CDI with particularly heavy financial consequences

Tens of thousands of non-full time jobs may not be object of a contract of employment to lawful indeterminate. What is the legal obstacle The legal constraints of the "classical" part-time with its distribution of the length of the working week or the month may not be met. Otherwise, use modulated on the year part-time or intermittent contract remains conditioned to an agreement or a collective agreement extended, very rare company to this day. And the employers who, in good faith, decide to rely on a succession of CSD may sometimes see judges say this unlawful situation and the requalifying in... CDI, with particularly heavy financial consequences. Grotesque!

Empty legal despite the overflow of texts (and 27 types of labour contracts!), uncertainty for businesses, brake job... a summary of the French exception. In this context, any advance, even modest, deserves his little hat help. Then, welcome the breakthrough of the intermittent employment contract, contract of indeterminate duration allowing, for the only "permanent jobs... which by their nature involve alternating periods worked and not worked" and provided they guarantee "a minimum annual period of work", a less rigid management of jobs in the time. Indeed, confined so far mainly to language schools trainers and pollsters investigators, intermittency becomes now possible in other areas.

Teachers in private schools have since little access, very recent research program Act and to the adoption of an amendment to a member of Parliament sensitized paid taunts from the ESSEC business school and other schools of commerce. Will come soon, once extended by ministerial order the national collective of sport, a large number of jobs which mentioned tennis educator's sector with more than 30,000 employers. Follow the animators of sale depending on the providers of tertiary industry, there still after extension of an agreement concluded recently. But the intermittent, although it brings a solution to improper legal problems and promotes the creation of jobs in the Commission, creates mistrust, even hostility, many trade union officials. Many consider that this formula is in itself the risk of drift: instability permanent scheduling, burst of posts which have vocation to be full time precarious indeterminate... This is why the unions are opposed to any project to blow up the legal "lock" of the company or the extended collective agreement agreement and allowing direct access to the intermittent contract.

The employers would be mistaken to engage an arm of the railway on this issue of direct access to this device. First, because it is the whole of the status of intermittency, rather approximate and flawed, should review. The management of intermittent contract is indeed sensitive, especially when the employee takes another job, and can sometimes too easily expose a company to convictions to wages recalls, even in a requalification in contract full-time. Then, and especially, because, beyond the intermittent, the real debate useful to develop employment and promote the insertion in the market of work should focus on relaxing and the simplification of the rules relating to all forms of part-time work in SMEs and pluriactivity. Able to the social partners, at the time where they want to discuss without taboos of the employment contract, to take quickly.