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Summary
Amendment of Art. R. 322-7-2 of the Labour Code (art. 1 of Decree 2000-105).
Keywords
EMPLOYMENT , JOB , JOB CODE , SALARIED , EMPLOYEE AGE , TERMINATION OF ACTIVITY , FINANCIAL PARTICIPATION , ETAT HELP , REMUNERATION , PROCESSING , REPLACEMENT INCOME , PROFESSIONAL AGREEMENT , ENTERPRISE AGREEMENT , ENTERPRISE , PARTIAL SUPPORT , GRANTING , ALLOCATION , COLLECTIVE TENURE OF WORK , PREVISIONAL EMPLOYMENT MANAGEMENT , DURATION OF ACTIVITY , ADAPTATION , EVOLUTION , CONTRACT OF EMPLOYMENT , SUSPENDING , BENEFICIARY
JORF No. 24 of 29 January 2005 Page 1552
Text #4
DECRET
Decree n ° 2005-58 of 27 January 2005 concerning the cessation of employment of certain employed persons and amending the Labour Code (second part: Orders in Council of State) NOR: SOCF0510004D ELI: http://www.legifrance.gouv.fr/eli/decret/2005/1/27/SOCF0510004D/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/decret/2005/1/27/2005-58/jo/texte
The Prime Minister,
On the report of the Minister of Employment, Labour and Social Cohesion,
In view of Act No. 2003-775 of 21 August 2003 on pension reform, Article 18;
In view of the Labour Code, in particular Article L. 352-3;
In view of the Social Security Code;
In view of the opinion of the Management Board of the Central Agency of Social Security Institutions as of 23 January 2004 ;
In view of the opinion of the Board of the National Fund for Health Insurance of Employed Workers as of 27 January 2004;
In view of the opinion of the Board of Directors of the National Pension Insurance Fund as of the date of 4 February 2004;
In view of the opinion of the Board of Directors of the Committee on Workers' Compensation and Occupational Diseases dated 28 January 2004;
In view of the advice of the Board of Directors of the National Family Allowance Fund As of February 10, 2004;
The Conseil d' Etat (social section) heard,
Describes:
Item 1
Article R. 322-7-2 of the Labour Code is modified as follows:
I.-In paragraph I, the words: " The State may take in part the replacement income paid to employees benefiting from Measures for partial cessation of activities organised pursuant to a national professional agreement referred to in Article L. 352-3 of the Labour Code Are replaced by the words: " The State may take part in the income of Replacement paid to employees entitled to pre-retirement benefits pursuant to a national professional agreement qualifying for exemption from social security contributions under the conditions laid down in Article L. 352-3 of the Code of Job ".
II. -The first subparagraph of paragraph II shall be deleted and the second and third paragraphs shall be amended
follows: The taking up of the allocation by the State may only take place if the undertaking provided for by agreement or collective agreement of the Provisions relating to the forecasting of employment, the development of the skills of its employees and their adaptation to the development of their employment. The collective agreement or agreement shall also determine the maximum number of beneficiaries of the allowance for the period of accession defined by the professional agreement referred to in I. "
III. -In paragraph IV:
In the first subparagraph, after the words: To open the right to partial support of the allocation by the State ", are added the words:" And the social security contribution exemption ".
The 1 ° is written as Follows: " The employee must have personally adhered to the cessation of activity ".
The 3 ° is worded as follows:" Must have joined the device at the earliest age of 55 and no later than its 65th birthday ".
IV. -In paragraph VI:
In the first subparagraph, the words: If applicable " And the words: " And among them, the number of employees whose allowance may be subject to partial payment by the State " Are deleted.
Second Paragraph, the words " To the Minister responsible for employment " Are replaced by the words: " To the signing authority of the Convention " And the words: " As well as the number of employees whose allowance is likely to give rise to a takeover Partial by state " Deleted.
In the fourth paragraph, the words: " To the Minister responsible for employment " Are replaced by the words: " To the signing authority of the Convention ".
V.-In paragraph VII:
In the first subparagraph, the words: And contributions to supplementary pension schemes for the benefit of the same beneficiaries " Are deleted.
The 4 ° is deleted.
VI. -Paragraph VIII is worded as follows: The State shall reimburse the undertaking by paying to the managing body designated by the professional agreement the financial participation which is the responsibility of the undertaking. This refund is made on a quarterly basis in arrears. "
VII. -In paragraph IX:
In the first subparagraph, the words: If applicable " Are deleted.
In the third paragraph, the words: " The Minister responsible for employment " Are replaced by the words: " The authority signing the agreement ".
Last Paragraph, the words " And supplementary pension contributions " Are deleted. Item 2
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The Minister of Employment, Labour and Social Cohesion, the Minister of Solidarity, Health and Family Affairs, the Minister of Economy, Finance and Industry, and the Minister Delegate to the Budget and The budgetary reform, a spokesman for the Government, shall each be responsible for the implementation of this Decree, which shall be published in the Official Journal of the French Republic.
Done at Paris, January 27, 2005.
Jean-Pierre Raffarin
By the Prime Minister:
The Minister of Employment, of the
and Social Cohesion,
Jean-Louis Borloo
The Minister of Solidarity,
de la santé et de la famille,
Philippe Douste-Blazy
The Minister of Economics,
Finance and Industry,
Hervé Gaymard
The Minister Delegate to the Budget
and Budget Reform,
Government Spokesperson,
Jean-François Copé
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