Apr
19
French labour law: Discrimination in employment (discrimination à l’embauche): “emplois francs” aid : how does it work? (Decree n°2018-230 of March 30th, 2018)

Decree n°2018-230 of 30 March 2018 institutes the experimentation of “emplois francs” to fight against discrimination in employment (discrimination à l’embauche).

Article 175 of law of 30 December 2017 on finance for 2018 provides, from 1 April 2018 to 31 December 2019, the experimentation of "emplois francs".

This scheme consists in providing assistance to companies hiring jobseekers (demandeurs d’emploi) residing in certain priority neighbourhoods of the city's policy, the list of which is set by Decree of 30 March 2018.

The decree of March 30, 2018 defines the methods of application of this experiment.

The person recruited in a French occupation must reside in one of these priority neighbourhoods and be registered at Pôle emploi (Unemployment assurance) in category 1, 2, 3, 6, 7 or 8 (corresponding to statistical categories A, B, C).

The aid is allocated to companies by Pôle emploi, on behalf of the State during the duration of the experiment.

For a permanent contract, the aid amounts to € 5,000 per year within the limit of three years (i.e 15 000 euros).

For a fixed term contract of at least six months, it amounts to € 2,500 per year over a maximum of two years (i.e 7 500 euros).

1) Who can benefit from the “emplois francs” system?

The experimental scheme "emplois francs” is open:

-  to employers governed by private law mentioned in Article L. 5134-66 of French Labour Code established throughout the national territory fulfilling the conditions set out in Article 5 of the Decree (cf §4);

- Who recruit jobseekers enrolled at Pôle Emploi in category 1, 2, 3, 6, 7 or 8?

- And residing in one of the priority neighbourhoods of the city's policy, the list of which is set by the Decree of 30 March 2018.

It applies to priority neighbourhoods of the city whose residents are registered at Pole Employment for the regions of “Hauts de France”, the Ile de France, the countries of the Loire, the PACA.

The priority neighbourhoods concerned are listed in the aforementioned decree.

2) Situation of the jobseeker eligible to “Emploi francs” scheme

The situation of the jobseeker and his place of residence are assessed on the date of the signing of the employment contract.

3) Employers eligible to “Emploi francs” scheme

The employers of private law mentioned in Article L. 5134-66 of the Labour Code established throughout the national territory are eligible for State aid for the recruitment of a job-seeker in free employment.

Administrative public institutions, public industrial and commercial establishments and semi-public companies are not eligible.

Individual employers are also not eligible for assistance.

4) Conditions for awarding and maintaining the aid 'Emplois francs'

4.1) The aid 'Emplois francs' is attributed by Pole Emploi

Financial assistance is awarded by Pôle emploi on behalf of the State.

An agreement concluded between the State and the employment center defines the procedures for implementing and monitoring the experimental "Emplois francs" scheme.

4.2) Conditions that the employer must satisfy in Decree to benefit from the assistance

For the purposes of providing the assistance provided for in Article 4, the employer must satisfy the following conditions:

1 ° To be up-to-date with its declaratory and payment obligations with respect to the tax authorities and bodies collecting social security and unemployment insurance contributions and contributions, or to have subscribed to and comply with a plan of discharge amounts remaining due;

2 ° Not having, in the six months preceding the hiring, to be dismissed for economic reasons on the post filled by the recruitment in Emplois francs. If necessary, the employer must reimburse the State for all sums received in respect of financial assistance if it appears that the recruitment of a salaried employee in emplois francs results in the dismissal of another employee;

3 ° Not benefit from any other State aid for insertion, access or return to employment paid in respect of the employee recruited for free employment;

4 ° An employee recruited as a free employee must not have belonged to the workforce of the enterprise during the last six months preceding the date of hiring. The employee recruited for an “emplois francs” must be maintained in the workforce of the company for six months from the first day of performance of the contract.

