LABOR CODE
LexInter | July 15, 2013 | 0 Comments

LABOR CODE

FUTURE CONTRACT

Article L322-4-10

(Law nº 89-905 of December 19, 1989 art. 5 Official Journal of December 20, 1989 in force on January 1, 1990) (Law nº 91-1405 of December 31, 1991 art. 1 II 6º Official Journal of January 4, 1992) (Law nº 91-1405 of December 31, 1991 art. 8 Official Journal of January 4, 1992) (Law nº 93-1313 of December 20, 1993 art. 18 V Official Journal of December 21, 1993) (Law nº 97-940 of October 16, 1997 art . 4 Official Journal of October 17, 1997) (Law nº 98-657 of July 29, 1998 art. 7 V Official Journal of July 31, 1998) (Law nº 2005-32 of January 18, 2005 art. 49 Official Journal of January 19, 2005)
Ordinance n ° 2005-57 of January 26, 2005 art. 8 Official Journal of January 28, 2005 and corrigendum JORF February 12, 2005)

An employment contract known as a ” contract for the future” is hereby instituted , intended to facilitate the social and professional integration of people benefiting, for a period fixed by decree in the Council of State, from the minimum integration income, from the specific solidarity allowance or single parent allowance.
The contracts for the future relate to jobs aimed at satisfying unmet collective needs.
The department or municipality of residence of the beneficiary or, where applicable, the public inter-municipal cooperation establishment to which the municipality belongs is responsible for ensuring the implementation of the contract for the future under the conditions set out in Articles L. 322- 4-11 to L. 322-4-13.
The department or municipality of residence of the beneficiary or, where applicable, the public inter-municipal cooperation establishment to which the municipality belongs may, by agreement, entrust the employment center, at the local multiannual plan for integration and ’employment or to the local mission the implementation of contracts for the future concluded for the inhabitants of its jurisdiction.
In each department, a steering committee coordinates the implementation of the contract for the future and organizes the arrangements for the personalized follow-up of the beneficiaries of this contract. Placed under the co-chairmanship of the president of the general council and of the representative of the State in the department, it includes in particular representatives of the mayors of the municipalities or the presidents of public institutions of inter-municipal cooperation exercising the competence of implementation of the contract for the future. . The composition, missions and conditions of organization and operation of this commission are fixed by decree.
In the overseas departments, the integration agency implements the contracts for the future concluded with the beneficiaries of the minimum integration income.

Article L322-4-11

(Law nº 89-905 of December 19, 1989 art. 5 Official Journal of December 20, 1989 in force on January 1, 1990) (Law nº 91-1 of January 3, 1991 art. 7 Official Journal of January 5, 1991) (Law nº 91 -1405 of December 31, 1991 art. 1 II 6º Official Journal of January 4, 1992) (Law nº 91-1405 of December 31, 1991 art. 1 II 6º, art. 9 II Official Journal of January 4, 1992) (Law no 93- 1313 of December 20, 1993 art. 18 VI Official Journal of December 21, 1993) (Law nº 2005-32 of January 18, 2005 art. 43 Official Journal of January 19, 2005) ( Law nº 2005-32 of January 18, 2005 art. 49 Journal January 19, 2005 official)

The conclusion of each contract for the future is subject to the signing of an agreement between the beneficiary of the contract, who undertakes to take part in all the actions provided for therein, the president of the general council or the mayor or, the if applicable, the president of the public establishment of inter-municipal cooperation, the representative of the State and one of the employers belonging to the following categories:
1 ° Local authorities and other legal persons governed by public law;
2 ° Legal entities governed by private law responsible for the management of a public service;
3 ° Other non-profit private law organizations;
4 ° The employers mentioned in articles L. 322-4-16 and L. 322-4-16-8.
This agreement defines the professional project proposed to the beneficiary of the contract for the future. It fixes in particular the conditions of support in the employment of the beneficiary and the actions of training or validation of acquired experience which must be implemented for his benefit under the conditions provided for in Article L. 935-1. .
The chairman of the general council or the mayor or, where applicable, the chairman of the public intermunicipal cooperation establishment designates, upon conclusion of the contract for the future, a natural person responsible for ensuring, as a referent , the follow-up of the professional integration path of the beneficiary of the contract for the future.
This mission may also be entrusted to an organization responsible for placement or integration, in particular to an employment center or to one of the organizations mentioned in the first and third paragraphs of article L. 311-1.
Where applicable, the aforementioned referent may be the natural person mentioned in the second paragraph of Article L. 262-37 of the Code of Social Action and Families. When signed by the president of the general council, the contract for the future can take the place of an integration contract within the meaning of the same article.
The agreement is concluded for a period of two years; it is renewable for a period of twelve months. The situation of the beneficiary of the contract for the future is reviewed every six months.

