Seized with a claim from the LO union, the ILO - International Labour Office - judged, in a report published on November 14, 2007, that the provisions of the ordinance 2005-883 of the French government introducing the contract for new employment (CNE) did not respect Convention 158 on termination of employment : the two-year period during which the contract can be terminated with no reason is not reasonable and the lack of a valid reason is contrary to international standards. (Ref. 070940)
Two-year exclusion from common dismissal law is not reasonable. The CNE’s very principle is to not apply common dismissal law to people employed with this contract for a two-year period, called the “period for employment consolidation” which “enables employers to measure the economic viability and development prospects of their enterprise”. The ILO’s Convention No. 158 indeed allows a few temporary derogations from dismissal law provided, notably, that this exclusion period should be of reasonable duration (a qualifying period in the job can be required to get protection).
Do you have information to share with us?