Overall promised simplicity is at the appointment

The amicable divorce between the customs of business. End of October, according to the General Directorate of labour (DGT), ensures conventional contract breaks had already been recorded, a total enough important device in effect since mid-July only. So far, "little or no incidents are regrettable and the device begins to be well known," reflect the unions such as the associations of HRD. Some 1,500 failures have certainly not been validated by DGT, but for reasons of form or technical adjustments (non-compliance with the time of retractation, paid less than the statutory minimum compensation) more than substance. Overall, promised simplicity is at the appointment. The appetite of the employees also. They quickly realized, "this may be the opportunity of itself out of a difficult to live professional situation," explains Gabrielle Simon (TCRC). And as in return for HRD there, them, a clear and well lined separation mode legally, some do not have hesitated to embark.

Remains that this amicable breakup is not a real novelty for many companies and has yet to make a place. Informally, many separated already agreed for certain employees, by dismissal for personal reasons, with "small arrangements" and the legal uncertainties that this implies.

The fear of the skids

In the spirit of the Government, the amicable break, formalising the approach, will naturally come to replace this form of negotiated departures. But the reality is sometimes different, and the new device will not unblock situations by enchantment, prevent the HRD. "Some employees already think that negotiate their departure became a kind of law." "I am afraid that in the event of refusal on our part, they go as in the past towards confrontation," is HRD of a group, justifying in advance the fact that he will not make a great promotion of this tool in his company.

"Some HRD refuse to hear;" they are afraid to open Pandora's box and requests multiply if they accept once. "There is also an unfounded fear of the administrative process: they do not want"the eye of Moscow"to interfere in the negotiated departures", explains Sylvain Niel, lawyer in social law to cabinet Fidal. Result, on the ground, first conflicts appear between employees wishing to leave the settlement and HRD refusing. It is the case, for example, in a pharmaceutical in the Paris region or in a regional fund of Medicare in the South of the France, where two employees were denied without explanation the breaks they sought. An attitude that advises against Sylvain Niel: "Refuse on principle generates necessarily tensions and extreme, as attitudes of the abandonment of post." Should examine on a case by case and accept to the extent possible, by controlling the total number of failures.

This is the second risk that now fear the unions: abuse of conventional failures "proposed" by companies. "It must be vigilant so that with the crisis the HRD not multiply them to disguise their social plans," warns Alain Lecanu (GSC). "For to save expensive redundancies, businesses will play the"body-to-body"pushing individual departures through this", analysis also Maurad Rabhi (CGT).