2023-11-24 16:08:18
Within the Rennes Bouchers services group, specializing in the industrial cutting of meat, the stops rendered on September 13 by the Court of Cassation had the effect of a bombshell: contrary to what the legislation previously provided, employees can generate paid leave during a work stoppage due to illness or non-professional accident. A right provided for by a European directive of 2003 which France has never translated into national law. “I am outraged for the company and my employees,” says Anne-Sophie Robin, the boss of Bouchers services, which employs 2,000 employees and generates around €90 million in turnover.
For her, the new rules simply “jeopardize” her group. Main problem: retroactivity, because employees might go back as far as December 2009 to claim their leave. Unthinkable for Anne-Sophie Robin: “I am told that I have respected the law, but that in fact, it has changed and that I have to take unforeseen charges into account. Mind-blowing! » Especially since, according to her, just the last three years represent a bill of 500,000 euros for Bouchers services. “Where do I get them from?, asks the business manager. This represents one to three years less participation for employees. »
And for the future too, the framework which is now imposed represents charges which can hardly be passed on in the sales prices. Employee benefits might therefore take a hit. However, faced with recruitment difficulties, these “extra tips” often make it possible to attract and retain employees.
Employees better off on sick leave?
Beyond that, Anne-Sophie Robin evokes “a total questioning of the value of work”. Because, according to the Bouchers services law firm, an employee on leave will receive around 10% more than the others: “Over a year, an employee who works is paid for 10 and a half months plus a month and a half of paid leave. . In the event of termination, he will be compensated for 365 days by Social Security plus paid leave.
Like other employers, the manager is awaiting the government’s bill and its examination in Parliament in order to see how the case law of the Court of Cassation will be integrated into French law. On the employers’ side, Medef and the Confederation of Small and Medium Enterprises (CPME) are mobilizing to limit the impacts on companies which, according to Anne-Sophie Robin, should not be the only ones to pay: “It’s a subject of social protection, which therefore falls under national solidarity”.
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