After the legal conviction, sentencing policy. The Government takes the legal transposition of the agreement negotiated by the social partners on the reform of the labour market recently to put a final end to contract new (CNE) hires, put in place by Dominique de Villepin in 2005 to develop employment in enterprises of fewer than 20 employees. The device allows them to dismiss an employee without justification during the first two years. It caused nearly one million recruitment since August 2005, of which about 10 are creations of employment.
After his conviction by the prud'hommes, confirmed on appeal, and by the international labour office, the Government thus made the choice to repeal all of the articles related to the CNE. Radical, it was not explicitly requested by the social partners. But it allows Nicolas Sarkozy to end the misadventure of the CNE, he has never supported. The Minister of labour, Xavier Bertrand, is not in the provok, since it provides the requalification immediate of all CNE contract of common law, from the time when the law will be promulgated.
The surprise of lawyers
Can surprise small businesses, who hoped perhaps to separate a portion of their employees within two years of their employment. The Act, which will be promulgated before the summer, leaves them therefore at most a few weeks to do, what makes fear unions hemorrhage of departure in this interval. Do not know how many employees are currently employed in CNE, out-of contract is not identified. But the requalification in IFA "classic" will certainly benefit hundreds of thousands of employees. Lawyers do not hide their surprise over the choice of the Government. It could prohibit the conclusion of new NEC and rely on the exhaustion of the "stock". Even pushing small businesses, he chose to strike hard in imposing a measure in a retroactive way.
Consisting of nine articles, the draft law on the reform of the labour market reserve little other surprises. As indicated in our edition of February 25, "amicable" breaks will be processed, in the event of litigation, by the labor, providing employees with a non-negligible chance of defending their rights. The device, intended to reduce the number of legal remedies is therefore not as secure could wish the employers, which wanted a remedy before the administrative law judge.
The Government also plans to exempt allowances, breakdown amicable, of older workers in 60 years. A measure to align their scheme of retirement benefits. The ceiling is set at twice the amount of annual compensation gross of the employee, or 50 of the allowance, if its amount is greater.
Contrary to what was envisaged, trial periods, ranging between one and two months for workers and between three and four months for managers, are finally included in the Act, but they will not be necessary before a transitional period: employees benefiting from shorter trial period will be able to maintain their advantage until June 30, 2009. Beyond this deadline, only the longer test periods fixed by agreement of branch will be sustained. The Bill will be considered by the social partners in mid-March, for a review in the current April Parliament. Orders the complement to record the doubling of severance and the guarantee of the industrial conciliation in the event of litigation.