The claims referred to in articles L. 3253-10 and L. 3253-11 are guaranteed: 1° When they are due and payable on the date of the judgment opening the proceedings ; 2° When, if a plan organising the safeguarding or legal recovery of the company is implemented at the end of the proceedings, they become due and payable as a result of the termination of the employment contract, within the time…
The insurance provided for in Article L. 3253-6 does not cover sums contributing to compensation for loss caused by the termination of the employment contract in the context of redundancy for economic reasons, pursuant to a company, establishment or group agreement, a validated collective agreement or a unilateral decision by the employer approved in accordance with Article L. 1233-57-3, where the agreement was concluded and filed or the decision notified…
The insurance provided for in article L. 3253-6 is implemented by an association created by representative national professional employers’ organisations and approved by the administrative authority. This association enters into a management agreement with the body managing the unemployment insurance scheme and with the Agence centrale des organismes de sécurité sociale for the collection of the contributions referred to in article L. 3253-18. If this association is dissolved, the administrative…
The guarantee institutions referred to in article L. 3253-14 shall advance the sums included in the statement drawn up by the judicial representative, even if they are contested by a third party. They shall also advance sums corresponding to claims established by an enforceable court decision, even if the guarantee periods have expired. Court rulings are automatically enforceable against the association provided for in Article L. 3253-14. When the mandataire…
The guarantee institutions referred to in article L. 3253-14 are subrogated to the rights of employees for whom they have made advances: 1° For all claims, during a safeguard procedure ; 2° For claims guaranteed by the preferential right provided for in articles L. 3253-2, L. 3253-4 and L. 7313-8 and claims advanced under 3° of article L. 3253-8, during receivership or compulsory liquidation proceedings. Other sums advanced in the…
The guarantee provided by the guarantee institutions referred to in article L. 3253-14 is limited, for all sums and claims advanced combined, to one or more amounts determined by decree, with reference to the monthly ceiling used to calculate contributions to the unemployment insurance scheme, and includes social security and employee contributions of legal origin, or of conventional origin imposed by law, as well as the withholding tax provided for…
The insurance is financed by employer contributions based on the remuneration used to calculate contributions to the unemployment insurance scheme. The collection, control and litigation of these contributions are governed by the rules set out in Article L. 5422-16.
The guarantee institutions referred to in article L. 3253-14 are responsible for settling the outstanding claims of employees who carry out or habitually carried out their activity on French territory, on behalf of an employer whose registered office, in the case of a legal entity, or, in the case of a natural person, the activity or address of the company is located in another Member State of the European Community…
An employer is deemed to be in a state of insolvency within the meaning of Article L. 3253-18-1 when an application has been made to open collective proceedings based on the employer’s insolvency, as provided for by the laws, regulations and administrative provisions of a Member State of the European Community or of the European Economic Area, which entail the partial or total divestment of the employer and the appointment…
The guarantee due in application of article L. 3253-18-1 relates to the unpaid debts mentioned in article L. 3253-8. However, the periods provided for in 2° and 3° of article L. 3253-8 are extended to three months from the date of any decision equivalent to a liquidation decision or adopting a recovery plan.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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