The headquarters of the PSA company (Peugeot, Citroën, DS) in Rueil-Malmaison in the Hauts-de-Seine
PSA, Pimkie, Les Inrocks … Companies are in the starting blocks to negotiate conventional collective breaks, a novelty of the ordinances reforming the labor code that frames voluntary departures.
The PSA car group (Peugeot, Citroën, DS) could be the first to complete its project, following a planned trade-off with the unions on a single day on 9 January.
The women’s ready-to-wear chain Pimkie (Mulliez group) plans for its part „a month top chrono to negotiate an agreement“, according to the CGT which evokes four work meetings before a possible signature in early February.
While the decrees of application have just been published, for the time being „companies learn“ but there is still no formal agreement, says the Ministry of Labor.
Collective collective breaks allow for voluntary departures, according to a procedure that is less risky for the company and may be less restrictive than that of a plan for safeguarding employment (PSE). They are conditional on the signing of a majority agreement with the unions, approved by the administration.
This will include determining the number of departures envisaged, the compensation proposed (at least equal to the legal severance pay), the conditions to be fulfilled and the criteria for separating the volunteers, or the redeployment measures (training, support for starting a business …) to help former employees find a job.
– Taxable allowances –
The new measure „allows for much more fluidity,“ said Wednesday LREM deputy Sylvain Maillard, questioned on the case of Pimkie. „When a business is impacted by a changing market,“ it must be „able very quickly to reinvent itself,“ he said.
„Should we give an additional tool to large groups that make profits to fire people, possibly leaving the squad of employees over 50 years?“, Said Thursday the MP LFI Alexis Corbière, in reaction to the PSA project.
Asked by AFP, the car manufacturer rejected these accusations.
„For a company, there is no shame to make profits because, ultimately, it is the only thing that protects employees,“ responded a spokesman. In this case, „it is not a matter of making a plan for job cuts or a social plan“ but, according to him, to use „new legal devices“ to adjust the workforce „to the needs of the group.“
In fact, in the event of a majority agreement, the company will simply add to the job and skills matching system (DAEC), implemented every year since 2013, a section on collective breaks, according to the unions interviewed by the AFP.
There is „nothing new under the sun“ (FO), „no particular problem“ (CFTC) except on the amount of the departure bonuses. „Will they be identical“ to those currently offered by PSA in case of departure? wonders the CGT.
Another concern for the unions: the allowances and bonuses, totally exempt from charges and taxes in the framework of a PSE, will be less exempt.
But „we can trust the unions“ to „claim responsibility for the tax and social costs associated with the implementation of a collective break collective“, wishes to qualify Me Sylvain Niel, lawyer (business side) within from the Fidal cabinet.
The employee who volunteers in the context of a collective collective break is compensable by unemployment insurance. On the other hand, it does not have the level of rights of the economic licensees (accompaniment in contract of professional security, priority of re-employment).