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Article R5123-24 of the French Labour Code

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.

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Article R5123-25 of the French Labour Code

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.

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Article R5123-26 of the French Labour Code

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.

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Article R5123-27 of the French Labour Code

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…

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Article R5123-28 of the French Labour Code

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.

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Article R5123-29 of the French Labour Code

To benefit from partial payment of the early retirement allowance by the State, the employee must meet the following conditions: 1° The employee has personally signed up to the early retirement scheme; 2° His or her employment contract is suspended for the duration of the actual payment of the allowance; 3° He or she is at least fifty-seven years old; 4° He/she joined the scheme, at the earliest, at the…

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Article R5123-31 of the French Labour Code

Payment of the allowance is suspended if the employee resumes work. The allowance ceases to be paid when, from the date provided for in article L. 161-17-2 of the Social Security Code, beneficiaries meet the conditions required to validate a full-rate pension within the meaning of article R. 351-27 of the Social Security Code.

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Article R5123-32 of the French Labour Code

The State participates in the financing of the allowance paid to beneficiaries under the following conditions: 1° The State’s contribution is only due after the expiry of a period starting from the date of suspension of the employment contract and including a number of days corresponding to the compensatory paid holiday allowances paid by the employer; 2° The base taken into account to determine the State’s financial contribution is equal…

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Article R5123-33 of the French Labour Code

The reference salary is determined on the basis of the remuneration on which contributions to the unemployment insurance scheme were based for the last twelve calendar months prior to joining the scheme. It is calculated in accordance with the rules defined under the unemployment insurance scheme provided for in Chapter II of Title II of Book IV. It is revalued in accordance with the rules defined in the second and…

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