Contrat nouvelle embauche

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The Contrat nouvelle embauche , abbreviated to CNE , or contract for new employees , was introduced as an instrument of labor market policy by the conservative Prime Minister Dominique de Villepin in August 2005 by means of an urgent ordinance . Together with the Contrat première embauche (CPE), the CNE was passed in a legislative package called Loi pour l'égalité des chances (French law for equal opportunities ) and was intended to implement the flexicurity concept of the European Union. There were violent protests in France against both laws.

Design

In small companies with a maximum of 20 employees, the Contrat nouvelle embauche should give employers more flexibility and legal certainty when hiring new employees through a simplified termination procedure and a shorter period of action. It could be terminated by the employer by registered mail within the first two years without giving reasons, especially in the event of an economic crisis or negative economic outlook. The most important dismissal protection rules for personal or operational dismissal were not applicable for two years from the conclusion of the contract. The employee only had to be notified of the termination by registered mail.

Legal fate

In August 2005, several trade unions brought an action for annulment ( recours pour excès de pouvoir ) with the Conseil d'État, claiming that the regulation was null and void because it violated the International Labor Organization Convention and the European Social Charter . However, on October 19, 2005, the Conseil d'État established the legality of the regulation and its compatibility with international labor law.

As decisions of the Conseil d'État are not binding on the courts of ordinary jurisdiction, the judges of the Labor Court ( Conseil des Prud'hommes ) of Longjumeau declared in April 2006 in particular the two-year exclusion of protection against dismissal, taking into account the interests of employers and employees inappropriate. The decision was upheld by the Paris Court of Appeal and then the Cour de cassation .

The Commission of the International Labor Organization (ILO) also emphasized that the usual length of a probationary period should not be longer than 6 months.

As a result, the CNE employment contracts, which had been concluded before June 26, 2008, were converted into regular open-ended employment contracts by law. Employees who had been hired with a CNE could only be dismissed under consideration of the general dismissal regulations.

With the law to modernize the labor market , the CNE was abolished again.

Individual evidence

  1. ^ Nils Holger Bayer: The labor courts in France: (Labor law in France I) July 4, 2003
  2. ^ CPH Longjumeau, April 28, 2006, RG 06/00316
  3. ↑ CA Paris, 18th Chamber E, July 6, 2007, No. 06/06992, Proc. De la Rép. et a. c / De Wee, Jurisdata No. 2007- 336602
  4. ^ Cass. soc., July 1, 2008, No. 07-44.124, Bull. civ. V 2008, no.146
  5. ^ ILO Administrative Council, Report on the Decision on the 20th Question of the Agenda, GB. 300/20/6, 300th meeting, November 2007, p. 14, no. 72
  6. ↑ Émilie Schwan: La rupture conventionnelle: The termination of the employment relationship that requires approval under French law Cologne, Univ.-Diss. 2016, pp. 158 ff, 175
  7. ^ T. Grumbach, E. Serverin: La vie contentieuse du contrat nouvelles embauches après son abrogation . RDT, May 2011, p. 328