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Professional Security Agreement (CSP)

Verified 10 April 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Labour

The Occupational Safety and Security (CSP) contract is intended for the employee who has been dismissed for economic reasons. The aim of this scheme is to encourage the retraining of employees. Accompanying measures and a specific allowance are provided for the dismissed employee. The employer is obliged to propose it to the employee. The latter may refuse.

The professional security contract (CSP) is a reinforced support device, in the form of individualised follow-up, in the event of dismissal for economic reasons of the employee.

The CSP provides for the organisation and conduct of a return-to-work journey. Accompanying measures may include periods of training and work in company.

The CSP can allow paid company work periods.

Company of less than 1,000 employees

The company must offer the employee the CSP.

The employee must meet the conditions for Return to Work Allowance.

Company of 1,000 or more employees

Remedy or liquidation

The company must offer the employee the CSP.

The employee must meet the conditions for Return to Work Allowance.

Other

The company is required to propose a reclassification leave, not the CSP.

CSP Acceptance

Information by Employer

The employer shall provide a written document to the employee which shall specify the following:

  • Content of the CSP
  • Time for reflection available to the employee
  • Date from which his employment contract is broken if he accepts the proposal

Please note

in the absence of a proposal by the employer, Pôle emploi offers the employee the PSC.

Employee Response Time

The employee has a reflection period 21 days, from the submission of the document, to accept or reject the proposal.

Failure to respond within the specified time limit shall be deemed to be a refusal of the PCO by the employee.

However, if the dismissal concerns a protected employee, the authorisation of Direct: titleContent is required. The 21-day period is then extended to the day following the day of the decision of the Directive transmitted to the employer.

In the absence of a response from the protected employee within the specified time limit, the PCO is not concluded.

Refusal of the CSP

If the employee refuses to join the CSP, the procedure of economic dismissal follows its normal course.

The employee does not benefit from the reclassification actions and does not receive Business Security Allocation (ASP).

It can perceive Unemployment Return to Work Allowance if it meets the conditions.

An employee who accepts a PCOC benefits from an individual maintenance of pre-assessment of skills and vocational guidance.

This interview is intended to identify the beneficiary's profile and reclassification project.

It is made in 8 days between the employee and Pôle emploi (or the operator in charge of the CSP in the company’s employment pool).

If the employee agrees to benefit from a CSP, his employment contract is broken by mutual agreement, on the end of the reflection period.

FYI  

the employee retains the right to challenge breach of employment contract within 12 months as soon as this deadline is mentioned in the CSP proposal.

Termination pay

Employee collects severance pay (if he meets the seniority requirements).

It shall also receive any compensation provided for in the collective agreement in the event of economic dismissal.

Advance compensation

Employee does not collect notice compensation, since the contract is broken at the end of the reflection period to accept the CSP.

However, the employee shall receive an allowance, depending on his seniority in the company and under the following conditions.

Less than 1 year

If the employee has less than 1 year of seniority, he or she will receive a compensation for the notice.

The amount of compensation is what the employee should have received in the event of termination.

At least 1 year

If the employee has more than 1 year of seniority in the company, the employer shall pay Pôle emploi the equivalent of the compensation that the employee would have received.

However, if this amount is more than 3 months' salary, the part of the allowance exceeding these 3 months is paid to the employee.

Remuneration

The beneficiary is entitled to the payment of Business Security Allocation (ASP).

The amount varies depending on the employee's seniority in the company.

Less than 1 year

An employee who does not have 1 year of seniority in the company shall receive an allowance equal to the amount of Return to Work Allowance.

Estimate unemployment benefits

At least 1 year

An employee with at least 1 year of service in the company shall be granted an allowance equivalent to 75% sound reference daily wage.

This allowance cannot be less than the amount of Return to Work Allowance that he would have received had he not benefited from the CSP.

Estimate unemployment benefits

The duration of the CSP shall be 12 months.

The PFS shall end before its term if the beneficiary is in one of the following situations:

  • He refuses (or does not attend) a reclassification and training action
  • He refuses a reasonable job offer twice
  • He makes inaccurate statements or presents false certificates in order to benefit from the CSP

Resumption of less than 6 months

Terms

During the CSP, the beneficiary can carry out periods of professional activity paid in company, CDD: titleContent or temporary employment contract.

The duration of each contract shall be at least 3 days.

Contract duration cannot exceed 6 months.

The total number of such periods of professional activity cannot exceed 6 months.

When the business resumes from 7e month of CSP, the device may be extended by the duration of the resumed activity, within the limit of 3 months.

Reclassification Differential Allowance

If a beneficiary of the SSC finds a lower paid job before the end of the SSC than his previous job (for an equivalent number of hours), he may receive an allowance. This is the Differential Rollover Allowance (RDI).

The amount of the RDI compensates for the decrease in remuneration. The amount of the allowance may not exceed 50% of the rights in progress Business Security Allocation (ASP).

It is paid monthly for up to 12 months.

The application must be made to Pôle emploi.

Who shall I contact
Resumption of more than 6 months

Terms

In case of resumption of activity CDD: titleContentat least 6 months or CDI: titleContent, the employee no longer benefits from the CSP.

Payment of Business Security Allocation (ASP) stop.

Upgrade Award

The beneficiary of the CSP at least 1 year in the company at the time of termination, may receive a reclassification premium. The beneficiary must have returned to work (CDI: titleContent, CDD: titleContentor temporary employment contract more than 6 months) before the end ofe month of CSP.

The amount of the reclassification premium shall be equal to half of the current entitlement Business Security Allocation (ASP).

It is paid in 2 times:

  • upon return to business
  • and 3 months only if the activity continues.

The application must be made to Pôle emploi within 30 days of the resumption of employment.

Who shall I contact

Please note

the employee can benefit from the CSP if his employment contract ends during the test periodat his initiative or at the initiative of his employer.

If, at the end of the CSP, the beneficiary is still looking for a job, he can collect Unemployment Return to Work Allowance. He perceives the ARE without compensation deferral, waiting time.

The duration of compensation is reduced by the number of days during which the beneficiary of the CSP received Business Security Allocation (ASP).