In 2012, the Strasbourg and Grenoble football clubs resorted to redundancies. This article is therefore an opportunity to come back to the procedure of the professional security contract, created by law n ° 2011-893 of July 28, 2011, which is aimed at employees whose redundancy is envisaged.
The duration of the professional security contract (CSP)
This contract, for a maximum period of 12 months, has "for the purpose of organizing and running a back-to-work path, where applicable by retraining or creating or taking over a business". During the term of this contract, the holder of the CSP receives a" specific professional security allowance "(ASP) equal to 80% of the daily reference salary for employees with one year of seniority in the company.
Le CSP replaces "Personalized Reclassification Agreement".
The employer's proposal (article L.1233-66 of the Labor Code)
Each employee likely to benefit from the CSP must be informed by his employer, individually and in writing, of the content of the CSP and of the possibility he has to benefit from it.
For this, the employer must give the employee, against receipt, a written information document on the CSP. This discount must take place during the interview prior to dismissal.
The document given by the employer to the employee mentions:
- the date of delivery of the document giving rise to the cooling-off period;
- the 21-day deadline for the employee to respond;
- from the date from which, in the event of acceptance of the CSP, his employment contract is terminated.
The employee's response
The employee has a response period of 21 days to accept or refuse to subscribe to the CSP. This period starts from the date on which the employer submits the information document on the CSP.
In all cases, the lack of response within the time limit is assimilated to a refusal of the professional security contract.
During this period of reflection, the employee benefits from an information interview carried out by Pôle Emploi, intended to enlighten him in his choice.
When on the date scheduled for sending the dismissal letter (Articles L.1233-15 and 1233-L.39 the Labour Code), the reflection period available to the employee to make his response to the CSP proposal known has not expired, the employer sends him a registered letter with acknowledgment of receipt:
- reminding him of the expiry date of the cooling-off period:
- and specifying that in the event of refusal to take out a professional security contract, this registered letter will constitute the notification of his dismissal.
Acceptance of the CSP by the employee
The employee expresses his desire to benefit from the CSP by giving the employer the duly completed and signed acceptance form.
The refusal to join the CSP or the lack of response
In the event of the employee's express refusal to join the CSP, or in the absence of a response after the reflection period, the dismissal procedure follows its normal course.
Consequences of joining the CSP on the employment contract and compensation due to the employee
The employment contract of an employee who has accepted a CSP is terminated by mutual agreement of the parties. The termination takes effect at the end of the cooling-off period.
This rupture "does not include notice or compensation in lieu of notice".
It opens right (Article L.1233-67 of the Labour Code):
- to the legal compensation for dismissal (article L.1234-9 of the Labor Code) and "any contractual compensation that would have been due in the event of dismissal for economic reasons at the end of the notice period";
- and, "if applicable, the balance of what would have been the compensation in lieu of notice in the event of dismissal"."The social and tax regimes applicable to this balance are those applicable to compensatory indemnities for notice.".
Challenge (article L.1233-67 of the Labor Code)
"Any dispute relating to the termination of the employment contract or its reason is prescribed by twelve months from the date of joining the CSP. This period is only enforceable against the employee if it has been mentioned in the proposal."CSP.
