Question 4852 — employment and activity

Summary

Ms. Ericka Bareigts draws the attention of the Minister of Labor to the social risks posed to employees by the new voluntary departure system known as collective contractual termination, created by labor orders. During the parliamentary examination of labor orders, to justify the interest of this new tool, the Government indicated that it wanted to put an end to the “trauma of dismissal”. Rather than ending it with this, the Government and its majority have added anxiety and stress to the trauma: employees will have even more of the feeling of living with a sword of Damocles hanging over their heads. And this feeling is already felt by hundreds of employees. This is unfortunately the case for those of the Pimkie company. At the beginning of January 2018, management presented its collective contractual termination project which concerned 208 employees. Thanks to the rapid mobilization of union organizations and elected officials, management abandoned its project. However, a voluntary departure plan was developed. The appetite of employers for the collective conventional rupture and the recent news are the sad demonstration of the fears that the New Left group had expressed to the National Assembly during the parliamentary debates: the rupture collective agreement makes it possible to circumvent the obligations to which the employer is subject in the event of a PSE, namely its obligation to reclassify. It even deprives the employees concerned of the professional security contract and constitutes a loss of purchasing power since the person is deprived of more advantageous compensation for a year and does not have the reinforced monitoring provided for job seekers who are victims of a economic dismissal. In addition, this tool is a formidable trap for seniors: employers prefer to use collective contractual termination to rehire younger and less expensive employees rather than invest in the training of “senior” staff. The majority have therefore developed a “dismissal accelerator” which clearly shows their attachment to facilitating departures rather than maintaining employment. After Having denounced this attempted force, the unions of the Pimkie company fear a disguised social plan which should extend to all the brands of the group to which it belongs, as suggested by the economic interest group entitled Fashion 3. Several hundred employees could thus be affected, even though the company's results in France are on the rise. Because they are good international results which are not good and on which management relies to make dismissals. In her orders, it is in the name of employment that the Minister established a national scope for assessing economic difficulties, considering that it was absurd to look at the financial situation of a company at a global level. There is no doubt that the Minister will apply this same reasoning to the present case by considering that it would be absurd to look at the difficulties encountered elsewhere to justify layoffs here. This is why she wishes to know her position both on the situation encountered by the Pimkie company and on the follow-up that the Government intends to give to the risks posed by its new tool on the country's employees.

Machine translation from French. The official text remains authoritative.

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