INTERNAL REGULATIONS OF THE MAINBY SA UNEMPLOYMENT BENEFIT SCHEME

Transcription

1 INTERNAL REGULATIONS OF THE MAINBY SA UNEMPLOYMENT BENEFIT SCHEME Updated: 1rst January 2011

2 CONTENTS Preamble... 3 Article 1 Beneficiaries... 3 Article 2 Exclusion... 3 Article 3 Contributions... 3 Article 4 Benefits Supplementary nature of benefits Choice between two types of benefit Influence of the employee's length of service with MAINBY SA on the amount of benefits Minimum period out of work Time out of work and looking for work Payment of the benefits Cessation of benefit payments... 5 Article 5 Performance guarantee... 5 Article 6 Manager of the scheme... 5 Annex: social coverage of the beneficiaries under option A 5 Page 2

3 PREAMBLE MAINBY SA wished to establish and offer to his employees and to the other employees managed by it a private unemployment benefit scheme. The purpose of this scheme is to provide the international employees made redundant with a benefit, when the allowances ordinary provided by the public unemployment schemes of their home countries are uncertain or nonexistent. These rules and regulations govern the conditions of access to the scheme and its operation. ARTICLE 1 BENEFICIARIES Persons entitled to benefits under the scheme are those affiliated to it according to a specific mention in their contract of employment or assignment amendment. In order to be entitled to benefits under the scheme, persons affiliated to it must meet all of the following conditions. They must be affiliated to the scheme by their employer at the date their employment relationship terminates. They must have been bound to the member company by an open-ended employment contract terminated by the employer, out of the case of termination on justified grounds. They must have been unemployed for at least 30 consecutive days following the date at which the employment contract was terminated. They must have been actively seeking employment since the date at which the employment contract was terminated. On termination of the employment contract, they must not enjoy benefits provided by another unemployment benefit scheme, public or private, providing a broadly equivalent or higher level of benefits than the guarantee provided by MAINBY SA's unemployment benefit scheme. They must not have concluded an employment contract with another employer between their last day of work under the employment contract with the member company and their application for benefits under MAINBY SA's unemployment benefit scheme. Under certain very occasional and exceptional circumstances, MAINBY SA's management may allow an employee who does not meet all the conditions set forth above to enjoy the benefits of its unemployment scheme. Such consent is discretionary. ARTICLE 2 EXCLUSION Persons who do not meet the conditions set forth at Article 1 above shall not be entitled to benefits under the unemployment benefit scheme. This applies in particular to: Employees who resign, whatever the nature of their employment contract, Employees whose employment relationship with the member company was governed by a fixedterm employment contract, a project duration contract or any other kind of contract concluded for a limited term, except where their employment contract expressly provides for such coverage. Employees whose the contract of employment is terminated on justified grounds. ARTICLE 3 CONTRIBUTIONS The employer company alone is liable for contributions to this scheme. ARTICLE 4 BENEFITS 4.1. Supplementary nature of benefits Affiliates entitled to benefits under the MAINBY SA unemployment benefit scheme shall receive the benefits set forth in this Article minus any other benefits they may receive or be entitled to under any other public or private unemployment benefit scheme during the period of their entitlement to benefits under the MAINBY SA scheme, whether or not such other benefits are related to their period of employment with the member company. 3

4 4.2. Choice between two types of benefit Before the termination date of their contract of employment, employees entitled to unemployment benefit shall inform MAINBY SA's management of their choice between the following two options in the hypothesis of their future unemployment 30 days after this termination: Option A: Payment of a monthly allowance of 60% of their last monthly gross salary for a maximum of 12 months, minus a part of the amount of social insurance contributions giving the beneficiary cover for healthcare, death/accidental infirmity and pension benefits. Unemployment fund shall pay the other part of such social insurance contributions without deducting them from the beneficiary's monthly allowance. The amount of such contributions and the scope of the guarantees provided thereby are set forth in an annex to these rules and regulations. Option B: Payment of a single lump-sum amount, in which case beneficiaries are solely and entirely responsible for taking out such social insurance as they may deem appropriate for themselves and their family Influence of the employee's length of service with the member company or time of affiliation to the scheme on the amount of benefits The amount of an employee's benefits under the MAINBY SA unemployment benefit scheme is linked to length of service with the member company at the termination date of his or her employment contract with that company. The starting date for determining the employee's length of service is the date appearing on his or her employment contract. However, when an employee has been engaged firstly under a limited-term contract or project duration contract and immediately after under a contract for an indeterminate duration, the significant date for the calculation of the length of service hereafter is the date of effect of the contract for indeterminate duration; this is applicable whatever the contractual date of seniority indicated in this contract of employment for indeterminate duration may be. Length of service with member structure (or of affiliation to the scheme in some cases) Option A (monthly allowance) Duration of service of the allowance Option B (single lump-sum) 1 month 1 month 0.25 month 2 months 2 months 0.50 month 3 months 3 months 0.75 month 4 months 4 months 1 month 5 months 5 months 1.25 months 6 months 6 months 1.50 months 7 months 7 months 1.75 months 8 months 8 months 2 months 9 months 9 months 2.25 months 10 months 10 months 2.50 months 11 months 11 months 2.75 months 12 months + 12 months 3 months In the table above, the word "month" means the result of the formula (NxGMS)/12 in which N is the usual number of months salary per year in the member company and GMS is the employee's last gross monthly salary before termination of his or her employment contract with the member structure Minimum period out of work Whether he or she chooses option A or option B, in order to receive benefits the employee must have been out of work and looking for work for at least 30 calendar days from the termination of his or her employment contract. MAINBY SA and the employee shall jointly define the documents deemed to certify compliance with these two conditions when the employee becomes eligible for benefits under the scheme, according to the possibilities offered by the labour market structure in the employee's country of residence. 4

