OD FLASH | Employment of seniors: draft bill begins transposition of the ANI of November 14, 2024

Following on from the national multi-industry agreement (ANI) signed on November 14, 2024 by a majority of trade unions (CFDT, FO, CFTC, CFE-CGC) and employers’ organizations (Medef, CPME, U2P), a preliminary draft bill has been sent to the social partners and submitted to the Administrative Supreme Court (Conseil d’état). This text aims to transpose the measures of the ANI relating to the employment of experienced employees and the evolution of social dialogue.

Given that the employment rate of 60-64 year-olds in France is particularly low compared to the European average, the ANI has a dual objective: to keep older workers in employment under good conditions, and to help them return to work if they have been excluded.

The draft bill faithfully reproduces the stipulations of the ANI. In particular, it provides for the following measures:

• Mandatory negotiations on jobs for experienced employees

In the branches and, unless there is a method agreement setting the frequency at 4 years, every 3 years in companies with at least 300 employees, compulsory negotiations should include a new theme: “the employment and work of experienced employees” (notably art. L. 2241-1, L.2241-5 , L.2241-14-1, L.2241-14-2, L.2242-11 of the French Labour Code).  This negotiation, preceded by a diagnosis, will cover at least, except in the case of a method agreement, recruitment, job retention, end-of-career planning and knowledge transfer. Branches will be able to propose a standard action plan for companies with fewer than 300 employees, applicable unilaterally in the absence of an agreement, after consultation of the CSE.

A decree will specify “the information required for negotiation”.

• Reinforcing professional interviews

The preliminary draft also provides for the reinforcement of professional interviews to anticipate the end of a career. Two specific interviews are introduced:

• The first will take place in the year of the employee’s 45th birthday, within two months of the mid-career medical check-up. Any recommendations made by the company doctor will be discussed. It will also address the employee’s state of health, working conditions, training needs and prospects for career development or retraining.

• The second will take place in the two years preceding the employee’s 60th birthday, and will focus on the possibilities of remaining in employment, work arrangements, and the possible use of phased retirement.

These interviews will give rise to a written report on the employee’s health, skills, qualifications, training and wishes for mobility, which will also be forwarded to the occupational health and safety department.

• Creation of an “experience valorization contract”

One of the key measures is the creation, on an experimental basis for a period of five years, of a contract for the valorization of experience. This open-ended contract will be available to jobseekers aged 60 and over who are registered with France Travail, or aged 57 and over if provided for by an extended branch agreement. Individuals who have already received a retirement pension in their own right will not be eligible, except in certain cases. A document indicating the expected date for the liquidation of full-rate retirement rights must be provided to the employer. This contract will allow the employer to proceed with retirement as soon as that date is reached, without needing to wait until the individual turns 70. The compensation paid in this context will be exempt from the specific 30% employer contribution. However, any early termination of the contract will be considered a dismissal.

• End-of-career part-time work

The preliminary draft also introduces an end-of-career part-time scheme, implemented on the basis of a company or branch collective agreement. This scheme would enable employees to reduce their working hours, with income compensation financed, where applicable, by the retirement indemnity. The balance of this indemnity, if not used, will have to be paid to the employee, and the agreement will have to specify the terms of payment to the employee of any remaining indemnity at the time of retirement.

• Progressive early retirement

The right to opt for progressive early retirement has been extended to employees aged 60 and over, provided they have acquired 150 quarters of service. Refusal by the employer must be justified in writing, on the grounds of incompatibility with work organization or recruitment tensions. If no reply is received within two months, the request is deemed to have been accepted.

The package of measures contained in the bill reflects the government’s determination to boost the employability of older workers, while at the same time securing their careers at the end of their working lives. The bill is due to be presented to the Council of Ministers in the spring, with a view to legislative adoption before the summer of 2025.