Question 15855 — employment and activity

Summary

Ms. Corinne Vignon draws the attention of the Minister of Labor to the issue of penalty bonuses on short contracts. On February 22, 2018, the social partners concluded a national inter-professional agreement (ANI) relating to the reform of unemployment insurance initiated by the Government and which constitutes a response to the roadmap transmitted by its ministry on December 14, 2017. Article 3 of the 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 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 the 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 framework letter from the Prime Minister, the subject of short contracts to interprofessional negotiation anticipation of the future unemployment insurance agreement which should be concluded in mid-January 2019. However, inter-professional actors wanted to fully commit to this approach on the basis of trust between the government and 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 on 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 temporary employment contracts”. This question of short contracts is at the heart of the economic activity of the cleaning activity sector, because, if the branch has 83% permanent contracts and 17% Fixed-term contracts, 74% of them intervene for reasons of replacing absent employees, whose hygiene reasons (especially for schools, hospitals, etc.) require the imperative continuity of service expected by customers. She asks him to kindly indicate, on the one hand, whether the professional branches which, like the cleaning professions, have already engaged in moderating the use of contracts so-called short, will be exempt from the implementation of the bonus malus announced by the Government and, on the other hand, in order to clarify its intentions and the scope of this measure, to kindly clarify the notion 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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