Title II: Aid to maintain and safeguard employment

The State may pay part of the replacement income paid to employees benefiting from early retirement benefits, in application of a national professional agreement giving entitlement to an exemption from social security contributions under the conditions provided for in Articles L. 5123-6 and L. 5422-10 and a company agreement under the conditions defined below, when the employees are experiencing difficulties in adapting to changes in their jobs due to the…

Partial coverage by the State of the replacement income under an early retirement allowance agreement may only be granted if the national professional agreement has determined : 1° Its scope of application; 2° The conditions under which employees are entitled to early retirement; 3° The age conditions for entitlement; 4° The amount of the allowance paid to the beneficiary and the terms of payment; 5° The conditions under which the…

The allowance may only be paid by the State if the company has included in its collective labour agreement provisions relating to forward-looking employment management, the development of its employees’ skills and their adaptation to changes in their jobs. The agreement or collective labour agreement also determines the maximum number of beneficiaries of the allowance for the membership period defined by the professional agreement.

Before concluding a cessation of activity agreement, the employer consults the social and economic committee. It also undertakes to present them with an annual report on the application of the agreement relating to the cessation of activity.

An agreement concluded between the State, the company and the management body designated by the professional agreement to pay the allowance to the beneficiaries of the cessation of activity on behalf of the company indicates the maximum number of employees who may be placed in cessation of activity during the period provided for in 6° of article R. 5123-23.

The agreement provides that, each year, the company shall declare to the authority signing the agreement the number of employees, broken down by age, who are likely to join the scheme during the year following that in which the declaration is drawn up. This declaration may not be modified. The replacement income paid to the employee may not be partially covered by the State if the interested party’s participation is…

No agreement for the cessation of activity may be entered into with a company that has already entered into an agreement for the allocation of the special allowance for older workers, during the period in which employees may join the latter agreement.