When the agreement or contract which has been terminated has not been replaced by a new agreement or contract within one year of the expiry of the notice period, the employees of the companies concerned benefit from a guaranteed remuneration, the annual amount of which, for a working period equivalent to that provided for in their contract of employment, may not be less than the remuneration paid, in application of the agreement or contract terminated and the contract of employment, during the last twelve months. This guaranteed remuneration is understood within the meaning ofArticle L. 242-1 of the Social Security Code, with the exception of the first sentence of the second paragraph of the same Article L. 242-1.
This guarantee of remuneration may be provided by the payment of a differential indemnity between the amount of remuneration which was due to the employee under the agreement or contract of termination and his contract of employment and the amount of remuneration of the employee resulting from the new agreement or contract of termination, if any, and his contract of employment.
Where it is stipulated that the agreement or contract that has been terminated shall continue to have effect for a period in excess of one year, the first paragraph of this article shall apply from the expiry of that period if a new agreement or contract has not been concluded.