Section 2: Procedures for implementing the obligation

In order for the agreement mentioned in article L. 5212-8 to be approved, the multi-year programme it provides for must include a recruitment plan and a plan to maintain employment in the company. These documents are accompanied by objectives, which must include, in particular, for each year of implementation of the programme, the number of beneficiaries of the employment obligation mentioned in article L. 5212-13 in relation to the workforce…

The amount of funding by the employer mentioned in article R. 5212-12 is revised each year on the basis of the amount of the contribution that should have been paid the previous year, excluding the deductions mentioned in article L. 5212-11. The amounts of annual funding provided for under the programme that have not been spent are carried over to the following year.

The agreement is forwarded to the competent administrative authority for approval by the most diligent party no later than 31 May of the first year of implementation of the programme, in accordance with the procedures defined by order of the Minister for Employment.

The administrative authorities responsible for issuing approval are: 1° For industry-level agreements, the Minister for Employment; 2° For company-level agreements, the Prefect of the département in which the head office of the company is located; 3° For group-level agreements, the Prefect of the département in which the head office of the dominant company as defined inarticle L. 2331-1 of the Labour Code is located. Approval is granted for the period…

The employer draws up an annual report on the implementation of the agreement and presents it to the social and economic committee or the group works council, as appropriate. The implementation of branch agreements is also the subject of an annual report.

Within two months of the end of the agreement, the employer or the branch shall send the competent administrative authority mentioned in article R. 5212-15: 1° The annual reports and the summary report of the actions carried out under the agreement, specifying their financing; 2° The balance of the expenditure incurred for the implementation of the programme with regard to the amount of the contributions mentioned in article L. 5212-10….

Approval of the agreement may be renewed once by the competent authority referred to in article R. 5212-15 for a maximum period of three years, in accordance with the procedures defined by order of the Minister responsible for employment. Renewal of approval is granted after presentation, as appropriate, to the social and economic committee or the group committee, or after examination by the branch, of the assessment of the programme…

I.-If the expenditure incurred for the duration of the programme is less than the total amount of the contributions, excluding the amount of expenditure deducted under article L. 5212-11, the employer shall pay the bodies mentioned in articles L. 213-1 and L. 752-4 of the Social Security Code and article L. 723-2 of the Rural and Maritime Fishing Code sums equivalent to the expenditure provided for in the agreement and…