Subsection 2: Job security contract

An agreement concluded and approved under the conditions laid down in section 5 of chapter II of title II of book IV of part five, with the exception of article L. 5422-20-1 and the second paragraph of article L. 5422-22, defines the terms and conditions for implementing the professional securitisation contract, in particular :

1° The conditions of seniority to benefit from it ;

2° The formalities involved in signing up to the job security contract and the deadlines for the employee's response to the employer's proposal;

3° The duration of the contract for securing employment and the arrangements for adapting it to the specific characteristics of the companies and situations of the employees concerned, in particular by means of periods of work carried out on behalf of any employer, with the exception of private individuals, under the fixed-term employment contracts provided for in article L. 1242-3, renewable once by way of derogation from article L. 1243-13, and the temporary employment contracts provided for in article L. 1251-7 ;

4° The content of the measures referred to in Article L. 1233-65 as well as the terms and conditions under which they are financed, in particular under the personal training account, and implemented by one of the bodies providing, contributing to or participating in the public employment service referred to in Articles L. 5311-2 to L. 5311-4 ;

5° Provisions to ensure the continuity of the training undertaken during the professional securitisation contract;

6° The arrangements for resuming the job security contract after it has been interrupted due to a return to employment;

7° The obligations of the beneficiary of the job security contract and the conditions under which the contract may be terminated, in the event of failure to meet these obligations, at the initiative of the bodies responsible for implementing the measures mentioned in 4° ;

8° The amount of the allowance and, where applicable, the financial incentives for redeployment provided to the beneficiary by the institution mentioned in Article L. 5312-1 on behalf of the body responsible for managing the unemployment insurance scheme mentioned in Article L. 5427-1, as well as the conditions for suspension, early termination and accumulation of this allowance with other replacement income;

9° The conditions under which the unemployment insurance rules apply to the beneficiaries of the professional securitisation contract, in particular the conditions under which the duration of performance of the contract is counted against the duration of payment of the insurance allowance referred to in Article L. 5422-1;

10° The conditions under which the measures provided for in 4° are financed:

a) The body responsible for managing the unemployment insurance scheme referred to in article L. 5427-1 ;

b) Employers, through a payment representing compensation in lieu of notice up to a maximum of three months' salary plus all related compulsory contributions.

In the absence of an agreement or approval of such an agreement, the terms and conditions for implementing and funding the Contrat de Securisation Professionnelle are determined by decree of the Conseil d'Etat.