Contract new hires is poised to blow its first candle

Contract new hires is poised to blow its first candle. Indefinite contract accompanied by a form of trial period of two years during which the failure by the employer did not need to be motivated in fact entered into force on August 4, 2005 It was the day after the publication of the orders implementing the first plan for the employment of Dominique de Villepin. Since then, the head of Government has had a few setbacks since he was forced to renounce the declination of this contract for young people, the first contract hires, withdrawn after have given rise to a wave of social protest unprecedented. But even if the leaders of the CGT and the CFDT have called in the wake "to skin the CNE", the latter, accessible to all companies of less than 20 employees, has not been openly threatened.

Impact relativized

The premier rate, therefore, not an opportunity to the wave in banner of the "battle for employment", saw a major explanation for the decline in unemployment including the rate rose from 9.9 in August 2005 to 9. "More than 550,000 contracts have already been signed", still welcomed Dominique de Villepin, Monday. This is the number of intentions of hirings identified in 11 months by the Central Agency for social security organizations.

The figure is shock. But it must be interpreted with caution. Indeed, it does nothing that these contracts continues even today. Made public in mid-June, the only official study so far, that has been developed jointly by Acoss and the Direction of the animation research of the Ministry of labour (Dares), shows that 30 of the CNE are broken by the employer or the employee in the six months after hiring, what is "clearly superior" to the situation of the Commission. In total, however specify the Dares and Acoss, "employers broke a little more than a CNE on ten (11.4), this is far from making a contract of extreme precariousness".

This inquiry conducted in late March to 3,000 entrepreneurs in less than 20 employees having hired in CNE, CSD or CDI relativizes the impact of the new contract of employment on the job. According to her, 70 of hires in CNE have occurred in any event within the same timeframe (for half in CSD, half contract) a contract while new hires in five to anticipate a recruitment. In the end, 10 of the jobs have not been created without the CNE, felt at the time the Dares and the Unedic, 44.000 net creations. A significant figure on the overall evolution of the labour market. The new contract is now installed in the landscape: the CNE rate appears to be stabilizing around 9 of the intentions of hiring of firms of less than 20 employees.

Legal uncertainty

The last quarterly barometer published by the fiduciary is much more optimistic since the survey by the FIFG to 1.002 enterprises of less than 20 employees assesses 126.000 the number of jobs created in eleven months from contract new hires, double the figure of the previous edition last March. The same study concluded that small businesses do not have "fear" of this contract despite the legal uncertainty that surrounds it. This last is real, as long as the case law is not established in particular on the absence of obligation to give reasons for breach of contract. The first judgments on appeal is expected to fall by the end of the year.