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Who should or should not have executive status? All the unions of employees publicly call Monday, November 5 the effective resumption of a negotiation on the question.
Once is not customary, all unions stand together on Monday, November 5 to demand the Medef, at a press conference, the effective resumption of negotiations on the status of executives. The deadline initially set for 31 December is indeed fast approaching and discussions between unions and employers' organizations are currently at a standstill.
The principle of this negotiation was recorded in 2015, when the decision was taken to dissolve the supplementary management scheme – the Agirc – in the complementary scheme for all employees of the private sector (Arrco). to be effective at 1st next January.
Supervisory functions have evolved
The Agirc convention – which defines the criteria for affiliation to this pension fund – is the first text, in 1947, to have delivered a definition of management, absent from the labor code. These included the criteria of initial training level, autonomy in work and level of responsibility. This definition was supplemented by an interprofessional agreement dating back to 1983.
"This agreement needs to be updated, pleads Gérard Mardiné, national secretary at the CFE-CGC. The management functions have evolved enormously in recent decades ". "Project mode", "matrix structure", the hierarchical levels within large organizations tend to flatten out, and more and more expert executives do not have a function … of supervision.
The purpose of the negotiation was therefore to draw up a new national inter-professional agreement, applicable to all, to define who should or should not benefit from the framework status, with particular attributes (different trial and notice periods). , access to the services of the Apec, separate section in the tribunal labor'homale, or specific contribution of 1.5% to the employer). "We do not necessarily want to expand the current notion of management but at least keep it in the current perimeter", says Gérard Mardiné.
Framework, a threatened status
New rights in question
For its part, the Medef dragged its feet. In March this year, the employers' organization informed the unions that it preferred to leave it up to the branches, and even to the companies themselves, to define who should or should not fall within the framework status, considering, in line with the ordinances on the work, that standards should henceforth be developed closer to the field.
"Medef does not want this negotiation to be an opportunity to create new rights", advance also Gérard Mardiné. Some unions like the CGT propose that a real right of disconnection for executives or the right to refuse to apply unethical directives be created.
After a final postponement of the multilateral negotiations last September, the Medef has met the unions one by one in the last two weeks. "We are continuing discussions on this subject, is badured at Medef. And a negotiation meeting is being set up in November ".
Emmanuelle Réju
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