The Macron labor law reform created a new way to implement
downsizing on a voluntary basis. The so called "rupture
conventionnelle collective" (collective mutually agreed
terminations) allows employers and employees to circumvent the
heavy administrative process that accompanies traditional economic
layoffs.
This new system clearly comes with advantages but must be carefully
carried out in order to not jeopardize the entire operation.
Here are some do's and don'ts to keep in mind before
jumping in.
Do set out with the negotiation partners (trade unions) the maximum
number of departures, as well as what category of employees is
concerned.
Don't mistake the RCC system for an easy way to downsize
without limits.
Do make sure that you've evaluated the other options first: you
won't be able to change your mind and dismiss the employees
instead
Don't make the mistake of simply offering financial
indemnification: the system requires additional offers in the form
of outplacement, external job offers, support for starting a
business, etc.
Do remember that this is a voluntary process and put in place a
proper call for applications. Yes, people are going to apply to be
terminated in this manner.
Do take into account many different criteria in selecting the
beneficiaries. The factors cannot only be age and seniority.
Don't mistake this for a standard economic layoff. This process
is mutual and one of negotiation. The employer is not in a position
to strong-arm anyone.
Don't forget to include the works council (CSE) in the
process.
Flichy Grangé Avocats will be able to assist you with every
step necessary to ensure your company's proper handling of this
new process.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.