what is a framework ? Has this simple question, there is not, to date, clear and precise answer for in the labour code. There were many tracks in the convention of the Agirc (supplementary pension), but it also disappears, due to the merger with the Arrco. It is, therefore, to fill a void that the social partners decided, in 2015, to engage in a negotiation to create a definition in good and due form. A project started a few months ago only.
Know who can wear the label, and who may not, is not a marginal issue as follows the income or not, specific provisions to cadres in collective agreements (minimum wage, additional days leave… ), the voting in a college dedicated in professional elections, the granting of services of Apec in the event of unemployment, etc
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as the deadline for reaching an agreement is set at 31 December, the discussions between the social partners began piano-piano. Only three meetings were held since the beginning of the year. It must be said that the Medef has cancelled the last two dates. On the eve of the election of its new president, the status frame is not its primary concern.
Three meetings, already cramping
At the last meeting in march, the employers ‘ organisation has contorted the trade unions. She would like to leave as much as possible the hand to the employers to decide which, among the workforce, is part, and which benefits from the foresight associated with it. A position that reflects his obsession not to freeze the things in the law, in order to be able to paste to the specificities of the field. “The danger of this system, among others, it is to block the mobility of professional executives, as they will move less if they are at risk of losing the changes from one company to another,” says Marie-José Kotlicki, to the SGC.
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What criteria do unions do they wish to see enshrined in a national definition for inter-professional ? The CFDT, for example, refers to “the technical capability, responsibility, autonomy and initiative” of the employee. Other organizations are also turning around these concepts. The criterion of a minimum qualification will be maintained, even if there is debate on the level (bac +2? bac +3?). There is not, in any case, no revolution in sight, compared to the items that where listed on the convention of the Agirc : level of degree (bac +3 minimum), degree of work autonomy and scope of responsibilities.
new guarantees for frames
The innovation could rather be the result of the willingness of power plants to take advantage of the negotiation to register black on white certain guarantees for the population frame. “It is not a matter of privileges but of provisions that would enable these employees to exercise their functions effectively,” explains Gérard Mardiné, the CFE-CGC. The unions are working on ethical issues (for example, a right alert for the reporting of decisions adverse to employees or to the company, a right of refusal/withdrawal for not having to engage in an illegal act, etc.).
They consider also need to address the workload. “It is necessary that the framework can request that its objectives will be reviewed for a mental workload that is acceptable, without this giving rise to sanctions”, illustrates Gérard Mardiné. The structuring of the remuneration, the assistance of the delegations of authority, working time control, etc, are part of the thematic on which the trade unions are working together.
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An orientation that is not at all to the liking of the Medef, who wants to stick to a negotiation on the elements constituting the employee framework, final point. “By inviting them into the discussion of these issues warranties new then that was not planned at all, the unions have sent us a Trojan horse,” says an observer internal to the movement by the employers.
Since the Medef, seems to be refractory to venture where the trade unions want to take him, at this stage, the chances of finding a common text appear to be weak. However, representativeness requires that the signature of this organization is necessary to achieve a national interprofessional agreement (ANI), that the government could resume in a law. Perhaps the positions of each other are eased a bit in the new year ?
If no agreement is reached, what will be the status quo. The frameworks will not be losers, nor winners.
