LexInter | August 5, 2005 | 0 Comments

NEW HIRING EMPLOYMENT CONTRACT

Article 1


Employers who come within the scope of the first paragraph of Article L. 131-2 of the Labor Code and who employ a maximum of twenty employees may conclude, for any new hiring, an employment contract called “new hiring contract”. The workforce is assessed in accordance with Article L. 620-10 of the Labor Code.

However, such a contract can not be concluded to fill the jobs mentioned in 3 ° of article L. 122-1-1 of the labor code.

Article 2


The employment contract defined in article 1 is concluded without determining the duration. It is established in writing.

This contract is subject to the provisions of the Labor Code, with the exception, during the first two years from the date of its conclusion, of those of Articles L. 122-4 to L. 122-11 , L. 122 -13 to L. 122-14-14 and L. 321-1 to L. 321-17 of this code.

This contract can be terminated at the initiative of the employer or the employee, during the first two years from the date of its conclusion, under the following conditions:

1 ° The termination is notified by registered letter with request for Notice of receipt ;

2 ° When the employer is at the initiative of the termination and except for serious misconduct or force majeure, the presentation of the registered letter causes, as soon as the employee has been present for at least one month in the company, a notice . The duration of this is fixed at two weeks, in the case of a contract concluded for less than six months on the date of the presentation of the registered letter, and at one month in the case of a contract concluded since at at least six months;

3 ° When he is the initiator of the termination, except for serious misconduct, the employer pays the employee, at the latest at the expiration of the notice, in addition to the sums remaining due in respect of wages and paid leave, compensation equal to 8% of the total amount of gross remuneration due to the employee since the conclusion of the contract. The tax and social regime for this compensation is that applicable to the compensation mentioned in Article L. 122-9 of the Labor Code. To this compensation paid to the employee is added a contribution from the employer, equal to 2% of the gross remuneration due to the employee since the start of the contract. This contribution is collected by the organizations mentioned in the first paragraph of article L. 351-21.of the labor code in accordance with the provisions of articles L. 31-6 and L. 351-6-1 of the same code. It is intended to finance the actions of reinforced support of the employee by the public employment service with a view to his return to employment. It is not considered as an element of salary within the meaning of Article L. 242-1 of the Social Security Code.

Any dispute relating to the breach is prescribed by twelve months from the sending of the registered letter provided for in 1 °. This period is only enforceable against the employee if it has been mentioned in this letter.

As an exception to the provisions of the second paragraph, the terminations of the employment contract envisaged at the initiative of the employer are taken into account for the implementation of the information and consultation procedures governing the collective redundancy procedures provided for in chapter I of Title II of Book III of the Labor Code.

Termination of the contract must comply with the legislative and regulatory provisions which provide special protection to employees holding a trade union or representative mandate.

In the event of termination of the contract, at the employer’s initiative, during the first two years, a new “new hiring contract” cannot be concluded between the same employer and the same employee before a period has elapsed. three months from the day of termination of the previous contract.

The employee holding a “new hiring contract” can benefit from training leave under the conditions set by Articles L. 931-13 to L. 931-20-1 of the Labor Code. He may also benefit, when his employment contract is terminated during the first year following its conclusion, from the individual right to training under the conditions set by Article L. 931-20-2 of the Labor Code.

Article 3

I. – Workers involuntarily deprived of employment, able to work and seeking employment within the meaning of Article L. 351-1 of the Labor Code, having held the contract mentioned in Article 1 for a fixed minimum period by decree are entitled, if they do not provide sufficient work references to be compensated in application of ArticleL. 351-3of the Labor Code, to a fixed allowance.

The duration and amount of the flat-rate allowance as well as the period after the expiry of which registration as a jobseeker is deemed to be late for the opening of the right to the allowance, the time limits for application and action in payment, the period at the end of which the remainder of the rights previously constituted can no longer be used and the amount below which the unduly paid allowance does not give rise to repetition are fixed by decree.

The provisions of section 4 of chapter I of title V of book III of the labor code are applicable to the flat-rate allowance according to the terms defined by decree .

The provisions of Article L. 131-2, of 2 ° of Article L. 242-13 and of Articles L. 3115 and L 351-3 of the Social Security Code as well as those of Articles 79 and 82 of general tax code are applicable to the flat-rate allowance.

This allowance is charged to the solidarity fund created by the aforementioned law of 4 November 1982 relating to the exceptional solidarity contribution in favor of workers deprived of employment.

The State may, by agreement, entrust the management of the fixed allowance to the bodies mentioned in Article L. 351-21 of the Labor Code or to any body governed by private law.

II. – An agreement concluded and approved under the conditions provided for in Article L. 351-8 of the Labor Code defines the conditions and modalities under which employees hired under the terms of the contract established by Article 1 can benefit from the agreement of personalized reclassification provided for in I of Article L. 321-4-2 of the Labor Code. In the absence of agreement or approval of this agreement, these terms and conditions are set by decree of the Council of State .

