This is among the paradoxes generated by the well being disaster. In keeping with figures supplied by the Banque de France, between 2019 and 2020, the nation skilled a 30% drop in enterprise bankruptcies. The reason being apparent. The quite a few aids made obtainable by the State, whether or not assured loans, exemption from prices or partial unemployment, have made it attainable to maintain a big a part of French companies afloat, together with some whose financial mannequin was no more viable.
However this parenthesis shouldn’t be referred to as to proceed. Thus, in accordance with the insurer Euler Hermès, the variety of bankruptcies may attain 50,000 in 2021, that’s to say as a lot as in 2019, and 60,000 in 2022. Finally, 200,000 jobs can be threatened solely this 12 months, if we believes the figures of the French Observatory of Financial Conjunctures.
A European directive that will weaken staff
Suffice to say that the European directive of June 20, 2019, on “restructuring and insolvency”, which should be transposed into nationwide legislation earlier than the top of Could, comes at an inopportune second. The latter goals to make enterprise restructuring procedures, but in addition insolvency and debt forgiveness procedures extra environment friendly. The document, printed on the legislative website of the European Union, can also be clear on one level, “non-viable firms, with no prospect of survival, must be liquidated as rapidly as attainable”. And inside the framework of its hexagonal utility, a measure is particularly controversial.
Till now, within the case of a liquidation process, it’s the Affiliation for the Administration of the Worker Claims Assure Scheme (AGS), which is liable for paying their wages to staff when the corporate is missing, by making funds obtainable to brokers. As such, the AGS disbursed in 2019 practically 1.5 billion euros.
The group is initially financed in majority by a obligatory employer contribution paid by all firms. And for 25%, the AGS recovers its advances on the funds of the corporate as soon as it’s higher, or within the occasion of chapter, on the sale of its belongings. As a result of the group has what is named a “super-lien” within the order of collectors, permitting it to recuperate giant sums. Thus, within the hierarchy of organizations capable of recuperate funds from firms, the AGS comes simply behind the State, and forward of banks, insurance coverage firms, specialists, attorneys, mandated by the courts.
However with the transposition of the European directive, this “super-privilege” is ready to be significantly diminished, undermining the funds of the AGS, and finally, the cost of salaries to staff. In keeping with the commerce unions, the textual content of the Ministry of Justice would thus present that brokers corresponding to banks, insurance coverage firms, specialists or attorneys would henceforth have precedence within the order of brokers, relaying the AGS in the back of the pack.
Consequently, the group, which till now obtained 55% of the sums obtainable within the occasion of judicial liquidation due to its “super-privileged” scenario, would see its share drop to 11% with the reform, in accordance with a word from Rexecode, consulted by the Obs. An much more damaging scenario within the present context. The rise in bankruptcies introduced would outcome within the finances of the group a deficit of 500 million euros simply this 12 months, creating the chance of seeing staff disadvantaged of their wage.
Conscious of the fears generated by this reform, the federal government requested René Ricol, former funding commissioner, in March to provide a report on the topic. Delivered to Matignon on April 21, document first confirms the fears of the unions, indicating that with the present challenge, the rank of the AGS within the case of judicial liquidation proceedings can be effectively relayed behind that of judicial representatives, as had been denounced.
René Ricol additionally asks the federal government to “resume the present state of the legislation”, and subsequently to maintain the super-privileged standing of the AGS, with a view to assure the cost of salaries to the workers of an organization in obligatory liquidation.
A movement for a decision to perpetuate the AGS standing
Consistent with the conclusions of the report, Bruno Retailleau, the president of the Les Républicains group within the Senate, tabled on March 19 a motion for a resolution on the Palais du Luxembourg, which “invitations the federal government to reaffirm the elemental and immovable nature of the AGS surplus privilege.”
Taking over the fears expressed by commerce unions and employers’ organizations, the decision expresses concern within the explanatory memorandum of the “risk to downgrade this super-privilege from third to sixth rank within the order of collectors” with the chance of seeing, to time period, “that the workers of firms in chapter, or on the verge of chapter, can now not be paid”.
The proposal even intends to go additional, by proposing to broaden the function of AGS. The group may thus be referred to as upon to participate within the reclassification of staff whose jobs are threatened, with the “widening of the scope of intervention of the AGS to measures of reclassification of staff” in addition to to open ” the opening of particular safety to ensure the wages of self-employed staff exhausting hit by the disaster ”.
The movement for a decision, which goals to get the Senate to take a political place on a given topic, shall be mentioned Tuesday, Could four in a public session. The federal government, in a Press release, advised him that he ” finalize the preliminary draft ordinance with a view to its promulgation by the summer season on the idea of the report’s suggestions and provoke work on the avenues of reform proposed within the medium time period ».
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