This is a new unpopular measure that will season negotiations with social partners at the beginning of the school year. The Ministry of Labor and Employment is considering reducing the limitation period to dispute an abusive dismissal. This is in any case that indicates an orientation document, consulted by BFM Business, “related to the modernization of the labor market and the quality of work.” The latter appeared in July at the CFDT and the CFTC, in addition to the work documents with the end of unemployment insurance negotiations.
In a section dedicated to “ensuring labor relations”, the cabinet of Minister Astrid Panosyan-Bouvet indicates that in France, “the prescription period for the termination of the employment contract remains much higher than European neighbors.” According to OECD data, the Ministry shows, for example, that the average duration in Europe to challenge a termination of the employment contract is 7 months, while it is a year in France.
In other words, it would be a matter of reducing the limitation period to 6, even 4 months, instead of 12 currently. Such a measure would thus protect employers who would have the greatest concern to do in case the industrial court for one of its former employees.
Non -economic dismissals have doubled in ten years
In fact, layoffs in the employer’s initiative, for personal reasons such as serious or heavy failures and the first CDD ruptures have been much more numerous than economic dismissals. And the gap has been dug for ten years.
In 2024, according to Dares, the statistical organization of the Ministry of Labor was identified, 889,772 layoffs for reasons other than economic reasons, therefore, for “personal” reasons. It is almost 11 times more than the number of economic dismissals, which was 81,921 that same year. Ten years before, France totaled more than half less non -economic dismissals: 383,190 identified in 2014, three times more than the number of economic dismissals that year (111,623).
Macron had already reduced the period to dispute a dismissal in 2017
However: the government will have difficulty convincing social partners to reduce the limitation period to confiscate the industrial court in case of abusive dismissal.
In September 2017, in fact, the famous “Macron Ordinances” had reduced the legal duration to challenge a dismissal to the industrial court from 2 years to 1 year. If interprofessional negotiation does not lead on the subject, then the government would be forced to carry out a bill, subject to the examination of deputies and senators to reduce the limitation period again. The distance of being won in the absence of a majority in the National Assembly.
Source: BFM TV
