Subsection 2: Insurance against the risk of non-payment

The insurance mentioned in article L. 3253-6 covers : 1° Sums owed to employees on the date of the judgment opening any receivership or compulsory liquidation proceedings, as well as contributions owed by the employer under the Contrat de Securisation Professionnelle ; 2° Claims arising from the termination of employment contracts occurring : a) During the observation period ; b) In the month following the judgement adopting the safeguard, recovery…

Claims arising from the dismissal of employees benefiting from special protection relating to dismissal are also covered where the administrator, the employer or the liquidator, as the case may be, has indicated its intention to terminate the employment contract during the periods mentioned in 2° of Article L. 3253-8.

Also covered, when they take the form of a claim on the company, are sums due in respect of profit-sharing, employee profit-sharing or an employee fund.

Also covered are early retirement payments due to an employee or former employee under a professional or inter-professional agreement, a collective agreement or a company agreement. These provisions apply when the agreement or convention provides for early retirement at the age of fifty-five at the earliest. The guarantee provided by this article is limited under conditions determined by decree.

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…