5) Amount of aid 'Emplois francs'

The amount of financial assistance for the recruitment of an employee in full-time employment is equal to:

1 ° 5 000 € per year, within the limit of three years (i.e. total 15 000 euros), for a recruitment in contract of indefinite duration;

2 ° 2 500 € per year, within the limit of two years (i.e. total 7 500 euros), for recruitment under fixed-term contracts of at least six months.

The amount of the aid is prorated according to the actual duration of the employment contract if the employment contract is interrupted during the calendar year and the weekly working time, when this duration is less than full time.

It also takes into account periods of absence from the employee that did not result in the maintenance of remuneration.

6) Application for aid by the employer from Pôle Emploi

The application for assistance is submitted by the employer to Pôle emploi within two months of the date of signature of the employment contract, by means of a teleservice and according to the terms and conditions set by Decree of the ministers responsible for employment and the city.

7) Methods of payment of “emplois francs” aid

State aid is due from the first day of execution of the employment contract. It is paid at a half-yearly rate.

Each payment is made on the basis of a certificate from the employer justifying the presence of the employee, sent to Pôle emploi.

The attendance certificate mentions, if applicable, the periods of absence of the employee which did not result in the maintenance of the remuneration.

Failure to produce a proof of attendance within the two-month period following the expiry of each half-year of performance of the contract shall result in the definitive loss of entitlement to the payment of the aid for that period.

Failure to produce a certificate of attendance within the four-month period following the expiry of each half-year of performance of the contract shall result in the definitive loss of entitlement to the payment of the aid.

When the sum due to the employer is less than 100 euros for a semester, Pôle emploi does not proceed to its payment.

8) Control procedure and repayment terms

The beneficiary of the aid shall keep at the disposal of Pôle emploi any document enabling the eligibility of the aid to be checked for a period of four years from the date of the grant of the aid.

Pôle emploi exchanges the information or data strict necessary for the exercise of this control with other public administrations, in particular the Central Agency for Social Security Organizations, the Caisse Centrale de la Mutualité Sociale Agricole and the Commissariat général for equality in territories (L'Agence centrale des organismes de sécurité sociale, la Caisse centrale de la mutualité sociale agricole et le Commissariat général à l'égalité des territoires).

Requests to check the accuracy of the employer's declarations shall be addressed to the employer by any means capable of establishing a definite date. If the employer fails to produce the requested documents within one month, the payment of the aid is suspended.

9) Misrepresentation and fraud

In the event of finding that the employer's attestations attesting to the presence of the employee are inaccurate, the amounts unduly received for the period in question shall be returned to the State.

In the event of a finding of fraud by the employer in the certificates or declarations that he sends to Pôle emploi to justify eligibility for “emplois francs”, the total amount collected under this scheme must be paid back to the employer. State and the benefit of aid for the remaining semesters is no longer due.

10) Evaluation Committee

An evaluation committee conducts the evaluation of the experiment.

It includes, in particular, representatives of the ministers responsible for employment and the city, Pôle emploi and qualified persons with recognized competence in the evaluation of employment support schemes or the fight against discrimination. .

Its composition is fixed by decree of the ministers in charge of employment and the city.

11) Employment contracts concerned

The provisions of this decree are applicable to employment contracts concluded between April 1, 2018 and December 31, 2019.

 

Source Official Journal of the Republic

Decree No. 2018-230 of 30 March 2018 relating to the experimentation of candid jobs

Decree of 30 March 2018 establishing the list of eligible territories for the experimental scheme "free employment"

 

Frédéric CHHUM, Avocats à la Cour (Paris et Nantes)

. Paris : 4 rue Bayard 75008 Paris - Tel: 01 42 56 03 00 ou 01 42 89 24 48
. Nantes : 41, Quai de la Fosse 44000 Nantes -  Tel: 02 28 44 26 44

e-mail : chhum@chhum-avocats.com

Blog : www.chhum-avocats.fr

http://twitter.com/#!/fchhum

 

 

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