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The law professional Future in 10 key points

Unemployment and resignation, training... The draft law "professional Future" is presented on April 27, in the council of ministers. This is a very large chu

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The law professional Future in 10 key points

Unemployment and resignation, training... The draft law "professional Future" is presented on April 27, in the council of ministers.

This is a very large chunk as the government unveils this Friday 27 April. After the orders intended to ease the life of enterprises, and passed in September 2017, Muriel Pénicaud is rolling out the second part of its wide-ranging social, intended to secure careers . A "big bang", in the words of the minister.

This time, the measures will apply to more assets directly, they are employed, unemployed or self-employed. The menu is hearty. The draft law "for the freedom to choose his future professional" reviews in depth the rules of unemployment insurance, vocational training, learning, but also work on secondment, disability, or those governing equality of women and men in companies.

Deleting intermediate for the employees desirous of being formed, the opening of rights to unemployment the self-employed and resigned, control of job-seekers amplified... As many of the campaign promises of Emmanuel Macron as the government intends to implement... gradually from 2019.

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1. Unemployment insurance for all

This is one of the key measures. The self-employed and workers will now be able to claim an unemployment allowance. But not right away. Many technical details still needing to be resolved, they should not be effective before the end of 2019, beginning of 2020.

Until now, only the employees leaving their job for specific reasons such as following their spouse mutated, could be compensated. in Every five years employees who want to retrain or start a business will be reimbursed at the same amounts and durations as the other job seekers. Provided that their project is judged "real and serious". A regional commission will be responsible to validate it.

Next to the independent, the compensation will not be similar to that of other job seekers. The bill, which builds on the agreement signed by the unions and employers, co-managers of Unédic provides for a lump sum of 800 euros monthly for six months if a liquidation has been pronounced. Only the self-employed who have carried out their activity for several years and done at least 10 000 euros of income a year can be right.

2. A control of the unemployed strengthened

This is a topic that can quickly become explosive. The control of the unemployed will increase. The personnel of monitoring teams will be strengthened, from 215 to 600 people, and the scale of penalties will be reviewed and specified by a decree, probably in September. Goal: more consistency. We already know that the penalty for absence from an interview will be two months of suspension to 15 days. Another novelty : it is the director of the agency Pôle emploi is that it will decide of the deletion of the allowances. Until now, it was the duty of the prefect.

READ ALSO >> Control of the unemployed : the government plans

In two regions (not yet known), the job seekers must also keep a logbook in which they will detail their process of job search. The device can then be generalized.

3. A continuation of unemployment insurance

The State is going to further put his nose in the management and the organization of unemployment insurance by setting itself the framework of negotiations between employers and trade unions with goals to achieve and a financial trajectory to follow. If the agreement does not comply with the framework document, the government will be able to set conditions by decree. It reserves, moreover, already the possibility of doing so in terms of accumulated employment-unemployment.

4. The bonus-malus remains a threat

Last change : fight against companies who abuse the use of precarious contracts and to bear the financial burden of this choice to the unemployment insurance, a bonus-malus may be implemented if the professional branches are not put in rule. A simple threat, so, for the time being.

5. A pool of money for training

Finished the personal account of formation (CPF) in hours. Place to cold hard cash. Each employee in a contract of indeterminate duration (CDI) should, from the moment he is working at least half-time, to see his CPF credited with 500 euros each year, up to a ceiling of 5,000 euros. The people have little or no qualifications would get more : 800 euros per year. For the CDD, the acquisition of rights should be made on a pro rata basis, that is to say, in proportion to the time worked.

6. An app to buy training

With its prize pool, the individual could access a range of training courses leading to diplomas and sanctioned certifying "very wide" (the famous lists of the CPF disappearing), that he would know of the opportunities, but also to the validation of acquired experience (VAE), the balance of skills, training in business creation... or even a driver's license. Through a website, available in "mobile app", it thahave to reserve and pay for the desired training. Thus, it would be the master of his choice : "there would be no intermediary between him and the provider.

Just like today, a co-financing of the training with the company, in particular, would be possible.

7. The CPF professional transition sees the light of day

The long courses to retrain, which could hitherto give rise to an individual training leave (CIF), would run now through the "CPF professional transition". There is a minimum requirement of seniority to qualify, except for people who have experienced an economic dismissal and who have not attended a training course between their dismissal and their re-employment. The project of professional transition should in all cases be validated by a board professional development (CEP), and then would be reviewed by a committee. The person involved in a CPF transition would receive a minimum remuneration, the content of which shall be fixed by decree.

8. The rules of the learning upset

The agreement of the regional council should no longer be necessary to open a CFA. A branch or even a company would be able to open hers. With the insurance to see every contract of apprenticeship funding. Aid to businesses (today three helpers, plus a tax credit) would be merged into a single, targeted on SMALL and micro businesses. The employment of an apprentice will be possible throughout the year, not just during the fourth semester, as is the case today, the pace of learning. The CFA will have to do this, acknowledged Muriel Pénicaud, "review their offer of training to make it more modular, and change their way of validating acquired".

note that in the course of the Erasmus period of six months, should be encouraged by various measures.

READ ALSO >> Erasmus for apprentices: the tracks available for Muriel Pénicaud

The remuneration of apprentices aged 16 to 20 years of age should also be increased to 30 euros net per month. Between 26 and 30 years (new ceiling on the age for access to learning), they would be paid the Smic, as in the contract of professionalization.

In the building, the working time of apprentices should be increased to 40 hours. The hours between the 35th and the 40th would be paid overtime. The rules of working time are also relaxed in the bakery.

9. Work detached, equality between women and men

The draft law "professional future" also includes measures relating to equality in the workplace. The government has announced the introduction of mandatory software, tracking the wage gap "unexplained" between the man and the women, who are 9% on average. The precise details of this tool need to be defined with the social partners and will be subject to amendments during the parliamentary debate.

In terms of working detached from it, the financial penalties will be increased for any employee illegally employed and the labour inspectorate will be in charge of the fight against fraud.

10. The obligation of employment of persons with disabilities revisited

employers with at least twenty employees have the obligation to employ disabled workers in a proportion of 6% of the total workforce of the company. This rate is maintained but it will be subject to a review every five years.

"to meet the obligation, there will be no more one way only, namely, the direct employment, says Didier Eyssartier, director general of the Association of Management of the Fund for the Professional Insertion of Disabled People (Agefiph). To call a company-adapted (EA), an establishment and service of assistance by work (Esat) or a self-employed worker with a disability, will only reduce the contribution due when the 6% rate is not reached."

Read our complete file

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The bill's Future is also of administrative simplifications for companies. The annual statement "OETH", in particular, will involve the reporting of social name, and not by a separate pathway.

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