Article L5312-2 of the French Labour Code
November 6, 2023
The institution mentioned in Article L. 5312-1 is administered by a Board of Directors and managed by a Managing Director.
The institution mentioned in Article L. 5312-1 is administered by a Board of Directors and managed by a Managing Director.
After consultation within the Conseil national de l’emploi, de la formation et de l’orientation professionnelles, a multi-year agreement concluded between the State, the body managing the unemployment insurance scheme mentioned in article L. 5427-1 and the public institution mentioned in article L. 5312-1 defines the objectives assigned to the latter with regard to the employment situation and in light of the forecast resources allocated to it by the body managing…
The Board of Directors comprises : 1° Five representatives of the State ; 2° Five employers’ representatives and five employees’ representatives; 3° Two qualified individuals chosen for their expertise in the institution’s areas of activity; 4° One representative of the regions, appointed on the recommendation of the Association of French Regions; 5° One representative of the other local authorities, appointed on the joint recommendation of the associations of local authorities…
The Board of Directors deliberates on matters relating to the purpose of the institution. Decisions relating to the budget, borrowings and the maximum amount of cash loans outstanding are taken by a two-thirds majority of the members present or represented. The Board of Directors appoints an Audit Committee and an Evaluation Committee from among its members.
The Managing Director manages the institution within the framework of the guidelines laid down by the Board of Directors; he prepares the Board’s deliberations and ensures that they are implemented. The Managing Director is appointed by decree, after receiving the opinion of the Board of Directors. The Board of Directors may, by a majority of two-thirds of its members, adopt a resolution requesting the dismissal of the Chief Executive Officer.
The institution’s budget comprises four non-fungible sections, each of which must be balanced: 1° The “Unemployment Insurance” section covers expenditure on the insurance benefits provided for in Section 1 of Chapter II of Title II of Book IV of this Part, which are paid on behalf of the managing body of the unemployment insurance scheme, as well as the social security contributions relating to these benefits under the conditions provided…
In terms of financial management and accounting, the institution is subject to the rules applicable to industrial and commercial companies. With the exception of funds derived from donations, bequests or gifts, the institution’s liquid assets are deposited with the Treasury under conditions and from a date set by order of the Minister of Finance, and do not give rise to any remuneration. It is subject toorder no. 2005-649 of 6…
The employees of the national institution, who are entrusted with a public service mission, are governed by the present code under the specific conditions laid down by an extended collective agreement approved by the ministers responsible for employment and the budget. This agreement includes the stipulations, in particular with regard to job stability and protection against external influences, necessary for the fulfilment of this mission. The rules relating to collective…
Pôle emploi is made up of a general directorate, regional directorates and, by decision of its board of directors, establishments with national or specific competence. Within each regional directorate, a joint body, made up of employers’ and employees’ representatives appointed by the representative employers’ and employees’ trade unions at national and cross-sectoral level, oversees the application of the unemployment insurance agreements provided for in article L. 5422-20, makes rulings in…
Disputes relating to benefits provided by the institution on behalf of the body responsible for managing the unemployment insurance scheme or on behalf of the State are subject to the litigation arrangements applicable to them prior to the creation of this institution.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
