Employers' and union organizations signed, on January 11, a draft agreement on the modernization of the labour market. Presented as a French enforcement of the EU's flexicurity system, this agreement is mostly a first step towards the deepening of approaches for the "portability of rights" anticipation or even employability. One of the only concrete measures - the negotiated breach of employment contract, which employers thins enables to improve the security level when this contract is broken - is the measure of the flexibilization of the labour code that is put forward the most. (Ref. 080030)
The breach of employment contract and the judge. For employers, modernizing the labour market almost exclusively went through securing breaches of contract. The notion of “separability”, cherished by Laurence Parisot, chair of the Medef (the main employers’ association), is characterized by the creation of a “conventional breach” which, in reality, provides a legal basis for a practice of negotiated breach, widespread in companies. This negotiated breach is presented as legally safer than its b
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