It is the New Republic of Vienna which echoed it yesterday, a wave of requests for conventional breaks at Gifi in Poitiers Sud. These files come from former Alinéa employees, the furniture and decoration store. They arrived at the office of the Direccte, the departmental work directorate of Vienne, which has already validated six. But who has received eleven more since. Eleven cases, two of which are still under investigation because they concern protected employees.
An individual procedure
The other nine were refused. The departmental director of labor Agnès Mottet explains. The conventional rupture is normally:
“an individual procedure which allows an employee and an employer to terminate an indefinite contract by mutual agreement”.
The device created in 2008 allows the employee to receive unemployment benefits if the latter has contributed sufficiently.
After discussions, the two parties draw up a document. They each have a period of fifteen days to possibly retract. The form is then teletransmitted to the Direccte for instruction. The services examine the terms of payment of allowances, verify leave entitlements, etc.
Nine files rejected
At the end, either they validate the document or they reject it. This is what happened in the case of Gifi files, the brand of low-cost items. And here too, the director of work refers to labor law: “In any case, a conventional rupture cannot be a diversion of the labor code and prevent the employee from benefiting from reclassification and from all the efforts that an employer must make when applying a collective procedure. “And Agnès Mottet recalls that when one wishes to set up or reorganize his company, it is sometimes necessary go through a collective dismissal.
“Depending on the size of the company, this requires the establishment of a job protection plan, a collective economic dismissal or even a collective termination of agreement”
In any case, these procedures impose efforts on the employer who must propose internal or external reclassifications, and / or finance training to allow employees to bounce back.
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