In companies not subject to article L. 1233-71, the employer is obliged to offer, during the preliminary interview or at the end of the last meeting of staff representatives, the benefit of the professional securitisation contract to each employee whose dismissal for economic reasons it is considering. When the redundancy for economic reasons gives rise to a job protection plan under the conditions provided for in articles L. 1233-24-2 and L. 1233-24-4, this proposal is made after notification by the administrative authority of its validation or homologation decision provided for in article L. 1233-57-4.
In the absence of such a proposal, the institution mentioned in Article L. 5312-1 will propose the professional securitisation contract to the employee. In this case, the employer pays the body responsible for managing the unemployment insurance scheme referred to in article L. 5427-1 a contribution equal to two months’ gross salary, increased to three months when its former employee signs up to the professional securitisation contract on the proposal of the institution referred to in the same article L. 5312-1.
The institution mentioned in Article L. 5312-1 is responsible for determining the amount of this contribution and for collecting it, in accordance with the rules and subject to the guarantees and penalties mentioned in the first paragraph of Article L. 5422-16. The conditions under which this contribution is payable are specified by decree in the Conseil d’Etat.