French Labour Code
In forceI.-When the professional transition project is granted to an intermittent performing artist or technician mentioned in article R. 6323-9-1 who fulfils the seniority condition mentioned in 1°, 2° or 3° of I of this article, the remuneration and the statutory and conventional social security contributions based on this remuneration, including those paid in application of the specific compensation rules under the unemployment insurance scheme provided for in article L. 5424-22, are paid monthly by the regional inter-professional joint committee.
II -When the professional transition project is granted to an employee who holds a contract of employment with a temporary employment company and who meets the seniority conditions mentioned in III of article R. 6323-9-1, the temporary employment company will draw up a contract of assignment in application of article L. 1251-57 or a letter of assignment for employees who hold a temporary open-ended contract covered by article L. 125158-1.
III - The remuneration of the employee benefiting from the professional transition project and the statutory and conventional social security contributions based on this remuneration are paid by the employer.
The regional inter-professional joint committee reimburses the employer within a maximum period of one month from receipt of the following supporting documents:
1° A copy of the pay slip;
2° Supporting documents proving the beneficiary's attendance at the training course or in-company work placement;
3° Where applicable, supporting documents relating to the statutory and contractual social security contributions payable by the employer on remuneration in the company concerned.
IV -In companies with fewer than fifty employees, the employer is entitled, at his request, to reimbursement of the remuneration paid and the statutory and collective bargaining social security contributions based on this remuneration in the form of advances.
The total amount of the advances may not exceed 90% of the total amount of the monthly remuneration and the statutory and conventional social contributions based on the remuneration due by the employer during the professional transition project.
The first advance is paid to the employer by the regional inter-professional joint committee no later than thirty days after receipt of the invoice issued by the employer including the total amount of remuneration and statutory and conventional social contributions due by the employer during the professional transition project. The balance is paid to the employer by the regional inter-professional joint committee, after receipt of the supporting documents, at the end of the professional transition project.
If the employee abandons the professional transition project or is absent for more than one month, payment is made pro rata temporis for the duration of the professional transition project.
The rate and conditions of payment of advances are defined jointly by the regional inter-professional joint committee and the employer. They may apply to all employees benefiting from a professional transition project during a period defined jointly by the regional inter-professional joint committee and the employer. In the absence of an agreement before the start of the professional transition project, the rate and conditions of payment of the advance are determined by order of the Minister responsible for professional training.
Where applicable, the employer will inform the regional inter-professional joint committee of the occurrence of any event that may have an impact on the employee's attendance at the training course or on the amount of remuneration and statutory and contractual social security contributions, and will provide supporting documents before the next advance or the balance is paid.
Payment in the form of advances is suspended if the employer fails to send supporting documents to the regional inter-professional joint committee.
