This type of breach of contract, established in August 2008 by the Fillon government won a success. Photo AFP
Big success for conventional rupture. In June, 32,695 applications were approved by the administration, according to figures from the Ministry of Labour. The last record was set last year, when in July 2013, 32,449 applications had been approved. Despite stagnation in 2013 and a slight decline in early, this type of breach of contract established in August 2008 by the Fillon government won a success.
Supposed to benefit both parties
Why this new way to terminate a permanent contract (CDI) walks he so good? As an alternative to resignation and dismissal, it benefits, at least in theory, to both parties: it saves the employer a lot of paperwork and potential lawsuits that would occur as a result of redundancy. The employee, he receives a severance payment at least equal to that which would have been if he had been dismissed (fifth month of salary per year of service, plus 2/15 months pay per year beyond 10 years old). Then they have access to unemployment insurance, which would not have been the case if he had resigned.
“The conventional termination costs more than resignation, as it forces the employer to pay compensation. Still, I think it’s a real step forward because it allows to separate an employee amicably, “says Jean-Christophe Sciberras, president of the National Association of Directors of Human Resources (ANDRH.)
Anticipating the new unemployment convention
Some months seem more privileged than others for conventional failures. “Since 2012, there is a seasonality in conventional failures, says one in Unédic, the agency responsible for administering unemployment insurance. The months of June and January are apparently preferred. Probably a phenomenon “earlier this year, ‘” says Unédic, who notes that many employees have opted for a conventional rupture returning to work quickly, or go up a personal project, and do not require unemployment.
But this summer, another fact comes into play: the new unemployment Convention entered into force on 1 st of July, and is likely to avoid it, breaks were signed in June. Indeed, this new agreement is less favorable to employees who sign a contractual termination. So they had to wait up to 75 days to receive unemployment insurance, workers compensation related to supra-legal dismissal will now have to wait up to 180 days so-called “deficiency” to touch unemployment.
This analysis will however be checked when the availability of data for next month.
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