Chapter IV: Special schemes

The employer pays the contributions for bad weather insurance to the compensation fund on which it already depends for the application of the legislation on paid holidays.

For the companies listed in 2° of article D. 5424-7 which, under the legislation on paid leave, are not required to join a compensation fund for building or public works, the employer pays its contributions to the competent compensation fund for building companies and the locality of the company’s registered office.

The employer shall comply with the obligations arising from the regulations drawn up for the application of this section by the fund to which it is affiliated.

The affiliation provided for in articles D. 5424-32 and D. 5424-33 takes effect on the date on which the company begins to employ employees.

The contributions paid by the employer to the paid leave funds are based on all salaries taken into account for the calculation of social security contributions, less an allowance for each of them, the amount of which is set annually by a joint order of the ministers responsible for employment and the budget. This deduction may not be less than 8,000 times the hourly wage of a labourer in the…

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.