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Article D5132-10-5-1 of the French Labour Code

The recruitment on an open-ended contract of a person mentioned in article L. 5132-5-1 is declared by electronic means, using the teleservice mentioned in article R. 5132-1-19. Where applicable, the termination of this employment contract is declared in the same way.

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Article D5132-10-5-2 of the French Labour Code

An integration enterprise may conclude open-ended contracts as referred to in article D. 5132-10-5 up to a limit of 20% of the number of full-time integration workstations set out in the agreement. By way of derogation from the previous paragraph, the integration enterprise may conclude open-ended contracts in excess of the threshold set out in the same paragraph, by decision of the Prefect of the département, up to a limit…

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Article D5132-10-5-3 of the French Labour Code

The derogation, provided for in article L. 5132-5, from the minimum weekly working time for the holder of a fixed-term contract concluded in application of article L. 1242-3 is authorised by the Prefect, after examination by the structure for integration through economic activity which employs the employee, of the employee’s situation with regard to employment and the support and training measures carried out as part of the pathway for integration…

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Article D5132-10-5-4 of the French Labour Code

The request for exemption is made either on the employer’s initiative or on the employee’s initiative in agreement with the employer. When the request for derogation is made at the employer’s initiative, the employer must send the Prefect : 1° Any document intended to establish a promise of employment for a part-time employment contract with an employer other than those mentioned in articles L. 5132-4 and L. 5213-13; 2° A…

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Article R5132-10-6 of the French Labour Code

After consultation with the Conseil départemental de l’insertion par l’activité économique, and taking into account the quality of the proposed integration project and the existing offer to ensure a balanced development of integration actions, the Prefect may enter into the agreements provided for in article L. 5132-2 with companies applying to become temporary work integration companies, whatever their legal form, contributing to the professional integration of the people mentioned in…

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Article R5132-10-7 of the French Labour Code

The agreement concluded with a temporary work integration company includes in particular: 1° A presentation of the structure’s integration project specifying: a) The general characteristics of the structure ; b) The main characteristics of the people in difficulty hired; c) The arrangements for supporting employees in work integration schemes and for working together with, on the one hand, Pôle emploi and, on the other hand, the organisations responsible for the…

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Article R5132-10-8 of the French Labour Code

The agreement may be concluded for a maximum period of three years with structures showing prospects of economic viability; it may be renewed under the same procedure. The financial provisions of multi-year agreements are set out in annual amendments. Each year, the organisation submits its annual accounts and an activity report detailing, for employees on integration schemes, the actions implemented and their results at the end of their time with…

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Article R5132-10-9 of the French Labour Code

The Prefect monitors performance of the agreement. At the employer’s request, the Prefect will provide any information needed to check that the agreement is being properly implemented, and that the integration measures being implemented are actually being carried out and that the results are being achieved.

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Article R5132-10-10 of the French Labour Code

If the employer fails to comply with the provisions of the agreement, the Prefect will inform the employer by registered letter of his intention to terminate the agreement. The employer is given a period of not less than one month in which to make its observations known. The Prefect may then demand repayment of any sums wrongly received.

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Article R5132-10-11 of the French Labour Code

If the financial aid is obtained as a result of false declarations or if the agreement is misused, the Prefect will terminate the agreement after observing the procedure set out in article R. 5132-10-10. Any sums unduly received will then be repaid.

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