Lately the football clubs of Strasbourg and Grenoble have resorted to economic dismissal. This article is therefore the opportunity to reconsider the contract of professional security procedure, created by the Act No. 2011-893 July 28, 2011aimed at workers whose economic dismissal is contemplated.
"This contract, for a maximum duration of 12 months, a"for object the Organization and conduct of a route back to employment, if necessary by means of a conversion or a creation or resumption of business". During the term of this contract, the holder of the CSP receives a "specific professional security allowance" (ASP) equal to 80% of the daily wage of reference for employees for one year of seniority in the company.
"The code replaces the"Upgrading custom Convention".
The proposal by the employer (article L.1233-66 of the Labour Code)...
Each employee to benefit from the CSP must be informed by his employer, individually and in writing, of the contents of the CSP and the opportunity to benefit from.
To do this, the employer must remit to the employee, against receipt, a document written information on the CSP. This delivery must take place during the preliminary interview to termination.
The document is provided by the employer to the employee bears mention:
- the date of delivery of the document run time of reflection;
- the 21 days deadline the employee to give its response.
- the date from which, upon acceptance of the CPSC, his employment contract is broken.
The response of the employee...
The employee has a 21-day response time to accept or refuse to subscribe to the code. This time limit runs from the date of delivery, by the employer, the information on the CSP document.
In all cases, the failure to respond within the prescribed period is deemed to be a refusal of the contract of professional security.
During this period of reflection, the employee receives a maintenance information directed by Pole employment, to enlighten him in his choice.
When the date scheduled for the sending of the letter of dismissal)articles L.1233-15 and L.1233-39 of the Labour Code), the reflection period available to the employee to make known its response to the CSP proposal has not expired, the employer address him a registered letter with request for acknowledgement of receipt:
- He Recalling the date of expiry of the period of reflection:
- and stating that in the event of refusal to accept a contract of professional security, this registered letter will be the notification of his dismissal.
The acceptance of the code by the employee...
Employee's apparent willingness to benefit from the CSP to the employer bulletin of acceptance duly completed and signed.
The refusal to join the CSP or lack of response...
For express refusal of the employee to adhere to the code, or in the absence of response at the end of the reflection period, the procedure of dismissal follows its normal course.
Consequences of accession to the CSP on the contract of employment and compensation due to an employee...
The contract of employment of an employee having accepted a CSP is broken because of the common agreement of the parties. The rupture takes effect upon the expiry of the reflection period.
"The breach"does neither notice nor compensatory allowance for notice".
It opens right (article L.1233-67 of the Labour Code):
- "the legal dismissal compensation (article L.1234-9 of the Labour Code) and"to any conventional compensation which would be due in cases of dismissal on economic grounds at the end of the notice" ;
- "and"where appropriate, the balance of what would have been the compensatory allowance of notice for termination". "Social and tax regimes applicable to this balance are those applicable to countervailing benefits notice".
Challenge (article L.1233-67 of the Labour Code)...
"Any dispute relating to the breach of the contract of employment or his motive is prescribed after twelve months of membership in the CSP. This delay is opposable to an employee if it was made mention in the proposal"of CSP."