Future Contract
LexInter | June 14, 2009 | 0 Comments

Future Contract

Section 3 Contract for the future
  • Sub-section 1 Conventions

    Article R. 5134-38  

    The objectives agreement concluded with the State, in application of article L. 5134-36, determines, where applicable, the delegated bodies mentioned in article L. 5134-37 as well as the number of contracts of future that can be concluded.

    Article R. 5134-39  

    The individual agreement, provided for in article L. 5134-38, is concluded and implemented by the chairman of the general council, the mayor of the municipality and, where applicable, the chairman of the public inter-municipal cooperation establishment.
    However, and subject to Article L. 5522-2 laying down specific provision for overseas territories, when the conclusion and implementation of the agreement for the benefit of beneficiaries of the allowance for the minimum integration income are provided by the municipality or by the public establishment of inter-municipal cooperation, these are subject to the prior conclusion of a delegation agreement between the department and the municipality or thepublic establishment of inter-municipal cooperation.

    Article R. 5134-40  

    The individual agreement mentioned in article L. 5134-39 is concluded, on behalf of the State, by the National Employment Agency.

    Article R. 5134-41  

    The chairman of the general council, the mayor or the chairman of the public intermunicipal cooperation establishment may delegate all or part of the competence they derive from article L. 5134-38 to one of the bodies mentioned in articles L 5311-2 and L. 5311-4.

    Article R. 5134-42  

    The delegation of the implementation of the contract for the future provided for in article R. 5134-41 gives rise to an agreement which relates in particular to:
    1 ° The nature of the delegated powers;
    2 ° The qualitative and quantitative objectives of contracts for the future;
    3 ° The methods of control and monitoring of these agreements.

    Article R. 5134-43  

    The steering committee provided for in article R. 5134-87 is kept informed of this delegation by the chairman of the general council, the mayor or the chairman of the public inter-municipal cooperation establishment.

    Article R. 5134-44  

    The employer, prior to hiring under a contract for the future, sends a request for an agreement to one of the following persons:
    1 ° The chairman of the general council;
    2 ° The mayor of the municipality of residence of the beneficiary of the allowance;
    3 ° The president of the public establishment of intermunicipal cooperation to which the municipality adheres;
    4 ° The National Employment Agency;
    5 ° The delegated body.
    The agreement entered into takes effect only from the date of hire, which cannot be earlier than the date of conclusion of the agreement.

    Article R. 5134-45  

    The employer, prior to the renewal of a contract for the future, sends the local authority or the public inter-municipal cooperation establishment that signed the initial agreement or to the National Employment Agency or the delegatee a request for renewal of the agreement.
    The renewal of the contract takes effect on the date of renewal of the agreement.

    Article R. 5134-46  

    The chairman of the general council, the mayor, the chairman of the public inter-municipal cooperation establishment or the National Employment Agency sends the CNASEA a copy of the agreement and, where applicable, of the renewal amendment.

    Article R. 5134-47  

    The individual agreement is concluded for a period of two years.
    However, when specific circumstances relating to the sector of professional activity or the job profile justify it, the Prefect may provide for a period of between six and twenty-four months. It may provide for a minimum period of three months for people benefiting from a modified sentence.

    Article R. 5134-48  

    The individual agreement can be renewed. The total duration of the agreement may not, taking into account renewals, exceed thirty-six months.
    For beneficiaries over the age of fifty and persons recognized as disabled workers, the renewal limit may be 36 months and the total duration may not exceed five years.

    Article R. 5134-49  

    The individual agreement includes:
    1 ° The identity, address and SIRET number of the employer;
    2 ° The name and address of the employee;
    3 ° His age, his level of training, his situation at the time of hiring with regard to the allowances mentioned in article L. 5134-35;
    4 ° Its registration number in the national directory for the identification of natural persons;
    5 ° The characteristics of the proposed job;
    6 ° The date of hiring and the end of the contract;
    7 ° The working time and, where applicable, the indicative program of the distribution of the working time in application of article R. 5134-60 over the period covered by the contract;
    8 ° The nature and duration of the support and training actions;
    9 ° The person or body responsible for placement or integration;
    10 ° The amount and terms of payment of the aid paid to the employer by the debtor of the allowance;
    11 ° The body responsible for paying the allowance to which the beneficiary of the contract for the future falls;
    12 ° The competent body for the collection of social contributions and contributions;
    13 ° The amount and terms of payment of State aid to the employer;
    14 ° The terms of control and evaluation of the agreement;
    15 ° The methods of repayment of aid, in particular in the event of non-compliance by the employer with its contractual obligations.

    Article R. 5134-50  

    An appendix to the individual agreement specifies:
    1 ° The objectives, the program and the methods of organization and evaluation of the support and training actions;
    2 ° The terms of intervention of the person or body designated as the referent in application of sub-section 2 for the follow-up of the professional integration path of the beneficiary.

