In the long series of novelties introduced by the act Work, here are the chords of “preservation or development of employment” (APDE). The decree specifying the conditions of application of these agreements has been published Thursday in the official Journal. The measure will come into force on 30 December.
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The collective agreement passes in front of the work contract
These new arrangements introduced by the act Work should enable firms to modulate temporarily their organization in case of need of ‘ preservation or development of employment.” A broad term that can cover many changes. It is a much more wide agreements for job retention (AME). These allow them to adjust working time and wages, but of which they are but you must be able to prove economic hardship. The companies have a little overlooked these agreements.
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The agreement of the preservation or development of employment” (APDE) goes so much further. As confirmed by the decree, he “primera the contract of employment” including in matters of pay and hours of work.
However, it can not have the effect of “reducing the monthly remuneration of the employee,” recalls the decree. The new amount of compensation may not be “less than the average over the three months preceding the signing of the agreement”. The employee will have one month to give its decision to sign or not the agreement. The lack of response “agree”.
employees who refuse these agreements will be dismissed
In case of refusal of the employee, the latter may be dismissed for “specific reason” and not for “personal reasons” as originally set out in the bill.
In this case, the company will have to inform them during the interview prior to the dismissal, individually and in writing, of the ‘ path of guidance,” to which he is entitled. This course, which shall last for 12 months, will be entrusted to the Pôle emploi and will give right to a specific allocation.
During this period, the former employee will be able to work, but within a period not exceeding in the aggregate six months. The payment of the allowance would be suspended.
Finally, the ex-employee ceases to benefit from this device if it refuses to “an action for the rehabilitation and training or do not show up, or when he refused on two occasions an offer of reasonable employment”.