On April 14, the Constitutional Council validated the pension reform adopted by the National Assembly through article 49-3. Normally provided for in this context, six measures for the employment of seniors were finally censored on the pretext that they had “no effect or a too indirect effect on the receipts of the compulsory basic schemes or bodies contributing to their financing”. In this way, the Constitutional Council wished to show its disapproval of the presence of such measures in a Social Security financing bill. What will ultimately become of these measures in the future?
While the Constitutional Council has just censored six measures devoted to the employment of seniors, these proposals may soon experience a second life. Initially, the CDI seniors had been added to the bill by LR senators in order to allow trade unions and employers’ organizations to negotiate and define measures to promote the reintegration of seniors in long-term unemployment. If it had been validated, this contract would have been aimed at jobseekers aged at least 60 and it would have allowed companies to benefit from an exemption from family contributions for one year.
At the same time, the creation of a senior index was also censored. The latter had been envisaged by the government in order to control the employment of the oldest employees. Following the model of the index of professional equality between men and women, the objective was to impose on companies with more than 300 employees an annual publication of the score obtained in terms of maintaining the employment of seniors. A financial penalty was also provided for in the event of non-compliance.
Considered as “social riders” by the Constitutional Council in its decision, these measures could however be reintroduced in another piece of legislation. Indeed, the Ministry of Labor told our colleagues at Capital that “other legislative vehicles [were] possible”. The establishment of the CDI and the senior index could therefore come back to the fore in the near future.
However, as announced by the Ministry of Labor, another step will be necessary before its reintroduction into a text of law. Olivier Dussopt’s cabinet nevertheless indicated that “the employment of seniors [remained] a priority” and that it would “continue [the] discussions with the social partners on these points”.
During a recent meeting with employers at the Elysée Palace, Emmanuel Macron explained that these measures would be integrated into the heart of a more comprehensive reform of working life. In an interview with Le Parisien, he notably mentioned his wish to define “a negotiating agenda” by the summer in order to be able to discuss until the end of the year.
According to these declarations, the measures cannot be added to the “full employment” law, which must be presented in the coming weeks to the Council of Ministers. It will therefore be necessary to wait for a new text of law, following the discussions established between the social partners during the coming year.
