Saturday, 15 January, 2022

Long-term partial unemployment: unions furious at the relaxation of corporate obligations


The Ministry of Labor has relaxed its requirements in the event of non-compliance with the employment commitments of a company that has entered into a long-term partial activity agreement (APLD), sparking an outcry from unions.

The Minister of Labor, Elisabeth Borne.

The subject of long-term partial unemployment to cope with the crisis generated by the Covid-19 epidemic was until then rather consensual, even if some unions found that the government was playing small arms on the obligations made to companies on the counterparts to which they had to commit in order to benefit from state aid. And that nothing prohibits the coupling of a long-term partial activity agreement (APLD) with a collective performance agreement, which allows in particular to impose wage cuts on employees, which Philippe Martinez deplored on Tuesday. leader of the CGT.

But an addition to the draft decree concerning the APLD made the unions jump. In the event of non-compliance with the commitments to maintain employment, “The reimbursement of the employer [ne sera pas] payable if the business outlook has deteriorated compared to those provided for in the collective agreement or the employer’s document ”, is it now provided in this text, revealed the specialized agency AEF.

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Long-term partial activity: the government takes action for employers

This was not included in the document sent to employee organizations at the end of the consultation. They discovered it in the version which was sent to them in preparation for the meeting of the National Collective Bargaining Commission, which must be referred – for opinion – before the publication of this type of regulatory text. “Employer lobbying works well”, squeaks a trade unionist.

The content and the form

“The ministry unilaterally decided to relax the conditions for reimbursement of aid for companies under the APLD; on the other hand, it still has not introduced the employer’s commitment to maintain in the employment of employees on short-time working under common law which had been recorded during the social summit of June 24 at the Elysée », points out Michel Beaugas, FO confederal secretary in charge of employment.

Read also:

Business failures: the emergency system renewed for one year

“On the form, we are surprised to discover this modification just within the framework of the obligatory consultation. Basically, I do not see the point of including such a provision in the decree. If a company experiences difficulties, this should be discussed with the unions as part of the APLD agreement ”, reacts the number two of the CFDT, Marylise Léon. “We will do everything to modify the text”, she adds.

“There really has to be suspension of payment or proven market loss, otherwise, we change the nature of the system”, judge for his part Jean-François Foucard, in charge of employment at the CFE-CGC. All denounce “A risk of a terrible windfall effect”.

Read also:

Teleworking: employers and unions stand firm

The Ministry of Labor has relaxed its requirements in the event of non-compliance with the employment commitments of a company that has entered into a long-term partial activity agreement (APLD), sparking an outcry from unions.

The Minister of Labor, Elisabeth Borne.

The subject of long-term partial unemployment to cope with the crisis generated by the Covid-19 epidemic was until then rather consensual, even if some unions found that the government was playing small arms on the obligations made to companies on the counterparts to which they had to commit in order to benefit from state aid. And that nothing prohibits the coupling of a long-term partial activity agreement (APLD) with a collective performance agreement, which allows in particular to impose wage cuts on employees, which Philippe Martinez deplored on Tuesday. leader of the CGT.

But an addition to the draft decree concerning the APLD made the unions jump. In the event of non-compliance with the commitments to maintain employment, “The reimbursement of the employer [ne sera pas] payable if the business outlook has deteriorated compared to those provided for in the collective agreement or the employer’s document ”, is it now provided in this text, revealed the specialized agency AEF.

Read also:

Long-term partial activity: the government takes action for employers

This was not included in the document sent to employee organizations at the end of the consultation. They discovered it in the version which was sent to them in preparation for the meeting of the National Collective Bargaining Commission, which must be referred – for opinion – before the publication of this type of regulatory text. “Employer lobbying works well”, squeaks a trade unionist.

The content and the form

“The ministry unilaterally decided to relax the conditions for reimbursement of aid for companies under the APLD; on the other hand, it still has not introduced the employer’s commitment to maintain in the employment of employees on short-time working under common law which had been recorded during the social summit of June 24 at the Elysée », points out Michel Beaugas, FO confederal secretary in charge of employment.

Read also:

Business failures: the emergency system renewed for one year

“On the form, we are surprised to discover this modification just within the framework of the obligatory consultation. Basically, I do not see the point of including such a provision in the decree. If a company experiences difficulties, this should be discussed with the unions as part of the APLD agreement ”, reacts the number two of the CFDT, Marylise Léon. “We will do everything to modify the text”, she adds.

“There really has to be suspension of payment or proven market loss, otherwise, we change the nature of the system”, judge for his part Jean-François Foucard, in charge of employment at the CFE-CGC. All denounce “A risk of a terrible windfall effect”.

Read also:

Teleworking: employers and unions stand firm