    Article R. 5134-51  

    An order from the Minister in charge of employment fixes the model of individual agreement.

    Article R. 5134-52  

    In the event of non-compliance with the provisions of the individual agreement by the employer, the authority or the delegatee signatory of the agreement informs the employer in advance of its intention to terminate the agreement.
    The latter has seven days to make his observations known.
    In the event of termination of the agreement, the authority or the signatory delegatee informs the CNASEA as well as the competent body for the collection of social contributions and contributions.

    Article R. 5134-53  

    In the event of denunciation, the employer pays back all the sums already received. He also pays the amount of employer social contributions and contributions from which he was exempted under the employment contract in question. These contributions and contributions are paid at the latest on the first due date of the contributions and social contributions following the date of notification to the employer of the decision to terminate.
    He is bound by the same obligations, for the hours of work not completed, but giving rise to the benefit of aid, on the effective date of the breach of the contract for the future or its suspension for one of the reasons listed in article R. 5134-61.

    Article R. 5134-54  

    In the event of breach of the contract for the future before the term initially set in the individual agreement, the latter is automatically terminated.

    Sub-section 2 Referent
    Article R. 5134-55  

    As soon as the individual agreement is concluded, the chairman of the general council, the mayor or the president of the public inter-municipal cooperation establishment designates a referent responsible for monitoring the professional integration path of the beneficiary of the contract for the future. .

    Article R. 5134-56  

    The reference role may be entrusted to a natural person or an organization responsible for placement or integration, in particular an employment center or one of the organizations mentioned in Articles L. 5311-2 and L. 5311. -4.

    Article R. 5134-57  

    The referent can be the natural person mentioned in the second paragraph of article L. 262-37 of the code of social action and families.
    When it is signed by the president of the general council, the contract for the future can then take the place of an integration contract within the meaning of the same article.

    Sub-section 3 Employment contract
    • Paragraph 1 Conclusion

      Article R. 5134-58  

      When the person is simultaneously entitled to several of the allowances mentioned in the first paragraph of Article L. 5134-35, the contract is signed with the person concerned in his capacity:
      1 ° As beneficiary of the specific solidarity allowance if he is is also a beneficiary of the allowance for disabled adults, the allowance for single parents or the minimum integration income allowance;
      2 ° A recipient of the allowance for disabled adults if he is also a recipient of the single parent’s allowance or the minimum integration income allowance;
      3 ° A recipient of the single parent’s allowance if he is also a recipient of the minimum integration income allowance.

      Article R. 5134-59  

      The payment of aid to the employer is the responsibility of the local authority liable for the allowance in its capacity as beneficiary of which it signs the contract.

      Paragraph 2 Hours of work

      Article R. 5134-60  

      The contract for the future may provide that the weekly or monthly duration of the work varies, within the limit of one third of its duration, over all or part of the year provided that, over one year or over the period of execution of the contract when it is less than one year, the weekly duration is equal on average to the duration of the employment contract.
      For the calculation of remuneration, the number of weekly working hours is deemed to be equal to the duration of the employment contract.
      The indicative program of the distribution of working time over the year or over the period of performance of the contract is communicated, in writing, to the employee at least fifteen working days before the annual reference period. Any modification to this schedule also respects a notice period of fifteen days.

    • Section 3 Renewal, suspension and termination of the contract
      Article R. 5134-61  

      In the event of renewal, suspension or early termination of the contract, in particular in application of Articles L. 5134-48 to L. 5134-50, the employer shall inform, within seven clear days, the body responsible for allowance service under which the contract was concluded, the body or community responsible for the payment of the aid and the CNASEA, to which it transmits:
      1 ° In the event of termination of the contract, at the initiative of the employee or the employer, a copy of the termination letter mentioning, where applicable, whether it took place during the trial period;
      2 ° In the event of serious misconduct or force majeure, a copy of the letter in which the immediate termination of the contract is noted;
      3 ° In the event of termination justified by the conclusion with another employer of a fixed-term contract of more than six months or of an indefinite contract or by the follow-up of training allowing the acquisition of one of the qualifications mentioned in Article L. 6314-1, any document justifying hiring or registration for training;
      4 ° In the event of suspension of the contract to complete a trial period with another employer, a copy of the corresponding employment contract;
      5 ° In the event of suspension of the contract for medically established incapacity, work accident and occupational disease, legal maternity, paternity or adoption leave, a copy of the supporting documents attesting to the employee’s situation;
      6 ° In the event of renewal of the contract, a copy of the rider to the individual agreement.

      Article R. 5134-62  

      When they are informed of the reasons for suspension or termination of the employment contract by the employee, the bodies responsible for the allowance service take into account the information transmitted by the person concerned for the determination of entitlement to the allowance.