Article L322-4-12

(Law nº 89-905 of December 19, 1989 art. 5 Official Journal of December 20, 1989 in force on January 1, 1990) (Law nº 91-1405 of December 31, 1991 art. 1 II 6º Official Journal of January 4, 1992)
(Law nº 91-1405 of December 31, 1991 art. 1 II 6º, art. 9 III Official Journal of January 4, 1992) (Law nº 93-1313 of December 20, 1993 art. 18 VII Official Journal of December 21, 1993) (Law nº 98-657 of July 29, 1998 art. 7 VI Official Journal of July 31, 1998)
Law n ° 2005-32 of January 18, 2005 art. 43 Official Journal of January 19, 2005)
(Law n ° 2005-32 of January 18, 2005 art. 49 Official Journal of January 19, 2005)


I. – The contract for the future is a fixed-term private law employment contract concluded in application of article L. 122-2 with one of the employers mentioned in article L. 322-4-11. It is concluded for a period of two years. It can be renewed within the limit of twelve months. For beneficiaries over the age of fifty, the renewal limit may be thirty-six months. The provisions of the last paragraph of Article L. 122-2 relating to the maximum number of renewals are not applicable.
Except for contractual clauses providing for a trial period of a shorter duration, the trial period of the contract for the future is set at one month.
The weekly working time of people hired under a contract for the future is set at twenty-six hours. This duration may vary over all or part of the period covered by the contract, without exceeding the duration provided for in the first paragraph of article L. 212-1 of this code and in article L. 713-2 of the rural code and on condition that, over this entire period, it does not exceed an average of twenty-six hours. This contract obligatorily provides for training and support actions for the benefit of its holder, which can be carried out during and outside working time. It gives the right to a skills certificate issued by the employer and it is taken into account as part of the experience required for the validation of acquired experience.
The beneficiary of the contract for the future, subject to more favorable contractual clauses, receives remuneration equal to the product of the minimum growth wage by the number of hours worked.

   II. – The employer benefits from an aid which is paid to him by the debtor of the allowance received by the beneficiary of the contract. The amount of this assistance is equal to that of the guaranteed minimum income allowance for a single person in application of article L. 262-2 of the code of social action and families.
He also receives from the State a degressive aid with the duration of the contract, the amount of which, added to that of the aid provided for above, cannot exceed the level of the remuneration paid to the person concerned. For employers contracted under Article L. 322-4-16-8, this aid is not degressive.
The provisions of the second and third paragraphs of II of article L. 322-4-7 are applicable to the contract for the future.

III. – The State provides lump-sum assistance to the employer in the event of the hiring of the beneficiary under a contract of indefinite duration under the conditions specified by the agreement provided for in article L. 322-4-11.
IV. – By way of derogation from the provisions of the second paragraph of Article L. 122-3-8, the contract for the future, concluded for a fixed period, may be terminated before its term, at the initiative of the employee, when the latter justify hiring for an indefinite period or for a fixed period at least equal to six months, or following a training course leading to a qualification mentioned in the first four paragraphs of article L. 900-3.
At the request of the employee, the contract for the future may be suspended in order to allow him to carry out a trial period relating to a job offer aimed at hiring, on an open-ended or fixed-term contract at least equal to six months. In the event of hiring at the end of this trial period,
In the event of termination of the contract for a reason other than those provided for above or when this contract is not renewed and the beneficiary does not exercise remunerated professional activity, the payment of the allowance from which he benefited before the conclusion of the contract is maintained or reinstated according to the conditions respectively provided for in Articles L. 262-7 to L. 262-12-1 of the Social Action and Families Code, L. 351-10 of this code or L. 524 -1 of the social security code.

Article L322-4-13

(Law nº 90-579 of July 4, 1990 art. 4 Official Journal of July 10, 1990) (Law nº 91-1405 of December 31, 1991 art. 1 II 6º Official Journal of January 4, 1992) (Law nº 91-1405 of 31 December 1991 art. 1 II 6º, art. 9 IV Official Journal of January 4, 1992) (Law nº 93-1313 of December 20, 1993 art. 18 VIII Official Journal of December 21, 1993) (Law nº 2005-32 of January 18, 2005 art. 43 Official Journal of January 19, 2005)
(Law n ° 2005-32 of January 18, 2005 art. 49 Official Journal of January 19, 2005)

A Council of State decree determines the terms of application of Articles L. 322-4-11 and L. 322-4-12. It specifies, in particular, the exchanges of nominative information to which the preparation of contracts for the future may give rise, the conditions under which these agreements are suspended, renewed or terminated, as necessary the distribution over the year. periods of work, training and support, the conditions and limits under which aid is paid by the State to the employer and, where applicable, to the local authority or to the public establishment of inter-municipal cooperation, as well as the conditions under which the payment of the allowance from which the holder of the contract for the future benefited is maintained or restored to the expiry of this contract. It also specifies the conditions under which the local authorities or establishments referred to in Article L. 322-4-10 may delegate their powers to one of the bodies mentioned in the first and third paragraphs of Article L. 311-1 for the implementation of the contract for the future.

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