Towards a greater number of days of leave decided by the employer

For the umpteenth time since the start of the crisis, the labor code will undergo temporary adjustments in order to give more freedom to employers. The government wishes, in fact, to extend, or even strengthen, certain exemptions put in place in 2020 to face the recession triggered by the Covid-19 epidemic. One of them would temporarily allow the bosses to choose the date “Take” paid leave for their employees over a greater number of days: up to eight, against six (in the exceptional measures adopted in 2020), provided that a branch or company agreement has been concluded. This track was mentioned, Monday April 12, by the Minister of Labor, Elisabeth Borne, during a videoconference meeting with the social partners.

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Other provisions, also intended to apply only for a certain period of time, are being considered. Thus, the derogatory rules introduced in 2020 for fixed-term contracts and for interim assignments would be maintained beyond June 30, when they were to cease to produce their effects at that time. The exceptions in question relate, in particular, to the maximum number of contract renewals, which may be temporarily defined in a collective agreement.

Likewise, the facilities provisionally introduced on the loan of labor between two companies would be renewed after June 30. Until when ? “It remains to be determined”, one indicates to the Ministry of Labor, specifying that the subject will be discussed with the social partners. In the entourage of Mme Borne, it is emphasized that such “Relaxations” of labor law aim to ” to accompany ” the gradual return to normal functioning of the economy.


The government’s intentions are, unsurprisingly, freshly received by the unions. “All these transitional measures must not last after the crisis”, warns Eric Courpotin, confederal secretary of the CFTC. “We were against the adaptations to the labor code which had been decided on last year. Our position will be the same if similar arbitrations are made today ”, launches, more clearly, Nathalie Verdeil, Confederal Secretary of the CGT.

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“I do not see the usefulness of this activism in favor of employers”, continues Yves Veyrier. For the leader of Force Ouvrière, the provision on paid vacation will particularly affect people who have been on short-time working for a long time and who have, as a result, accumulated a large remainder of vacation days (which they had not been able to ” consume ”during their period of inactivity). This concerns in particular workers employed in tourism and the hotel and catering industry. Companies in these sectors will probably want to impose rest dates on their teams (within the limit of eight days) in order to have the manpower they need, in July and August in particular. However, underlines Mr. Veyrier, it must be seen that the employees we are talking about did not come out of the current period unscathed, between “Stress” that they lived and the “Loss of earnings linked to partial unemployment”.

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