      Article R. 5134-63  

      In the event of suspension or termination of the contract for the future, payment of the period aid is interrupted from the effective date of the suspension or termination. The sums unduly received are returned.
      However, when the remuneration is maintained in whole or in part in the cases of suspension mentioned in 5 ° of article R. 5134-61, the aid corresponding to the period continues to be paid.

  • Sub-section 4 Financial and statistical monitoring
    Article R. 5134-64  

    Every quarter, the employer communicates to the CNASEA as well as to the body or community responsible for paying the aid the supporting documents attesting to the effectiveness of the employee’s activity.

    Article R. 5134-65  

    Automated processing of personal data is implemented to ensure the management, control and accounting and statistical monitoring of contracts for the future.

    Article R. 5134-66  

    The organizations mentioned in Article L. 262-30 of the Code of Social Action and Families and in Article L. 5427-1 of this Code transmit, by computer to the CNASEA, the data necessary for identification. beneficiaries of the minimum integration income allowance, the allowance for single parents, the allowance for disabled adults and the specific solidarity allowance fulfilling the conditions for benefiting from a contract for the future.
    These data relate to:
    1 ° The name and address of the interested parties;
    2 ° Their date of birth;
    3 ° Their registration number in the national identification directory of natural persons;
    4 ° The amount of the allowance received and the duration of entitlement to the allowance.

    Article R. 5134-67  

    With a view to preparing and concluding contracts for the future, the CNASEA sends the signatory authority or the delegatee, at its request, the nominative information relating to the beneficiaries:
    1 ° The name and address of the interested parties ;
    2 ° Their date of birth;
    3 ° The nature of the allowance received.

    Article R. 5134-68  

    The CNASEA is responsible for the computer entry of the data entered in the individual agreements.
    The regional delegations of the CNASEA use the data for:
    1 ° The calculation and payment of aid granted to the employer under the contract for the future in application of the provisions of article L. 5134-51;
    2 ° The development of anonymous statistical and financial data.

    Article R. 5134-69  

    For the application of the provisions of articles R. 5425-2 to R. 5425-7 of this code, R. 262-8 of the code of social action and families and R. 524-3 and R. 821-4 of the code of social security , CNASEA transmits the organizations mentioned in Article L. 5427-1 of the code and Article L. 262-30 of the code of social Action and families:
    1 ° The following information relating to the persons holding the contract for the future and necessary for the determination, processing and settlement of their rights relating to the allowance:
    a) The name and address of the persons concerned;
    b) Their registration number in the national directory for the identification of natural persons;
    c) The effective date of the contract and its expiry date;
    d) The amount of the corresponding income;
    2 ° Information relating to any change in the employee’s situation having the effect of modifying the amount of assistance to the employer.

    Article R. 5134-70  

    The departmental directorates of labor, employment and vocational training and, at their request, the services of local authorities, public inter-municipal cooperation establishments, local employment agencies and delegates mentioned in article R 5134-41 are the sole recipients of personal data relating to contracts for the future contained in the agreements, with the exception of the number ofregistration in the national directory for the identification of natural persons.

    Article R. 5134-71  

    For the purposes of financial and statistical monitoring of the implementation of these contracts, the presidents of the general councils, the prefects and the central and regional services of the minister responsible for employment are recipients of aggregated statistical data.
    The statistical services of the minister responsible for employment are also recipients of individual information extracted from agreements, previously made anonymous for the construction of representative statistical samples.

    Article R. 5134-72  

    Personal data may not be kept beyond the period necessary to carry out the operations provided for in Articles R. 5134-66 and R. 5134-71.
    The recording, use, conservation and transmission of this data are carried out in accordance with the procedures designed to guarantee their confidentiality.

    Article R. 5134-73  

    The beneficiary of the contract for the future can exercise the right of access provided for by article 39 of law n ° 78-17 of 6 January 1978 as amended relating to data processing, files and freedoms with the executive of the local authority, the public inter-municipal cooperation establishment, the local employment agency or the delegated body and the regional delegation of the CNASEA.
    When a correction is made, the body which carries out it shall notify the body which issued the information or was made the recipient of it.

  • Sub-section 5 Financial assistance and exemptions
    • Paragraph 1 Financial assistance
      Article R. 5134-74  

      The aid mentioned in the first paragraph of Article L. 5134-51 is paid by the CNASEA for beneficiaries of the specific solidarity allowance, the single parent allowance and the allowance for disabled adults and by the department or by any body with which it has signed an agreement for beneficiaries of the minimum integration income allowance.

      Article R. 5134-75  

      The aid is calculated in due proportion to the working time provided for in the contract, on the basis of one thirtieth indivisible. It is paid monthly and in advance.

