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three avenues explored by employers to curb abuses

The employers decided to return to the unemployment insurance bargaining table on Thursday. The unions look forward to their alternative proposals to the bonus-malus on short-term contracts. Here are three of the areas on which employers' organizations would like to advance.

Securing employer groups

Among the dozen alternatives to the bonus-malus on short-term contracts, the employers 'camp puts forward the recommendations of the Economic and Social Economic Council (CESE) on employers' groups. Born in 1985, having spread in the rural world essentially, these non-profit associations hire mostly people on permanent contracts they "share" between their members, TPE or SME. There are 6,500 employees, who employ 45,000 full-time equivalent employees, who benefit from an above-average training effort.

About 60 groups are born each year, but they are never really out of the shadows. For them to develop, the Cese has proposed the establishment of a guarantee fund. The goal: to dilute the risk linked to the principle of solidarity attached to groups (in the event of a participant's default, the others must cover).

Regulate the use of fixed-term contracts

By its simplicity of implementation and its low cost, the fixed-term contract, or contract of extra, is the most adapted work contract – seen from the employer – to cope with an increase of activity or a replacement. Derogatory to the standard CDD, it can only be concluded in about twenty sectors where the CDI is not the traditional recruitment method (personal services, moving, show, polls …). It has also been adopted in about thirty collective agreements. Its end does not give entitlement to the precarious indemnity, unless a collective agreement or a company agreement stipulates it. A waiting period is not necessary in case of succession of missions.

Las, denounce the unions, its use has spread illegally. Ten sectors or 200 collective agreements are concerned, according to a report of the General Inspectorate of Social Affairs (Igas) of 2015, which highlighted in particular the " low " regulation of the usual CDD, "That it falls under the state or branch agreements". The employers say they are ready today to review some of the flexibilities of the fixed-term contract and to better regulate them to limit their massive use in certain sectors.

Develop Interim CDI

The Interim CDI was born from a branch agreement in July 2013, extended by a decree of the Ministry of Labor in 2014. Initially, it was a matter of escaping, for the professionals of the interim, the taxation of contracts short. It consists in proposing to an employee a contract during which he can carry out several missions for different companies, but while being remunerated by the temp agency that employs him, including during periods of inactivity. The inter-mission is therefore supported by the temporary agency and not by Pôle emploi. The end of an interim contract does not give entitlement to a precarious or end of mission bonus since it is a contract of indefinite duration.

In order for the system to be sustainable for the temping agency, these contracts are offered primarily to highly employable employees, whose periods of inactivity are short. Prism'emploi, which brings together the professionals of the temporary agency, has just signed an agreement last week which aims at the branch to double the number of temporary CDI within three years. That is, from just over 20,000 today (25,000 in 2018) to 40,000.

Alain Ruello, Marie Bellan


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