Economic hardship loss of competitiveness

Forty-two thousand two hundred two. This is the number of plans for safeguarding of employment (PSE) identified by the Ministry of labour in 2009. A record number, which far exceeds the social plans 1,500 implemented in 2003, yet a year black. Economic hardship, loss of competitiveness... in such a climate of crisis, zero is more the question: when a company terminates, it is because she cannot do otherwise.

Yet, the social partners sometimes have the impression that all avenues have not been explored: "leaders are struggling to get out of the dogma of the reduction of the payroll, said Pascal Pavageau, Confederal Secretary FO. And Martin Richer, Director General of the cabinet of expertise Secafi, specialized in the Council to works councils, their decisions are too often made in the Emergency Department.

But social plans were of gold. Let's start with their cost. "If it is to calculate the cost accumulated thousands of social plans successive last two decades, it would realize the huge economic waste they generated", said Xavier de Yturbe. For orchestrating a decade of PES, this former HRD, became consultant, knows the price. Various figures circulate: the HRD evoke 30,000 euros by licensed employee. "But the costs vary greatly depending on the size, health, skills and the ability of business financing," said Claude Fabre, researcher at the Centre for research in management of organizations (Cregor). And most importantly, "direct costs represent only the tip part of the iceberg", said Xavier de Yturbe. Loss of skills, demobilization of the employees, deteriorating social climate, degradation of the image are hidden costs. And sometimes lasting. "In 2004, the companies had an evil madman to find the skills they had let go during the crisis of 2003", said Bernard Van Craeynest, President of the CFE - CGC.

Of the pitfalls in addition to a legal dimension: "There is increased risk of litigation, the collaborators with several months to challenge their dismissal," assures Me Emmanuelle clamp-Domont, counsel, Jones Day. Last spring, the manufacturer of pens Reynolds and was ordered to pay between 6 and 12 months of salary in damages and interest to each employee laid off its plant in Valencia. More than a hundred of them had acted to justice after the announcement by the Group of 250 redundancies in 2007.

"The procedure is heavy."

Now, alongside policies and public opinion, justice to invite very early in the debate, sometimes pushing employers to review their copy. Evidenced by the case of Philips, in Dreux, the social plan was temporarily suspended by the judges of the tribunal of Chartres. "The procedure is cumbersome and often much longer than expected," summarizes Emmanuelle clamp-Domont.

Exhausted by months of economic turmoil, leaders and the social partners do not have force, the means or the opportunity, especially when it comes to subsidiaries of foreign groups, to explore alternative avenues. "Human resources management has the PSE for years, considers Félix, engineer in an industrial group. "As our unions, they are even more punishment to defend employment and they have become used to negotiate severance benefits". Félix fears that his employer separates from the team of 30 engineers it was formed, five years for a project soon due. "In view of their qualification and experience, the company has no interest to see them go." But the group is so segregated that seems impossible to organize their mobility.

However, even in times of crisis, alternatives exist. Of course, they do not save all jobs threatened, but they place employees in a perspective for the future. A condition, however, to devote time, and that a dialogue be established. "Constructive solutions can assist employees, the social partners, experts, or even the administration," said Pascal Pavageau, in FO.

Thus, last year, Secafi went to the bedside of Cepam. In 2008, this SME of 130 people, specialized in decorative sheathing, should close its doors. With the help of local authorities, banks and the regional Union of cooperative societies production, 62 employees have gathered 350 000 euros and resumed Cepam in SCOP. Today, the SME carries out 10 million of turnover and has 84 employees.

Another area, another remedy. At Nantes, the plant Béghin-Say, that produced 130,000 tonnes of sugar a year, was heavily deficit. Last year, its parent, Téréos, considered close this site. 170 jobs were threatened. By studying its production, the social partners and their expert (Secafi) realized that refining was certainly more profitable, but that the packaging of sugar had prospects of growth. Téréos played the game, kept this historic site and saved 100 jobs in refocusing its activities.

Loan of labour

For its part, Renault did not lose the strategic activity of the foundries of Brittany (ex-SBFM), a subcontractor shaken by the crisis. Outsourced ten years ago to generate the cash, the Breton SMEs has become a subsidiary of the constructor which, with 6 million euros of aid from public authorities, has invested 15 million euros and preserved 400 jobs on 550.

Among the alternatives to partial unemployment, other employers attempted the loan of labour. At Grenoble, on the pole Minalogic, 7 companies and 3 research centres exchanged, in April 2009, 52 employees for a period of eighteen months. A way to make the large back during the crisis without losing its key skills.

Of alternative avenues to the PSE but not only. Because Martin Richer, "social plans represent 15 to 20 of the redundancies in France." "And, between the resignations and conventional failures, there are a lot of silent restructuring".