Section 2: Building and public works companies out of work due to bad weather.

The contribution comprises two separate rates, one applicable to companies involved in structural work and public works, the other to companies not falling into this category. If a company’s activities fall into both categories, it is included in the category corresponding to its main activity, unless it has separate establishments for each category.

The rates of contributions are calculated in such a way as to ensure that the costs are equalised between all the companies liable for contributions at national level, while taking into account the specific characteristics of each of the two categories defined in article D. 5424-37.

Decrees issued by the Ministers for Employment and the Economy, after consultation with the Caisse nationale de surcompensation du bâtiment et des travaux publics, divide the companies into the two categories according to the nomenclature of economic activities and set the amount of the allowance provided for in Article D. 5424-36.

The decrees mentioned in article D. 5424-39 set each year the rates of contributions to be paid by companies and the amount of the reserve fund intended to ensure the reimbursement of bad weather daily allowances. When this amount is exceeded, the Board of Directors of the Caisse Nationale de Surcompensation may, if the Ministers responsible for Employment and the Economy, who have been informed in advance, have not made…

The costs referred to in article L. 5424-15 are equalised by the Union des caisses de France-Congés intempérie BTP and by the paid leave funds provided for in article D. 3141-12, under the conditions set by order of the Minister for Employment issued on the proposal of the overcompensation fund.

The Union des caisses de France-Congés intempérie BTP is authorised to obtain, through short-term loans, the sums necessary to enable the caisses de congés payés to make reimbursements pending collection of contributions from companies.

In the event of late payment of contributions and late filing of salary declarations, the rate of increase provided for in Article L. 5424-17 is 1% per day of delay. This increase may only be applied after formal notice has been given by the Caisse des Congés payés to the employer to pay the contributions or file the wage declarations.