Friday, January 27, 2017

Incredible but true, the number of social plans has fallen in 2016, Le Figaro

The number of backup plans and employment has fallen by 12% in the past year. In his new year wishes to the press, Myriam El Khomri has responded to the criticism on the act work which, according to its detractors, would facilitate dismissals.

Myriam El Khomri had reserved the announcement to his wishes to the press: between 2015 and 2016, the number of plans to safeguard employment (PSE) has decreased by 12%. “That there be no misunderstanding, I absolutely do not want to minimize the magnitude” of the last restructuring plans, such as the one of the group Vivarte, “nor minimize the suffering of these employees,” was held to indicate at the outset the minister. In Vivarte in effect, the management announced Monday the launch of two PES, the Halle aux Chaussures and in its subsidiary Vivarte Services.

If this decline in social plans is the logical consequence of the economic recovery, the topic is sensitive for Myriam El Khomri. A party of the left accuses the law work, which bears his name, to facilitate the implementation of social plans. Benoît Hamon, a finalist in the socialist primaries, had thus, at the first public debate between the candidates, explained that the social level of the Voice of the North would not have been possible without the law El Khomri. An assertion refuted by the minister herself. The direction of the daily regional calls to mind the safeguarding of the competitiveness to justify his plan. However, this reason was accepted by the case law of the Court of cassation, well before the law El Khomri.

According to the minister, “the law of work does not facilitate the dismissals.” The text “explicit only on the basis of the current jurisprudence, the precise circumstances in which a company has the right to proceed with economic dismissals”. “It gives them a clear framework and secure without anything to remove the power of judges”, has she supported.

Myriam El Khomri is right. Even though it has much less ink, the reform the most important of the five years in the field of social plans date of June 2013 and the law on securing employment. The text was aimed at simplifying procedures for economic dismissals of a significant size. It applies to companies with 50 or more employees who wish to be dismissed for economic reasons with at least ten employees over a period of 30 days.

Two methods are now provided: the employer concludes a collective agreement majority union representatives, which is subject to validation by the regional administration, it takes a unilateral decision made in this case to approval of the administration. Previously the head of the company only had to notify the PES with the administration. For businesses, this framework presents the great advantage of limiting litigation. They welcome also now have to do, in case of appeal, the administrative judge and not the judiciary. Finally, the new procedure is also faster.

In 2014, 728 esp have been implemented. 39 % of these plans were the result of the validation of an agreement between the company and the trade union organisations. The services of the ministry of labour will publish in the coming weeks, the data for 2015 and 2016.


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