Christian Vanneste - Deputy of the North

The Courage Of Common sense!

On the reclassifying of the wage earners abroad

By Christian Vanneste 17 f v on 2010 in Questions written to the Government

Mr Christian Vanneste alerts Mr Secretary of State loaded with job on the disconnectedness of legislation in labour law. According to the article L. 1233-4 of labour laws, a dismissal for economic motive of a wage earner can intervene only when all efforts of training and of adaptation were accomplished and that the reclassifying of the person concerned cannot be operated in the firm or in the firms of the group to which the firm belongs . Recently, a firm was condemned not to have offered for its wage earners a reclassifying in Romania, for a 110-euro wage a month. In another textile firm, a boss offered a reclassifying to his wage earners in India, for 69 euro a month. Without making oral proposal to his wage earners, this leader wrote a proposal in writing, as envisages him legislation. These two examples show that it is urgent to change the accused text, notably by adding to it a condition of " equivalent remuneration ". He wants to know his intentions in the field.
Answer of the Government:
It is necessary to remind that the employer must carry out faithfully his obligation of reclassifying and that offer must be written, definite, concrete and individual, that they concern jobs located on the national territory or out of this one. Moreover, if a proposal of reclassifying draws away a modification of contract of employment, the wage earner can refuse it and this refusal is never considered to be culprit. Nonetheless recent business showed practices where the good faith of firms, at the origin of some proposals, could be seriously called into question. To supervise the obligation of reclassifying, notably when it concerns offres the foreigner, a bill aiming at guaranteeing fair conditions of remuneration to the wage earners concerned by a procedure of reclassifying, was deposited to the National Assembly by MM. Sauvadet, Folliot and the members of the group New centre and related on May 13th, 2009. It was adopted by the National Assembly on June 30th, 2009 and transmitted to the Senate for examination in the same date. This bill aims at supplementing labour laws by envisaging that only reclassifyings with equivalent remuneration, since they concern jobs of the same category or equivalents, must be searched and offered to the wage earners. The obligation of reclassifying on a job of lower category, envisaged moreover in the article L. 1233-4 of labour laws, unchanged the residence. It institutes besides a mechanism of prior consultation of the wage earner on the conditions of its possible reclassifying in establishment of the firm or of the group located out of the national territory. On this occastion the wage earner has the possibility of introducing conditions in which he would be ready to accept offer of reclassifying, notably in remuneration and location. He will so be able to reduce the field of researches of the employer in reclassifying. This last will have to take into account restrictions decided by the wage earner and inform him, if necessary, about the absence of offer corresponding to those what he agreed to accept. Il pourra ainsi r duire le champ des recherches de l employeur en mati re de reclassement. Ce dernier devra tenir compte des restrictions d cid es par le salari et l informer, le cas ch ant, de l absence d offres correspondant celles qu il a accept de recevoir.

Question published to JO: 5/26/2009 page: 5064
Published answer to JO: 2/16/2010 page: On 1807
Date of change of attribution: 6/23/2009

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