Article 4


I. – The employers mentioned in article L. 000-1 of the labor code applicable to Mayotte, who employ at most twenty employees, may conclude, for any new hiring, an employment contract called “new hiring contract”. The workforce is assessed in accordance with article L. 620-8 of the same code.

The services of the State, the departmental collectivity and the municipalities as well as their administrative public establishments cannot conclude a “new hiring contract”.

However, such a contract cannot be concluded to fill the jobs mentioned in 2 ° and 3 ° of article L. 122-2 of the labor code applicable to Mayotte.

II. – The employment contract defined in I is concluded without determining the duration. It is established in writing.

This contract is subject to the provisions of the labor code applicable to Mayotte, with the exception, during the first two years from the date of its conclusion, of the provisions mentioned in Articles L. 122-17 to L. 122-23 , L. 122-26 to L. 122-31 and L. 320-1 to L. 320-14 of this code. However, the termination of employment contracts envisaged at the initiative of the employer are taken into account for the implementation of the information and consultation procedures provided for by these provisions in the event of collective redundancy.

This contract can be terminated at the initiative of the employer or the employee during the first two years from the date of its conclusion under the following conditions:

1 ° The breach is notified by registered letter with request for acknowledgment of receipt or delivery against discharge;

2 ° When the employer is at the initiative of the termination and except for serious misconduct or force majeure, the presentation of the registered letter or the delivery in person shall run, as soon as the employee has been present for at least one month in the company, advance notice. The duration of this is fixed at two weeks in the case of a contract concluded for less than six months on the date of the presentation of the registered letter or of the delivery of the letter in person and at one month in the case of a contract concluded for six months or more;

3 ° When he is the initiator of the termination, except for serious misconduct, the employer pays the employee, at the latest at the expiration of the notice, in addition to the sums remaining due in respect of wages and paid leave, compensation equal to 8% of the total amount of gross remuneration due to the employee since the conclusion of the contract. The tax and social regime for this compensation is that applicable to the compensation mentioned in Article L. 122-22 of the Labor Code applicable to Mayotte. To this compensation paid to the employee is added a contribution from the employer, equal to 2% of the gross compensation due to the employee since the start of the contract, recovered by the body mentioned in Article L. 327-7 of the same. coded. She does

Any dispute relating to the breach is prescribed by twelve months from the sending of the registered letter or the delivery of the letter by hand. This period is only enforceable against the employee if it has been mentioned in this letter.

Termination of the contract must comply with the legislative and regulatory provisions which provide special protection to employees holding a trade union or representative mandate.

In the event of termination of the contract, at the employer’s initiative, during the first two years, a new “new hiring contract” cannot be concluded between the same employer and the same employee before a period has elapsed. three months from the day of termination of the previous contract.

III. – Workers involuntarily deprived of employment registered with the National Employment Agency in application of article L. 326-2 of the labor code applicable to Mayotte, able to work and seeking employment, having benefited from the contract mentioned in I for a minimum period fixed by decree are entitled, if they do not provide sufficient work references to be compensated in application of the agreement made in application of Article L. 327-1 of the Code of work applicable in Mayotte, to a fixed allowance.

The duration and amount of the flat-rate allowance as well as the period after the expiry of which registration as a jobseeker is deemed to be late for the opening of the right to the allowance, the time limits for application and action in payment, the period at the end of which the remainder of the rights previously constituted can no longer be used and the amount below which the unduly paid allowance does not give rise to repetition are fixed by decree.

This allowance is payable by the unemployment compensation scheme provided for in Article L. 327-1 of the Labor Code applicable to Mayotte. It is financed by the contribution provided for in 3 ° of II and by the solidarity fund created by the aforementioned law of 4 November 1982 relating to the exceptional solidarity contribution in favor of workers deprived of employment.

The provisions of articles 19 and 21 of the aforementioned ordinance of December 20, 1996 relating to the improvement of public health in Mayotte, of article 8 of the aforementioned ordinance of March 27, 2002 relating to health and social protection in Mayotte Mayotte as well as those of articles 79 and 82 of the general tax code of Mayotte are applicable to the flat-rate allowance.

IV. – The provisions of this article come into force upon publication of the approval of the unemployment compensation agreement provided for in article L. 327-1. To be approved, this agreement must provide for the arrangements for taking charge of the persons mentioned in III.

Article 5


The conditions of implementation of the “new hiring contract” instituted by this ordinance and its effects on employment will be the subject, at the latest on December 31, 2008, of an evaluation by a commission associating the employers’ organizations. and representative employees at the national and inter-professional level.

A specific evaluation will be carried out on the implementation of the “new hiring contract” in Mayotte by the consultative labor commission provided for in article L. 420-1 of the labor code applicable to Mayotte according to the methods and under the conditions of collection data set by decree of the State representative.

Article 6

The Prime Minister, the Minister for Employment, Social Cohesion and Housing, the Minister for Overseas Territories and the Minister for Employment, Work and Professional Integration of Young People are each responsible. as far as he is concerned, the application of this ordinance, which will be published in the Official Journal of the French Republic.

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