Companies that made an overpayment “in September-November” will be refunded, the Labor Ministry said on Wednesday.
The unit of “bonus Malus“which was created with the previous unemployment insurance reform to combat the abuse of short contracts was hit by a”computer error“, states a decree published on Wednesday in the Official Journal, which has “distorted the calculation» for 6000 companies.
Emmanuel Macron’s campaign promise in 2017, bonus-malus, which came into force in September, consists of modulating the employer’s social security contribution – 4.05% of the salary – upwards (malus) up to a ceiling of 5.05% or downwards (bonus ) down to a floor of 3%, depending on “separation speed“companies. This “separation speed» corresponds to the number of contract terminations – excluding resignations – or temporary assignments accompanied by registration with Pôle Emploi, in relation to the company’s workforce.
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Strongly opposed by employers, this unit, born from the reform of unemployment insurance in 2019, aims to encourage companies to extend the duration of the employment contracts offered. The measure, which targets seven sectors that are heavy users of short-term contracts, was presented as the counterpart to the unemployment benefits tightening rules. In September, for the first application year, 18,000 companies were affected, including a large third penalized (37%).
However, a decree published Wednesday in the Official Journal explains that “a computer error affected the data regarding the separation rate of certain companies» affected by bonus malus. A total of 6,000 companies are affected by the computer error, according to the Ministry of Labour. Companies that have paid an overpaymentin September-Novemberwill be refunded, while those whowere notified of a modulated rate that is lower than their true rate“will be informed of their new rate”but is not liable for the difference in September-November“, the Ministry continued, without specifying the amounts in question.