The device of "breaking conventional" – that allows an employer and his employee to terminate a permanent contract by mutual agreement, limiting litigation and providing access to unemployment benefits – has confirmed its success in 2009. For the full year, the first full implementation since its entry into force in August 2008, 191 309 amicable separations were approved by the Department of Labor. This represents nearly 8% of ILC failures recorded in 2009. "This system has put an end to hypocrisy that was to dress up as desired redundancies departures by both parties for the sole purpose of enabling the employee to receive unemployment insurance, welcomes it does in the entourage Xavier Darcos, Minister of Labor. He is entered in the customs and found its stride. "Either 20 000 applications, more or less approved by months.
"If we better secure the release of the company to an employee by guaranteeing a minimum benefit equal to redundancy pay, that's something," says Marcel Grignard, number 2 of the CFDT, the one of four unions to have invented the employers with the device in January 2008.
The refusal rate (records released by the administration in particular for non-compliance with statutory time limits) reached 13% in 2009 and that of inadmissibility (for incomplete), 3%. Two proportions in sharp decline over the year, indicating a greater ownership of the device by the Department of Human Resources. Some companies however are still aligned for their applications because of "social disguise" – a true social costs more than adding individual separations. It's mishap occurred in December to IBM online payday advance .The direction of the work of the Hauts-de-Seine has refused registration of 12 cases in the month. According to Jean-Michel Daire, CFDT delegate the administration would still accept applications in February reformulated by the group.
"It does not attend mass flow diversion" into perspective does one Department of Labor, which has yet sent in March 2009 a serious warning to its officials. They were advised to be "vigilant breaks conventional concluded in order to circumvent the safeguards of redundancies and collective."
Strong rise in entries to employment center
Virginie Devos, a lawyer in employment law in August & Debouzy, confirms: "Some enterprises are abusing the conventional break knowing they are likely to overturn." But others are more reluctant to use them."Some employers do not want to sign a treaty breaks because they fear a ripple effect among their employees more and more people want to benefit and reluctant to resign," says she.
Latest Trend: More and more employees enroll in employment center after signing a separation amicably. They have been 128 696 in 2009 to cross the gates of the former ANPE, or 67% of recipients of rupture. A steadily rising level which was close to 80% in December. This implies that, despite the crisis, employees are increasingly likely to take the gamble to leave the company immediately without having another job.
ALSO READ:
"CDI: breaks amicably fly
"Breaks amicably: beware of disguised layoffs