 shall be EUR 305.
" Training costs may be the subject of a Flat-rate charge of up to EUR 762. Where aid is intended for the creation of enterprises, a maximum of 15 % of its amount shall be devoted to consultancy or training activities for the management of enterprises. "
It is created in Title II of Book III of the same code a chapter V thus written:
"Chapter V
" Provisions for creating Business
and job creation
"Business Creation Assistance for Job Seekers
" Art. D. 325-1. -I.-The amount of the ceiling on aid for the creation of undertakings referred to in Article L. 325-1 shall be set at EUR 4
. The amount of aid granted is appreciated, in view of the file, according to the reality and the legal viability, The economic, financial and technical aspects of the project as well as its interest in local employment
. II. -The consulting team shall be composed of six cheques of a unit amount of EUR 46 assumed by the State. A cheque is equivalent to one hour of advice, the consulting time is set at 61 euros.
" III. -Any person who withdraws an application for assistance in the creation of undertakings and who meets the conditions laid down in Article L. 235-1 may request the benefit of one or two consulting
. Any person whose assistance is provided for in Article L. 235-1 has been authorised to claim the benefit of a consulting team within the limit of three, net of those already granted to it before the establishment of the enterprise for the same project
IV. -The consulting teams shall be issued by the Directorate of Labour, Employment and Vocational Training. They are nominative. They shall be valid for thirty-six months from the date of issue.
" V.-Cheques representing the contribution of the State shall be used by the beneficiaries with authorised bodies designated by the State representative. The list of organizations is updated annually. The bodies which, in advance, will have acceded to a model convention defining the principles and procedures for intervention, whose model is adopted by the representative of the State in Mayotte, shall be empowered. "
It is created in Title II of Book III of the same code a chapter VII so written:
"Chapter VII
" Compensation for unemployment
"Section I
" Insurance Plan
" None.
" Section II
"Temporary loss of salary
" Art. D. 327-10. -The hourly rate of the specific allocation for partial deprivation of employment provided for in Article L. 327-10 shall be fixed at EUR 1.5. "
It is created in the same code a book VII so written:
"LIVRE VII
" OF VOCATIONAL TRAINING
"Chapter I
" General
" None.
" Chapter II
"Alternate Training Contracts
" Section 1
"Qualification Contracts
" Art. D. 712-1. -The qualification contract provided for in Article L. 711-5 shall be addressed to persons under thirty years of age who have not acquired a qualification during their education or who have acquired a qualification which has not enabled them to obtain a
. Periods of business in respect of education may not result in the conclusion of qualification contracts.
" Training activities which constitute elements of the initial training of young people under the status of Shall not be subject to a qualification contract or to conclude agreements concluded pursuant to Article L. 711-6.
" Training actions cannot be put in place By a training institution or educational institution in the context of a qualifying contract only after the signature of a training agreement concluded pursuant to Article L. 711-6.
" Art. D. 712-2. -The authorisation provided for in Article L. 711-6 shall be subject to the filing of a file containing:
" 1 ° The text of the Convention referred to in the second subparagraph of Article L. 711-6, or the justification for accession to a framework agreement concluded in the Conditions under the same item.
" 2 ° Where the undertaking is not covered by a framework agreement, the minutes of the consultation of the staff representatives, if they exist
3 ° The indication of the number of persons likely to benefit from Qualification and duration contracts.
" 4. Defining jobs for these people.
" 5 ° The name and mention of the professional qualifications of the tutor (s), whose choice, qualification and mission are Determined in accordance with Article D. 712-13.
" 6. Where appropriate, the company's professional training references and, if applicable, the list of titles or diplomas approved or recognised by a convention Or on a list drawn up by the representative of the State in Mayotte pursuant to Article L. 711-5.
" Art. D. 712-3. -The authorisation shall be granted on the basis of the file referred to in the preceding Article and taking into account, in addition, the working, health and safety conditions in the
. Art. D. 712-4. -The application for clearance accompanied by the file is addressed, by registered letter with acknowledgement of receipt, to the representative of the State in Mayotte
The authorisation shall be deemed acquired in the absence of a decision of refusal notified by a representative of The state within one month of receiving the folder.
