Labor law: layoffs of economic facilities in SMEs? – The Express

The CGPME particular accused the El Khomri law to be unfavorable to smaller companies and recently demanded adaptations like to pass the time of challenge to a dismissed employee to two years to six months for SMEs.

Discussions open to Parliament might be more favorable. At least as regards the provisions for redundancy.

A small number of CA quarters of decline.

Main grievance small patterns on Bill Current work: the threshold of four consecutive quarters of decline of sales or orders (unless branch agreement) as justification for economic difficulties of a company listed in the latest Labour Bill. For many opponents, we must review copy and adapt this duration according to company size: longer for big companies and shorter for smaller.

“When a SOHO or SME four consecutive quarters of decline in turnover, dismissal, in general, is made at the helm of a commercial court is a little late “said Jean-Michel Pottier, CGPME before the social Affairs Committee on 30 March.

Good news: Christophe Sirugue, rapporteur of the text is working on this issue. It also considers him this time “too long” for SMEs with fewer than 300 employees, as he told the Les Echos March 31. A position he defends for days; during his speech taken Social Affairs Committee, the member did not hesitate to insist on it and think about adaptations of redundancy. An amendment should soon emerge.

Myriam El Khomri, itself, says “favorable” to the adaptations. “If in the parliamentary debate, there is the proposal to differentiate the number of quarters depending on the size of the company, I am in favor,” has responded the minister on RMC and BFM TV Thursday, March 31. Remarks already held before the Social Affairs Committee of the National Assembly on Tuesday 29 March.

Other analysis criteria. In committee, said Christophe Sirugue also consider the development of other criteria, including an assessment of the “magnitude” of the revenue declines, again depending on the number of employees. “I am aware that even a drop of 0.2% may be dangerous for some companies,” he pointed to the discussions. A debate that refers directly to the thorny issue of the judge’s discretion in this case point around which many experts argue.

A constitutional problem? These provisions on measures provoke debate. Catherine Lemorton, President of the Social Affairs Committee of the Assembly, considers the project “very embarrassing for the legislature.” How to “find ways of helping SOHO / SME without being struck ante-constitutionality, she advance. We have a real problem.” The Constitutional Council may consider, as he had done for the prudhommal scale of Macron law, that the measure introduces a “breach of equality”. According to Les Echos , the Ministry of Labour claims to have verified that the provision is consistent.