The law brought by Muriel Pénicaud has been adopted Wednesday the 1st of August. A text intended to better support the career of the assets.
A year after the orders, the reform of the labour code, a second text, this time more for the assets (employees, job seekers, young people, and also independent) comes to be voted out. Meps have formally adopted Wednesday the 1st of August, just before the close of the parliamentary session, the law “for the freedom to choose his or her professional future”. The purpose of the text carried by Muriel Pénicaud : “secure the people and their history”, after you have simplified the code to work. In the clear, give them ways to cope with the rigours of professional life often less than linear.
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in Addition to the announced reform of the unemployment insurance to which the social partners will be called upon to negotiate, this law introduced widespread changes in the area of learning and vocational training. Here are the main measures.
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The personal account of training credited in euros
as of January 1, 2019, the personal account of formation (CPF) will not be credited hours of training, but in euros.
This device is dedicated to each asset are from January 1, 2015. It allows everyone to be trained in maintaining its rights to the training regardless of its trajectory, and in particular if it is carried out by the unemployed. But the figures prove it : the device has not taken. If five million people have already activated their account, only 270 000 employees have received training in drawing in their quota of hours. Not rejoice… To give a spotlight and encouraging people to use it, he is betting on the transformation of the account in euro and not in time. Hours already accumulated will be converted in euros. The conversion rate should be 14,28 euros per hour, what some observers deem to be insufficient compared to the current rate of support average per employee, which amounts to 41 euros.
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Each year, an employee will receive 500 euros for training, with a ceiling of 5,000 euros. The people least qualified to benefit, they, of 800 euros per year with a maximum of 8 000 euros. Employees part-time, 80% of women will receive the same allocation as the full-time and one of the disabled worker will be increased.
“It is certain that with 500 euros you don’t buy a training for change of profession, defends the department. But it doesn’t change orientation every year. With 5 000 euros, it is possible to aim for a CAP or a even a BAC pro.” Remains to know what training assets plébisciteront. For the moment, the CPF is mainly used for short-term training and sanctioned certifying English or office.
An app to buy training
The other major change promised by the government, with the active, it is a better grip of their training course. The law sets the implementation for the fall of 2019, a smartphone app, a kind of “Tripadvisor for training” – in the words of Muriel Pénicaud, on which everyone will be able to learn about the training (insertion rate, dates, prices, etc.) and, above all, to pay directly the one that holds his attention.
To facilitate the conversion that require longer training sessions, there was the CIF individual training leave, which allowed to form until one year full-time in maintaining his position (or equivalent) and a part of his salary. Now Place the ” CPF ” of transition. The validation of the project by a joint commission will also be necessary.
financing reviewed
around this new system that lets more of the hand to the employee, the government has decided to review the governance of the training system. A regulatory agency called France expertise will be charged with regulating the practices – avoid, for example, that some organizations do offer training for the inflated price. The future director-general of the organization will be auditioned by the Parliament, at his arrival and during his term of office. Also in France skills to ensure that all organisations providing training are well certified so that they are of quality.
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The act also reviews the financial approaches. The twenty organizations joint collectors agréés (OPCA) does not gather the higher the relative contribution to the vocational training paid by the companies. This will be at the Urssaf of charge from 2021 to collect the new unique contribution in bringing together training and learning. The Caisse des dépôts will be responsible for managing funds related to CPF.
The OPCA, the number of which will be restricted according to a logic of sector, will become the operators skills (OPCO). Their role will be to reflect on the emergence of new professions and skills, and assist very small enterprises (VSE-SMES in the implementation of their training plan. It will also be in charge of the management of learning.
The learning revolution
Even if the government has placed much emphasis on the monetary system of the CPF, the pane presented as the most “revolutionary” by the ministry of Labour is thelearning.
It provides want to mark a true transformation. No question of setting numerical targets on the number of apprentices expected in the coming years as previous governments have done, without success. “It’s a gamble, admits it. See you in a few years to see the effects,” promises the entourage of Muriel Pénicaud. The overall philosophy: to make learning a pedagogy of “alternative” and not a “sidetrack” on the margins of conventional supply chains. By developing massively this option for most young people, the government hoped to act on the level of unemployment, which particularly affects this population group.
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To achieve this, the act intends to simplify the conditions for opening training centres for apprentices (CFA). Most require permission from regional administration to start a CFA, only the filing of a declaration of activity to the prefecture and obtaining a certification will be required as early as 2020.
Other novelty of size: the funding of the CFA will be made to the contract, that is to say, depending on the number of apprentices trained and the contracts signed. The amount will be fixed later by decree. The businesses and young people, in alternation, will become the first “customers” within CFA in order that the offer of training to be more in line with their needs.
Previously, the regions collected 51% of the apprenticeship tax, they are now a small part of the cake. Their place in the scheme has been the subject of heated debate. The senators have attempted, by amendment, re-introduce devices giving more place to the regions, but in vain, since it is the national Assembly which has the last word on the text.
aid to businesses (three in number today) will be merged into one, more specifically targeted for businesses with fewer than 250 employees. The entire device must be on foot to the January 1, 2020.
many changes are also foreseen for the apprentices themselves. New hires may take place at any time of the year and not just based on the school calendar. The age limit to become an apprentice is postponed from 25 to 29 years of age. Enough to allow some of the vocations that are late to materialize.
Their compensation will also increase very slightly in this age group, to achieve the legal Minimum wage. Young people 16 to 20 years old will win, them, 30 euros more. The rules around working time will be relaxed in certain sectors defined by decree in order that the apprentices work for up to 40 hours per week. The learning contract may also be conducted in part overseas, paving the way for a kind of Erasmus for apprentices. Finally, using the driving licence of 500 euros will be awarded as early as 2019.
Towards a reform of the unemployment insurance
The law professional future also turned to the unemployment insurance. In addition to the opening of the right to compensation, subject to conditions, for the resigning and the creation of a lump-sum of 800 euros for six months for the self-employed in winding up by the court, the text lays down the conditions of a future negotiation of the compensation rules for job seekers. The latter will receive an orientation letter from the government, fixing the themes imposed, and will have four months to try to agree.
Among the topics of discussion included the implementation of a bonus-malus for companies who are abusing short-term contracts, new provisions for the cumulation allowance-salary or even the possibility of seeing “the relationship between insurance and solidarity, as the case may be, by the creation of an allocation of long-term unemployment”. If the law does not slice anything for the moment it carries in it the germs of a total change of nature of the compensation conditions of the job seekers.
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These same job seekers including the “rights and duties” are also reviewed. The law provides that “an offer of reasonable employment”, as an unemployed person can refuse it once, will be defined with the advisor Pole employment. Finally, the scale of the penalties imposed by the job center for the unemployed who do not go to convocations or who do not seek work is changed, but the details will be known later through a decree. The notion of “abandonment” of a share of formation as a ground of punishment made its entry into the texts. Finally, Pôle emploi gets the possibility of applying financial penalties to the job seekers. Up to now, it is the prefect who decides.
Disability, equality in the workplace and work detached from the menu
The law future professional also includes several articles on the obligation of employment of disabled employees, for which the rate will be revised every five years.
This text also sets out the principle of obligation of results in terms of equal pay between men and women with the implementation of a software allowing to measure the pay gap in companies with more than 50 employees.
The rules around work on secondment will be relaxed for certain professions (entertainment, sport…) but in the case of proven fraud, the sanctions, particularly the financial ones are strengthened.
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Finally, the ability of platforms like Uber and Deliveroo to sign a charter (optional) bearing on the working conditions of couriers and drivers is also included in this text.