Breaks conventional collective: “avoid the trauma of the dismissal”, according to Pénicaud


The minister of Labour Muriel Pénicaud happens on the 17 October 2017 in Paris (Photo: BERTRAND GUAY. AFP)

The minister of Labour, Muriel Pénicaud, defended Sunday the breaks conventional collective, introduced by the ordinances amending the labour Code to regulate the voluntary departure, holding that”to avoid the trauma of dismissal, it is better”.

When questioned on the occasion of the Grand rendez-vous Europe 1, Cnews, and The Echos on this new scheme, the minister referred to “certain cases of restructuring, reorganization, neither the company nor the employees want to live with the trauma of redundancy but agree (…) to have a form of negotiated”.

Breaks conventional collective, which considering using companies such as PSA (PA:PEUP), Pimkie or Les Inrocks, allow people to make a voluntary departure in accordance with a procedure less risky for the company and may prove to be less binding than that of a backup plan of employment (PSE). They are conditional to the signing of an agreement of the majority with the unions, approved by the administration.

Ms. Pénicaud has insisted on the fact that the employees would be “strictly voluntary. We cannot dismiss zero person against his will”, she said, arguing the “double lock of the agreement with the trade unions and”volunteering”.

The candidate initially will be “not only unemployment insurance but (…) all the accompanying conditions, mobility, training, support for the creation of a company that are traded” in the agreement, she added.

In some cases of restructuring, “if everyone is in agreement, to avoid the trauma of dismissal, it is even better”, concluded the minister of Labour.

If the employee who is a volunteer in the context of a contractual termination collective is compensable through the unemployment insurance, it has not, however, the level of rights holders, economic (support in the professional security contract, priority of reemployment).

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