      Article R. 5134-76  

      Where applicable, the body responsible for the department’s assistance service to the employer, in application of the fourth paragraph of article L. 5134-51, collects any undue payment of this assistance withheld from the amount aids to fall.
      In the absence of recovery on the aid to fall due, the president of the general council notes the undue payment and transmits to the departmental payer the corresponding revenue title for recovery. In the event that the right to aid has ceased, repayment is made in one go or according to a schedule established by the departmental payer.

      Article D 5134-77  

      For contracts concluded with beneficiaries of the minimum integration income allowance, the amount of aid paid by the local authority liable for the allowance pursuant to the first paragraph of Article L. 5134-51 is reduced by 12% of the amount of the minimum integration income guaranteed to a single person in application of article L. 262-2 of the code of social action and families.The amount corresponding to this 12% share is covered by the State.

    • Paragraph 2 Social cohesion premium
      Article D 5134-78  

      The social cohesion bonus, granted under the fifth paragraph of article L. 5134-51, is calculated on the basis of the difference between the gross monthly remuneration paid to the employee by the employer within the limit of the minimum growth wage and the amount of aid granted to the latter pursuant to the second paragraph of the same article. Gross remuneration means the salary and contributions due by theArticle L. 911-2 of the Social Security Code , when these result from legal provisions or collective agreements made compulsory by legal provisions.

      Article D 5134-79  

      Subject to renewal of the agreement by amendment, the premium is equal to:
      1 ° 75% of the amount mentioned in the first paragraph of article D. 5134-78 for the first year of performance of the contract;
      2 ° 50% for the second and third years as well as for the fourth and fifth years when the contract benefits people aged fifty and over on the date of hiring and to people recognized as disabled workers under the conditions provided for in Article L. 5213-1.

      Article D 5134-80  

      Employers contracted under Article L. 5132-15, as a workshop or integration project, receive assistance the amount of which is equal to 90% of the amount mentioned in Article D. 5134-78 during the entire duration of the contract.
      As an exception, for the initial agreements concluded from January 1, 2007, employers who hire specific solidarity allowance recipients aged fifty and over whose rights have been open for at least 24 months on the date of conclusion of the contract receive aid the amount of which is equal to 100% of the amount mentioned in article D. 5134-78 throughout the duration of the contract.

      Article D 5134-81  

      The aid mentioned in articles D. 5134-78 and D. 5134-80 is paid by the CNASEA.
      They are calculated in due proportion to the working time per indivisible thirtieth.
      They are paid monthly and in advance.

    • Section 3 Exemptions
      Article R. 5134-82  

      The amount of the exemptions mentioned in the seventh paragraph of article L. 5134-51 is equal to the amount of employer social security contributions corresponding to the fraction of the remuneration paid to employees under individual agreements linked to the contract for the future n ‘not exceeding the product of the minimum growth wage by the monthly working time equivalent to twenty-six hours per week or to the monthly working time provided for in the contract for employers approved as workshops or integration sites or approved in title of services to the person.integration or approved for personal services.integration or approved for personal services.

      Article R. 5134-83  

      In the event of suspension of the employment contract with total or partial maintenance of the employee’s gross monthly remuneration, the number of working hours taken into account for the calculation of the exemption is equal to the product of the monthly working time equivalent to twenty-six hours per week or the monthly working time provided for in the employment contract for contracted employers for workshops or construction sites.integration or approved under personal services, and the part of the remuneration still payable by the employer and subject to contribution.
      In other cases of incomplete activity during the month, the monthly working time provided for in article R. 5134-82 is related to the employee’s presence time.

    • Paragraph 4 Fixed aid in the event of hiring under a permanent employment contract
      Article R. 5134-84  

      The transformation of the contract for the future into a contract of indefinite duration gives rise to the right to the flat-rate aid provided for in article L. 5134-52. This transformation must take place before the end of the contract for the future.
      The assistance is paid after six months of effective presence under an indefinite contract of the employee with the employer. The latter sends a copy of the indefinite employment contract to the CNASEA, which ensures the payment of the aid.

      Article R. 5134-85  

      The amount of the flat-rate aid is set by a joint decree of the ministers responsible for employment and the budget.

      Article R. 5134-86  

      The flat-rate aid is paid at once.

      Sub-section 6 Steering committee
      Article R. 5134-87  

      A steering committee coordinates, in each department, the implementation of the contract for the future and organizes the arrangements for the personalized follow-up of the beneficiaries of this contract.
      It is placed under the co-chairmanship of the president of the general council and the prefect.
      In particular, it includes representatives of the mayors of the municipalities or the presidents of public inter-municipal cooperation establishments exercising the competence to implement the contract for the future.

Leave a Comment

Your email address will not be published.


CAPTCHA Image
Reload Image