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In fact, in all cases, this is because it is the only way to go.

2020-11-12T18:05:45.085Z


In the midst of a pandemic, some consulting firms offer companies to reduce their costs by relying on performance agreements.


Nothing illegal, but a good dose of cynicism.

Taking advantage of the pandemic, law firms specializing in legal support for companies are currently offering their clients a technique to achieve very large savings.

One of them, Redlink, based in Paris, for example bait on the home page of its website with this unambiguous message: "Covid-19: how to reduce wages very quickly, remove variables, a 13 th month, the remainder of leave or RTT ”.

Redlink law firm is using Covid to explain to companies how to lower wages through a collective performance agreement (screenshot from website).

The Parisian  

Their method is to rely on the collective performance agreement (CPA), which makes it possible to modify the working time, mobility and remuneration of the employee, provided that an agreement has been concluded in the company.

"It's organized social scrapping", chokes Meriem Ghenim, lawyer in social law in Seine-Saint-Denis and secretary of Saf (union of lawyers in France), who sees in his office employees stressed to lose their jobs.

"No question of hitting on employees", according to Redlink

For its part, Redlink denies being "inhuman".

"To inform, our ticket must be read," specifies one of the partners.

So it is direct and not very technical.

But there is no question of beating on employees, we must offer them a consideration so that the agreement passes, a guarantee of employment for example.

Our goal is to show that it is an interesting procedure during this complicated period for companies.

The firm has had several feedbacks from its clients and negotiations are underway for about fifteen of them.

A legal expert who also follows many companies remains blown away by the statement of his competitor Redlink: "It is scandalous to display this, as a promotion.

It's too easy to play on people's fear, especially in SMEs where there is no union representative.

We too suggest to have recourse to the APC, but for extreme cases, and to prevent society from going out of business.

The goal is not for the boss to make more profit.

"

"It is without faith or law"

But some firms sometimes tout this method to their clients, regardless of their financial situation.

The CEO of a large finance company received an email from Redlink, his advisor, entitled "How to cut wages quickly".

“This wording bothers me, it's without faith or law,” he says.

I won't be applying the APC, I don't need it.

But I have discussed it with some of my counterparts and they are thinking about it in order to reduce their payroll.

"

“Certainly, business consulting is not the world of care bears, reacts a HRD working for 20 years in the pharmaceutical sector.

But I have never seen such a message.

"

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The Order's advertising commission speaks of an “indelicate” text.

“In the case of Redlink, the text is not outlawed at first glance.

We do not discover that some firms work for companies.

And that the PCA misused can be formidable.

But the title like the explanation lacks moderation, information and even prudence with regard to its customers.

"

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“A collective performance agreement must be a give and take,” says an expert in corporate restructuring.

Its philosophy is to allow a society that is going badly to react before it is too late.

This had been proposed for example to the unions of Bridgestone

(Editor's note: the tire factory in Béthune whose closure has just been decided by management)

who had refused.

"

How does the collective performance agreement work?

Created in September 2017 by the Macron ordinances, this new legal tool makes it possible to modify compensation, working time (duration and organization) and employee mobility in the name of preserving employment.

The idea is to give flexibility to companies so that they resist crises and anticipate the future.

A collective performance agreement (CPA) is negotiated with a view to “meeting the needs related to the operation of the company or with a view to preserving or developing employment”, stipulates the legislative text.

When an APC is concluded, the employer has the right to dismiss the employee (s) who individually refuse this agreement.

In large and medium-sized enterprises with at least one union delegate, the APC must be negotiated with him.

It is validated if it is signed by the trade unions representing at least 50% of the employees.

Very small companies (less than 11 employees) can also conclude an APC: the employer submits his draft agreement to a vote and it is validated if at least two-thirds of the employees approve it.

Once the agreement has been concluded, the employer informs each employee of his right to accept or refuse the application of this agreement to his employment contract. Each employee has one month to indicate, in writing, his refusal to his boss. The latter then has two months to initiate a dismissal procedure for personal reasons. The employee benefits from the legal compensation for dismissal or, if it is more favorable, from the compensation provided for by the collective agreement.

Source: leparis

All news articles on 2020-11-12

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