" The authorisation may be withdrawn by a reasoned decision of the representative of the State in Mayotte taken after the opinion of the Committee on Vocational Training, Social Promotion and Employment in Lack of knowledge of the provisions of Sections I and III of Chapter II of Book VII of the Legislative Part of this Code or of the undertakings given by the employer.
" If an authorized company wishes to enter into contracts for Qualification with alternating training other than those that are the subject of the clearance, it presents a new application.
" Art. D. 712-5. -Where qualifications are recognised in the classifications of a collective agreement, a written document, annexed to the contract, specifies the characteristics of the employment, the objectives, the programme and the conditions for evaluating the training
" Art. D. 712-6. -The deposit of the qualification contract provided for in Article L. 711-5 shall be made no later than the month following the start of the
. The Directorate of Labour, Employment and Vocational Training of Mayotte ensures that the contract is Comply with the enabling decision and the legislative, regulatory or treaty provisions governing it.
" If the administration has not made known its observations within one month of the date of filing, the Contract is considered compliant.
" The person concerned who intends to challenge the decision to refuse registration must, in advance of any legal proceedings, lodge an appeal before the Minister responsible for labour. The appeal must be filed within one month of notification of the decision.
" Art. D. 712-7. -Where the qualification is not sanctioned by a diploma, it shall give rise to a written attestation given by the employer to the holder of the qualification contract. In the case where the qualification is recognised in the classifications of a collective agreement, this certificate shall be drawn up in conjunction with the training organisation, under the conditions laid down in the contract; where the qualification is defined By the order of the State representative in Mayotte pursuant to Article L. 711-5, that certificate shall be established under the conditions laid down by that order.
" Section 2
"Orientation Contracts
" Art. D. 712-8. -The conclusion of an orientation contract is subject to the signing of an agreement between the employer and the body (s) responsible for implementing the vocational guidance measures defined in Article D. 712-10.
" The Convention must specify:
" (a) The nature and duration of planned vocational guidance;
" (b) The arrangements for the organization of such actions;
(c) The modalities of coordination between the guardian and the body responsible for the Implementing these actions.
" Art. D. 712-9. -The policy contract concluded between the young person and the employer after the signature of the agreement referred to in Article D. 712-8 includes, in particular, the following specific
: (a) Identification of the highest degree obtained by the Young;
" (b) The nature of the activities performed and the remuneration;
" (c) The nature and duration of planned vocational guidance;
" (d) The name and qualification of the guardian;
" E) The weekly working time.
" At the conclusion of the policy contract, the employer shall provide the data subject with an information document on the objectives and content of the vocational guidance.
" Art. D. 712-10. -During the term of the contract, the employer is obliged to involve the holder of the policy contract in policy actions and to appoint a guardian to monitor this employee and to coordinate with the organisation responsible for the implementation of the contract. Work of these actions.
" The aim of these policy actions should be to promote the orientation of holders of policy contracts with a view to their initial work experience and the development of a professional project. Either directly to a job or to acquire a qualification, in particular through a learning contract or a qualifying contract.
" They can consist of upgrade actions, Knowledge of the company and its trades, skills assessment and assessment of the acquis, construction of professional project, active job search.
" Such actions shall be at least 25 % of the duration of the Contract.
" These actions shall be carried out for a minimum of 75 % of their duration in the bodies with which the Convention referred to in Article D. 712-8 has been
. These durations may be modified by branch agreement or Extended interprofessional.
" Art. D. 712-11. -The employer is required to submit to the management of the labour, employment and vocational training of Mayotte, upon conclusion of the contract, a file consisting of the following parts:
" 1 ° The contract of employment with the document Information referred to in section D. 712-9.
" 2 ° The copy of the agreement concluded with the body or bodies responsible for implementing the vocational guidance measures defined in Article D. 712-10.
