The crisis is an opportunity for some companies to challenge, to innovate, to review their industrial or commercial policy and even social. Employers can find the rules of employment law solutions to cope with the crisis. Traditionally, in times of crisis, hello often requires measures of partial unemployment or redundancies.
However, using partial unemployment is seen by employees as the antechamber of a future redundancy. As for the dismissal, it is costly and sometimes causes the company to part with skills they may need during the crisis.
Between redundancy and partial unemployment, there is room for more creative solutions: the loan of labor may be one.
First, it should be recalled what any prohibited transaction for profit:
- for the supply of labor has the effect of causing injury to the employee it concerns or evading the legal provisions or stipulations of an agreement or a collective labor agreement, This operation is called "bargaining" (Article L.8231-1 of the Labour Code).
- whose sole purpose is the loan of labor, since it is not made within the framework of the provisions relating to temporary workers (Article L.8241-1 of the Labour Code);
On the other hand, are devoid of legal operations for profit. The lending company must be content to bill the user enterprise wages and payroll taxes and business expenses reimbursed to the employee.
A national agreement on urgent measures to promote employment in the metal was entered May 7, 2009. This agreement includes the use of ready manpower nonprofit. This Agreement shall benefit employees on loan guarantees (consultation of employee representatives, no barrier to career advancement and pay, etc. ...).
In the absence of such agreement in its industry, it is possible to organize the provision of personnel with the agreement of the employees concerned and after having concluded an addendum to the contract and an agreement for provision with the user.
nevertheless remains to find the right partner to host the employees and convince them that the form of the loan for labor may be an operational solution to the crisis and avoid job cuts.
Herve Roche, Attorney
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