However a new time appears out of the question

"Flexisecurity" French definitely is difficult to see the day. This years that makers of all cogitent on art and how to translate our lands subtle dosing flexibility and protection which is the strength of the Scandinavian social models, particularly in the Denmark. Almost a year and a half, employers and unions thought have made a decisive step: January 11, 2008, after months of negotiation, they initialled (except the CGT) agreement on the modernisation of the labour market. Fruit of reciprocal concessions, the text provides more flexibility to companies, with including the creation of the conventional break which has already hit with some HRD. In return, unions obtained an increase of the minimum amount of termination pay. Especially, when an employee is found to the Assedic, article 14 of the agreement provides for the continuation, for a period depending on the cases of three months to one year, of the supplementary cover health and foresight it enjoyed in its business. A genuine revolution in social protection in French: so far, these protections were related to status, namely that of an employee. With the new agreement, they become attached to the person.

However, remains a small problem: the "portability" of rights is not always applied! The implementation of article 14 should enter into force on January 20. But eight days before this date, the signatories have quietly signed an amendment to the agreement, and rejected his application on May 1 "for reasons of implementation". Behind this elliptical form hides a late discovery: article 14 is conspicuous by its inaccuracies. Going to make the impasse on technical details, giving headaches to the insurers responsible for applying it. But several crucial points for employees as for businesses have not been specified.

"Imagine that an unemployed person becomes disabled following an accident, for example point Yanick Philippon, responsible for health and welfare of Mercer in France activity." Text entitles him to compensation, but does not specify on what basis it will be calculated: is this the previous salary, or even the unemployment allowance, which is 30 less "According to the option chosen, the amount paid by the company to the employee vary considerably." Another serious problem, "the agreement provides that this"portability"applies when failures of contracts of work opening the right to the unemployment insurance funds, which should include BOD, succession Thi - Ly Nguyen, lawyer specializing in complementary social protection in Fidal." But the wording used is "failure" of the contract of employment does not clearly determine the debate "." According to the interpretation, hundreds of thousands of employees are excluded or not to the benefit of the agreement!

Employers and unions must meet this month to clarify these uncertainties. A meeting that representatives of the employees understand with some trepidation. Because what looks like a round of bargaining not provided for in the programme may revise downward the scope of the agreement. "It is out of the question of unravel section 14," warned Bernard Devy, fo. Exchanges will be much heated on several points, including on the question of the CSD.

However, a new time appears out of the question. "If you do not agree, the text will apply such what may 1", taught Christian Janin, of the CFDT. While thousands of unemployed register for pole employment, trade unions cannot afford the luxury of a new report. The ambiguities of the text would then clarified by case law over the litigation. Unless the Government takes the hand through a circular. In both cases, what is presented as a fact of major weapons of social dialogue would lose its luster, already well terni.