Monday, March 14, 2016

labor law. The nine points that Valls backtracked – Ouest-France

Abolition of compulsory cap prud’homales allowances, increased control of the judge on redundancies, more training for non-graduates, are the main changes to the El Khomri law Monday by Manuel Valls, who detailed his decisions at 20 hours France 2, where he even acknowledged his errors prud’homales benefits. only a schedule “indicative” the previous version of the text provided for the mandatory cap prud’homales compensation for unfair dismissal (3 months salary to a maximum of 15 months depending on seniority). Unanimously rejected by the trade unions, compulsory scale is removed in favor of a schedule “indicative” . It will be fixed by decree and should be identical to that of the draft law. It is supposed to give more predictability, creating a kind of “guide” to accompany the judges, according to Manuel Valls

Redundancies. Kept criteria but further control for the judge the reform of redundancy plans to incorporate into law the grounds recognized by the case law, specifying the criteria of business difficulties. These criteria remain the same as in the original text, including four consecutive quarters of decline in turnover and two consecutive quarters of operating losses. The assessment of the economic difficulties at national level only for the French subsidiaries of a group – not at the level of the entire group as today – is also maintained to attract foreign investors. This is one of the most controversial issues of reform: he fears facilitating layoffs “stock” . The new version therefore provides for an increased role of the judge. If it is established that the company organized “artificially” economic difficulties, the redundancy will be reclassified as dismissal without just cause

Package-days: no new flexibility for SMEs the corrected bill reduces the scope left to the unilateral decisions of managers of small and medium enterprises. SMEs will in particular through an agreement to implement the package-days. If they do not have union representation, they can negotiate with an employee mandated by a union, as demanded by the unions called “reformist” . Or apply branch-type agreements. The original text provided that companies with fewer than 50 employees could propose a passage-day package (derogation to 35 hours to remunerate employees based on non-working days and weekly hours) without a collective agreement.

the level of the supplementary statement right the new architecture of the Labour Code provides for a rewriting of the text on three floors: the peace, the scope of collective bargaining and supplementary provisions applicable in the absence of corporate or branch agreement. To encourage trade, the initial project had stalled these supplementary provisions slightly below the current law. In the new version, they will be “reduced to the level of the current law” says Matignon

Apprentices:. No increase in time work the amended version of the bill waives give more flexibility to increase working time minor apprentices in certain sectors such as construction, an employer could have an apprentice work up to 10 hours ( instead of 8) per day and 40 hours per week (instead of 35) without prior authorization from the labor inspector. This authorization is reintroduced.

The annualized less flexible working time The project included the possibility of annualized working time by spreading on three years (instead of one at present) provided that there is a company agreement. Modulation beyond one year finally will only be possible via a branch agreement.

400 hours of training for non-graduates The ceiling training staff account (CPF) will be raised from 150 to 400 hours for employees without a degree, allowing them “to access an additional qualification level every 10 years” , according to Manuel Valls. The CPF, which entered into force in January 2015 for the only private assets will be gradually extended to the self-employed, professionals and officials. Account “citizen engagement” is also created and coupled to the account of personal activity (CPA).

extended warranty young the new project provides a generalization of the youth guarantee, which will become a personal and universal right of all young people without a job or training. The government initially wanted to reach 100,000 young people in 2017. This experimental system provides for a period of one year, increased support, periods in business and a monthly allowance of 450 euros.

special leave companies will not, by agreement, pass below the number of days off set by law for special leave (marriage, birth, death), contrary to envisaged by the previous version.


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