" The Director of Labour, The employment and vocational training of Mayotte ensures that the contract and the agreement are in conformity with the legislative, regulatory or treaty provisions governing the contract of guidance and that the working conditions, Health and safety in the company are compatible with the conduct of an orientation contract.
" If the administration has not made its observations known within one month of the date of filing, the contract shall be considered As compliant.
" The person concerned who intends to challenge the decision to refuse registration must, in advance of any legal proceedings, lodge an appeal before the Minister responsible for labour. This action must be filed within one month of notification of the decision.
"Section 3
" Common provisions for qualifying
contracts And orientation
" Art. D. 712-12. -Contributions for which the employer has been exempt prior to the notification of the decision under R. 711-1 must be made at the latest at the same time as the contributions due in respect of the first pay following the date of the Notification.
" Art. D. 712-13. -For each person holding a contract of qualification or orientation, the employer, unless he himself provides the tutoring, chooses a guardian, with his agreement, among the qualified employees of the undertaking justifying an experiment At least two years, taking into account its level of qualification and the objective to be achieved.
" The mission of the guardian is to welcome, assist, inform and guide the young person during the life of the contract and to ensure that the Respect for his or her schedule. It liaises with the body (s) responsible for implementing orientation, qualification or adaptation actions and participates in the evaluation of the young person. The employer allows him to have the necessary time to perform his duties.
" The guardian may not perform his or her duties simultaneously with respect to more than three employees who hold the contracts referred to in the first paragraph above or in contracts Learning. The employer cannot simultaneously provide the tutoring for more than two employees who hold such contracts.
" Art. D. 712-14. -When a qualification or orientation contract is broken before the end of the contract, the employer shall report the break:
" (a) The Director of Labour, Employment and Vocational Training of Mayotte;
" (b) Where appropriate, to the organization Joint registered collector that has taken care of expenses related to training actions;
" (c) Where the contract is entitled to an exemption from contributions, to the body responsible for collecting social security
. Art. D. 712-15. -The resources of the Joint Body provided for in Article L. 711-1 may be addressed to:
" (a) The financing of training expenditure for the beneficiaries of the qualification contracts provided for in Article L. 711-5;
" (b) Financing of Evaluation of the beneficiaries of the guidance contracts provided for in Article L. 711-7;
" (c) Expenses incurred in connection with the training of tutors as provided for in article D. 712-13;
" (d) Financing related expenses To exercise by the tutors of the following missions:
" -to receive, assist, inform and guide the persons referred to in this Chapter;
" -introduce these people to the different activities of the company;
" -contribute to the acquisition By these people with professional expertise;
" -organise with the employees concerned the activity of these people in the enterprise;
" -ensure, where appropriate, liaison with the bodies responsible for training, the balance sheet or the Career counselling, or support for the person outside the business.
" An order of the representative of the State in Mayotte defines the basis of support and the arrangements for the participation of the body Parity.
" Art. D. 712-16. -Where they exist, staff delegates are consulted on the staff of persons who have entered into contracts for orientation and adaptation contracts, their age, their gender, their initial level of training, The conditions under which the contracts will take place, as well as the results obtained at the end of the contract and their conditions of assessment and validation
Art. D. 712-17. -The exemption from contributions payable by the employer due in respect of social insurance, accidents at work and family allowances relating to the remuneration of the holders of qualification contracts relates to the part of the Salary not exceeding the guaranteed minimum inter-professional wage. "
Decree No. 95-1164 of 6 November 1995 on assistance to jobseekers creating businesses in the departmental community of Mayotte is repealed.
Minister of Social Affairs, Labour and Solidarity, Minister of Economy, Finance and Industry, Overseas Minister and Minister Delegate to Budget and Budget Reform Shall each be responsible for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
Done at Paris, January 27, 2004.
Jean-Pierre Raffarin
By the Prime Minister:
The Minister for Overseas,
Brigitte Girardin
Social Affairs Minister,
du travail et de la solidarité,
François Fillon
Minister of Economics,
Finance and Industry,
Francis Mer
Le Minister Delegate to
Budget and Budget Reform,
Alain Lambert