5 If MAINBY SA does not receive the agreed certificates, the employee shall be deemed to be no longer unemployed and benefit payments shall cease Time out of work and looking for work Following the minimum 30-day unemployment period mentioned at Article 4.4 above, employees choosing option A must provide evidence each month that they are out of work and looking for work. MAINBY SA and the employee shall jointly define the documents deemed to certify compliance with these two conditions when the employee becomes eligible for benefits under the scheme, according to the possibilities offered by the labour market structure in the employee's country of residence. If MAINBY SA does not receive the agreed certificates, the employee shall be deemed to be no longer unemployed and benefit payments shall cease. After complying with the conditions set forth at Article 4.4 above, employees choosing option B are no longer required to provide MAINBY SA with any certificates Payment of the benefits Subject to compliance with all the present rules and regulations, the manager of MAINBY SA's unemployment benefit scheme will pay benefits directly to the affiliate concerned. Benefits will be paid monthly in arrears. The first payment will be made at the end of the calendar month during which the 30-day period mentioned at Article 4.5 above expires. For beneficiaries choosing option A, the starting date of the entitlement period is the first day following the employment contract termination date. For beneficiaries choosing option A, the manager of the scheme will also pay all outstanding social insurance contributions in respect of the beneficiary to the insurance companies concerned. MAINBY SA alone shall provide the manager of the scheme with the information and instructions enabling the payments to be made. When employees become eligible for unemployment benefit under the scheme, they should therefore make sure they provide MAINBY SA with all the necessary information so that the benefits reach them in a timely manner, and should update the information if there is any change in their situation Cessation of benefit payments For beneficiaries choosing option A (monthly allowance), benefit payments cease when one of the following events occurs: the benefit entitlement period ends (cf. Article 4.3), the beneficiary finds work or is no longer actively looking for work, MAINBY SA no longer receives the certificates set forth at Article 4.5 above, the behaviour of the beneficiary or any person acting for him or her is prejudicial to the interests of MAINBY SA, its unemployment benefit scheme or the manager of the scheme, such behaviour including any fraudulent declaration or communication of false or misleading documents. ARTICLE 5 PERFORMANCE GUARANTEE MAINBY SA shall obtain from the manager of the scheme all guarantees necessary to ensure that a benefit first paid under the conditions set forth herein continues to be paid to the beneficiary until it expires under the provisions of these regulations, including if MAINBY SA were to be dissolved. ARTICLE 6 MANAGER OF THE SCHEME The manager of MAINBY SA's unemployment benefit scheme is Swiss Life (Luxembourg). Annex: social insurance coverage of beneficiaries choosing option A. 5

6 Annex SOCIAL INSURANCE COVERAGE OF BENEFICIARIES CHOOSING OPTION A Medical expenses hospitalisation Benefits: the coverage is identical (for the employee and his family members) in all respects to that provided to him when he was in activity within MAINBY SA. Contribution on the behalf of the insured: 60% of the medical care plan premium paid by the actives international employees of MAINBY SA. Death Accidental infirmity Benefits: a capital is paid in case of death or accidental infirmity of the beneficiary of the unemployment allowance. The % below is applied on the yearly gross amount of the unemployment allowance (monthly gross amount of the allowance x 12). - Capital in case of death: Single, widowed, divorced, without dependent children: 600% Married without dependent children: 650% Beneficiary with one dependent child: 690% Beneficiary with two dependent children: 760% For each extra dependent child: 100% For each extra dependent child after the eighth child: 120% The beneficiaries of this capital are those designated by the affiliate for his death insurance coverage when he was in activity within MAINBY SA. - Capital in case of accidental infirmity: 200 % of the yearly gross amount of the unemployment allowance on which is applied the infirmity rate (%) indicated in the scale attached to the insurance contract to which the recipient was affiliated when he was in activity within MAINBY SA (contract GMC/AXA n ). Contributions on the behalf of the employee: nothing. Pension At the end of each month without work, the manager of the scheme pays 20% of the gross amount of the unemployment allowance in the pension plan organized by MAINBY SA and managed by the documentation Internal rules of the MAINBY SA pension plan for international employees. The contributions are paid 50% by the unemployment fund and 50% by the beneficiary. The whole contribution must be invested in the fund Safety of the pension plan of MAINBY SA. If the beneficiary is already owner of savings in a fund Safe in this pension plan, the contribution is transferred in this fund. If not, the contribution is transferred on a fund Safety open for the beneficiary in the same currency as the currency of payment of his unemployment allowance. 6