Born to pacify separations, this negotiated formula today arouses many doubts. After suspicions of diversion, Conventional rupture would soon be cropped by the next unemployment insurance reform.
In the balance of the French labor market, the amicable rupture oscillates between contractual flexibility and safety net. Extend the deficiency deadlines or raise employer contributions would aim to restrict the opening of unemployment rights Deemed too generous while preserving contractual flexibility. Each negotiated departure ofA permanent employee Transfers the charge to public insurance and projections already announce several billion savings by 2026.
The current rules of the contractual rupture at a glance
Since 2008, the contractual termination has allowed an employee and his employer to end a CDI without litigation, thanks to a negotiated approach. During the prior interview, the parties set the effective date, evaluate the compensation and then record their decisions in An employer-employee convention retail the amount paid. This amount cannot descend under that of the legal dismissal allowance, guaranteeing a level comparable to thedismissal allowance You code.
Once the agreement has been signed, each party has a fifteen -day withdrawal period to return to its decision. After this laps, the file goes to the Direct, where it receives A homologation by the state attesting that the procedure fully protects the rights of the employee. This verification examines the amount of the compensation, the absence of consent and ensures that the negotiated departure does not mask a sanction or a possible disguised dismissal.
Below are the key phases of a rupture procedure conventional:
- Prior interview bringing together employer and employee.
- Drafting of the agreement specifying date and dismissal allowance.
- Fifteen calendar retraction period.
- Deposit for approval procedure with the DIRECCTE.
- Payment ofminimal compensation fixed by law, applicable to the classic indefinite contract.
The hardening tracks envisaged by the government
Carried by François Bayrou and the Minister of Labor Astrid Panosyan-Bouvet, the executive prepares a tightening of screws for the conventional rupture. Among the levers mentioned, the extension of the deficiency Figure on the front line to brake the departures deemed of convenience. Currently, the waiting period goes from 7 days to 5 months of the amount of allowances, and its extension would aim to remove the payment of allowances, creating an extended deficiency period capable of lightening the public invoice for the national funds.
The government is now thinking of limiting the duration of compensation. In this perspective, a Reduction of rights would be coupled with a New calculation base Allowances, introducing a drop in allowances for several profiles. The project, entered in the unemployment insurance reform, would bet on stricter rules and a revised payment ceiling in order to save between 3 and 4 billion euros before 2030.
Beyond the fate of employees, the executive wants to involve employers. This will would go through the corporate social responsibilityconcept called upon to result in a responsibility for businesses during each conventional rupture. A financial mechanism, articulated around stricter rules, would strengthen the employers’ contribution and limit the practice, while a payment ceiling would dissuade opportunistic initial strategies.
Un nouveau cadre législatif pourrait ainsi voir le jour, rendant les ruptures conventionnelles moins systématiques et réduisant leur attractivité financière.
Advanced reasons to justify the reform
According to the Minister of Labor, Astrid Panosyan-Bouvet, the project corrects some Supposed drifts appeared in the use of contractual termination. Based on a DARES study of 2018, the executive believes that there is a substitution for resignations as well as a decline in economic layoffs. To close this breach, he claims the return of a System equitypreventing that unemployment benefits do not become the financial component of a departure negotiation.
The Labor Cabinet observes the weight of the system, indicating that in 2022 compensation linked to conventional ruptures mobilized 9 billion euros. To contain this flow, an increase in the deficiency period and employer contributions is on the menu, with the ambition to strengthen the Cost control. This trajectory serves the desire to reduce insurance costs unemployment without penalizing support for weakened employees.
The ministry also points out a opportunistic behavior allocated to certain workers who see the allowance an expectation income rather than an emergency net. Such a drift encourages the executive to lock the procedure, so that compensation accompanies the professional transition rather than a chosen break. The argument responds to alleged abuses and supports the consistency of a reform designed to preserve collective confidence and solidarity
“We want compensation to become a springboard for employment, not lasting funding from ruptures of convenience.”
Astrid Panosyan-Bouvet-Minister of Labor
The budget impact of the system and its evolution
Since 2022, compensation from conventional ruptures have been heavy on the unemployment insurance budget. THE Annual cost of allowances rose to 9 billion euros, or 28 % of the envelope spent by France Work. This increase comes from the profile of the beneficiaries, employees leaving a permanent contract often with higher wages than the average. This expense also reflects theevolution of ruptures : 315,000 files validated in 2015, nearly 515,000 announced for 2024, the curve having stopped climbing from the 2022 vintage according to the latest official consolidated data.
Faced with this financial flight, the public authorities are considering a firm adjustment. From the sixth year, the Share of CDIs concernedcould be limited in order to lighten the invoice. According to Bercy services, the expected annual savings oscillate between 2 and 2.5 billion euros over the period, with a 4 billion culmen target at the 2030 threshold. This rebalancing would feed itPublic economy 2026-2029 government priority aimed at bringing the regime to a long -term balance without sacrificing the protection of people in transition.
- 9 billion euros in allowances paid in 2022
- 28% of the total allowances paid linked to conventional ruptures
- Economy forecasts of up to 4 billion euros per year by 2030
“These reforms aim to guarantee the sustainability of our unemployment insurance system while ensuring effective protection for employees in transition,” explains Astrid Panosyan-Bouvet, Minister Delegate in charge of Labor.
Astrid Panosyan-Bouvet
The reaction of unions and employers’ organizations
Faced with the announced reform, union anger is gaining ground in tripartite meetings. There Union contestation Takes the form of quantified arguments, concrete examples and warnings on the potential explosion of disputes. During a session organized with the Minister of Labor, only one in three delegation agreed to really go into technical details. The CFDT spoke of “carnage” for job seekers, while the CGT accused the executive of camouflaging disgusting disguised behind a budgetary rhetoric deemed dishonest by its spokespersons.
On the employers’ side, the tone is more measured, while signaling some drifts. After several exchanges, the MEDEF position emphasizes that the conventional rupture offered a relative peace, but that it sometimes replaces an ordinary resignation, which adds the bill for unemployment insurance. Jean-Eudes Tesson, president of Unédic, recalls that this mechanism also serves as a shock absorber for SMEs, especially when no other amicable outcome exists in situations of social tension.
Around the table, everyone measures the impact that the system could have rewriting. Under the courteous sentences is reflected in tense social dialogue where accounting arguments and signals collide without respite. Partners agree on the need to clarify the calendar, because Next negotiationsScheduled at the end of June will determine the balance between economic security and employee protection, while the social climate remains under pressure.
