The 12 key points of the social “renovation” of the Government
We have summarized the 12 major points of social renewal, including six ordinances which were published in the Official Journal on September 23, 2017. We wish you good reading and remain at your disposal for any further explanation.
New structure of branch and company negotiations
Definition of three skill blocks at branch level: (Immediate application)
An imperative first block for companies
For example :
- Hierarchical minimum wages;
- The pooling of funds for financing paritarism and that of vocational training funds;
- Additional collective guarantees;
- Measures relating to working hours, the distribution and organization of working hours (equivalent hours, minimum number of hours leading to the requalification of night worker over a reference period, minimum duration of part-time work and hours additional hours, rate of increase for additional hours, additional hours per rider)
- Those relating to fixed-term employment contracts, temporary employment contracts (total duration of the contract, transmission of the CDD, succession of contracts, renewal) and the site CDI;
- Professional equality between women and men;
- Conditions and duration of renewal of the trial period;
- The modalities according to which the continuation of employment contracts is organized between two companies when the conditions of application of article L. 1224-1 are not met;
- The cases of making a temporary employee available to a user company;
- The minimum remuneration of the paid employee, as well as the amount of the business contribution allowance, mentioned in articles L. 1254-2 and L. 1254-9 of this code;
A second imperative block if a foreclosure clause provides for it
For example :
- Prevention of the effects of exposure to occupational risk factors;
- Professional integration and job retention of disabled workers;
- Staff from which ROs can be appointed, their number and the value of their union career;
- Premiums for dangerous and unhealthy work;
A third optional block which companies can derogate from by company agreement
Possibility for companies to derogate from contractual provisions that do not fall under the first two blocks
(conventional premiums, for example)
Generalization of majority agreements (from May 1, 2018)
Reminder: For a majority agreement to be valid, it must be signed by one or more trade union organizations of representative employees having received more than 50% of the votes cast in favor of representative organizations in the first round of the last incumbent elections to the committee of the company or the single staff delegation or, failing that, staff representatives, regardless of the number of voters.
Referendum initiated by the employer (Immediate application)
Reminder: For non-majority agreements, possibility of validating it, by referendum, if it is signed by one or more trade union organizations of representative employees having obtained more than 30% of the votes cast in favor of representative organizations in the first round of the last election of incumbents to the works council or the single staff delegation or, failing that, staff representatives, regardless of the number of voters.
- Currently, this possibility is only open for signatory SOs;
- The employer could henceforth use it under the same conditions but in the absence of opposition from “all the representative SOs having obtained more than 30% signatories”.
Negotiation in companies with less than 50 employees without a union representative
- Possibility of submitting a draft agreement for consultation with employees
- Validity subject to 2/3 majority (Application subject to publication of a decree)
For companies with less than 11 employees or up to 20 employees, in the absence of employee representatives: negotiation possible with authorized employees or with one or more elected members of the social and economic committee without authorization
For companies between 11 and 50 employees: (Immediate application)
Replacement of the CE-CHSCT-DP bodies by a “Social and Economic Committee”
(Application subject to the publication of decrees + transitional provisions until January 1, 2020)
- Mandatory merger of CE-CHSCT-DP bodies for all companies regardless of their size;
- Maintaining the bodies currently in place until the end of the terms of office and no later than January 1, 2020;
- A compulsory health, safety and working conditions commission in companies and establishments with at least 300 employees and in all establishments including a basic nuclear installation or classified SEVESO;
- Absence of substitutes, if the incumbents are present at the meeting;
- Allocation of a cumulative operating budget with the social works budget;
- 20% co-financing of expertises;
Skills and responsibilities adapted for companies with less than 50 employees, with missions corresponding to those currently of DPs.
Possibility of merging, by branch or company agreement, the DS and the CSE under a “Company Council”
- Total merger of the possible bodies in the company (CSE and DS) including the competence of negotiating collective agreements;
- Implementation by company agreement or extended branch agreement;
- Possibility of setting up at the level of the UES;
Establishment of a scale for the indemnities granted by the judge in the event of dismissal without real or serious cause
(Immediate application to dismissals pronounced after the publication of this ordinance)
- Implementation of floors and ceilings varying according to the length of service of the employees;
- Specific floors for companies with less than 11 employees;
- Scales applicable to judicial terminations for the wrongs of the employer, and to acts recognized by the judge;
- Removal of the indicative scale that had been put in place by the “Macron” law of 2015;
“Exclusion from the scale” in the event of discrimination, harassment, violation of a fundamental freedom or of the protective status (sanctioned by the nullity of the dismissal)
Increase in legal compensation for redundancies
(Applicable to notified redundancies and retirements, as well as to contractual terminations concluded, from September 27, 2017)
New Art. R.1234-2 of the Labor Code:
The severance pay may not be less than the following amounts:
- A quarter of a month’s salary per year of seniority for years up to ten years;
- One third of a month’s salary per year of seniority for years from ten years
Securing of voluntary departure plans by setting up a “collective contractual termination”
(Application subject to publication of a decree)
- Formalization of “collective contractual termination” and “mobility leave” agreements
- Possibility of concluding terminations by mutual agreement with the employee within the framework of collective contractual terminations or mobility leave
- Inapplicability of the rules relating to collective redundancies for economic reasons
- Same tax and social regimes as compensation paid under a PES
Delimitation of the scope of redundancies for economic reasons at the national scope
(Immediate application to economic redundancy procedures initiated after the publication of the ordinance).
- Assessment of economic difficulties at the level of the company, or at the level of the sector of activity common to that of companies established at national level, when the company belongs to a group.
- Definition of the group by reference to the group committee
- Same concepts and perimeters used for the reclassification obligation (idem for the reclassification obligation for incapacity)
Relaxation of the modalities of recourse to teleworking
(Immediate application + transitional provisions for amendments to the current teleworking employment contract)
- Practical arrangements defined by agreement or failing that, by a charter (after opinion of the future CSE) or by any means for occasional teleworking
- A new “enforceable right” for the employee? A refusal by the employer who must be motivated for the positions defined as being eligible
- Possibility of occasionally resorting to teleworking + elimination of the obligation to sign an amendment to the employment contract for occasional teleworking
Simplification of the professional prevention account (of arduousness)
- Renaming of C3P to C2P = “ professional prevention account “
- Dematerialized declaration obligation for risks linked to an aggressive physical environment or to certain work rhythms + elimination of the declaration obligation for factors linked to marked physical constraints
- Upcoming decree for the exclusion of hazardous chemical agents
- Abolition of hardship contributions as of January 1, 2018
- New terms of early departure from October 1, 2017 (subject to the publication of a decree and an order).
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