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15442

Question 15442 — children

openFrance· National Assembly· FR

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Mrs. Stéphanie Kerbarh draws the attention of the Minister of Labor to the bonus-malus of short contracts. On February 22, 2018, the social partners concluded a National Interprofessional Agreement (ANI) relating to the reform of unemployment insurance initiated at the invitation of the Government and which constitutes a response to the road map transmitted by the Ministry of Labor on December 14, 2017. Also, article 3 of the said ANI entitled “Provisions relating to sustainable employment” noted the implementation of sectoral negotiations relating to sustainable employment and the moderation of the use of short employment contracts. These negotiations were to provide for two conditions: a qualitative and quantitative diagnosis of the use of short contracts and the setting of measurable quantitative and qualitative objectives. The result of these branch negotiations was to be assessed no later than 31 December 2018, with a progress report as of July 31, 2019. However, article 57 of Law No. 2018-771 of September 5, 2018 for the freedom to choose one's professional future, disregards the terms of the ANI of February 22, 2018, and once again refers, on the basis of a framing letter from the Prime Minister, the subject of short contracts to negotiation anticipated inter-professional consultation of the future unemployment insurance agreement which should be successful mid-January 2019. However, the interprofessional actors wanted to fully commit to this approach on the basis of trust between the Government and the social partners. This is also the case of the cleaning professions branch, which wished to respect the terms of the ANI of February 22, 2018, by presenting the conclusions of its branch diagnosis established with Unedic, in June 2018. This diagnosis resulted in September 2018 with the signing, with 90% of its union representation, of two joint agreements: on the one hand, that of “moderation of the use of short employment contracts” and on the other hand, “on the rules governing fixed-term contracts and CTT”. This question of short contracts is at the heart of the economic activity of the cleaning branch, because, if the branch has 83% of permanent contracts and 17% of fixed-term contracts, 74% of them intervene for reasons replacement of absent employees, whose hygiene reasons (especially for schools and hospitals) require the imperative continuity of service expected by customers. Thus, she asks him if the professional branches which, like cleanliness, have already committed to moderating the use of so-called short contracts, will be exempt from the implementation of the bonus-malus announced by the Government and if professionalization contracts and conventional terminations fall into the category of contracts referred to in article 52 of the law for the freedom to choose one's professional future.

Machine translation from French. The official text remains authoritative.

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