Breaks conventional CDI "friendly" between employer and employee, created two years ago, moved into the world of work, but they do not prevent misappropriation or dispute. In sharp rise since the implementation in July 2008 law to modernize the labor market, this device is different from the dismissal and resignation, seems to have reached cruising speed with 18,000 to 20,000 registrations each month by the administration. These are more than 320,000 conventional breaks that were entered in total, according to figures from the Ministry of Labour in late May.
The simplicity of the procedure, the possibility of employees to qualify for compensation at least equivalent to the severance pay and access to unemployment benefits, have contributed to this development.Even the former butler of Liliane Bettencourt left the service of the millionaire after 12 years of work through a break treaty.
However, unions and lawyers are worried about this new opportunity to cut jobs, without implementing expensive and complex schemes.
Older people most affected
At IBM, 12 conventional breaks were invalidated by the administration in late 2009 on the grounds that the device can bypass a social plan. The CFDT had criticized the IT group to target employees "at about sixty, who receive unemployment until the age of retirement. "The conventional breaks, such as layoffs, more often concern the elderly, in five cases, the government contends.
At Lejaby (underwear) in the Rhone, six of ten conventional breaks in 2009 and has touched more than 50 years, "the workers out of breath" as a union delegate. The number two of the CFDT, Marcel Grignard, welcomed the move "a system completely opaque to a sidebar," but acknowledged "abuses", on which the Central Government in writing to request "a meeting of social partners "and see" how to correct it. "
Contracts signed under pressure
A Bordeaux, 48, returned to society ala Aeronautics and Aerospace Support via conventional breach also complained of having signed a contract under duress that he had not mastered the implications. With the key discovery that will not affect unemployment compensation for three months, and must cope with his bonus.Employment center also teaches him that he does not have the "advantages of redundancy" and can not claim any training to upgrade.
For Director General of Labour, if "there may be abuses in this or that company," the system, "framed", "protects the rights of employees", and the administration remains "vigilant". While the device would reduce lawsuits against employers, the first judgments were canceled breaks, reclassified as redundancies. It is even "a nest of litigation," according to lawyer Richard Sintes, who advised directions on employees wanting to leave and may also "abuse the unemployment insurance."