Question 15620 — work

Summary

Mr. Guy Bricout draws the attention of the Minister of Labor to the national inter-professional agreement (ANI) concluded on February 22, 2018 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”, recorded the implementation work of sectoral negotiations relating to sustainable employment and 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 December 31, 2018, with a progress report as of July 31, 2018. However, article 57 of law no. 2018-771 of September 5, 2018, for “Freedom to choose one's professional future”, ignores the terms of the ANI of February 22, 2018, and refers again, on the basis of a framing letter from the Prime Minister, the subject of short contracts to the anticipated inter-professional negotiation of the future unemployment insurance agreement which should be concluded in mid-January 2019. However, the actors interprofessional representatives 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 signature in September 2018, 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% permanent contracts and 17% fixed-term contracts, 74% of them intervene for reasons of replacing absent employees, including Hygiene reasons (especially for schools and hospitals, etc.) require the imperative continuity of service expected by customers. Thus, he asks whether 1) 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 2) In order to clarify its intentions and the scope of this measure, the Government may specify the notion of contracts referred to in article 52 of the law for the freedom to choose one's professional future.

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