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This agreement aims to establish several measures to protect the employment of these workers.
The provisions outlined in this agreement, most of which will only take effect after the adoption of an implementing law, are intended to promote the recruitment and retention of senior employees in the workforce.
- The establishment of a triennial obligation to negotiate senior employment
Under the agreement, three topics will become part of the core of mandatory negotiations :
- Recruitment of experienced employees
- Retention in employment and end-of-career arrangements
- Transfer of knowledge and skills from experiences employees.
Additionally, the agreement provides for seven optional topics for negotiations, including : skills development and access to training, the impact of technological and environmental transformation on jobs, mobilizable management practices, mechanisms for employee feedback on their tasks, occupational health and safety policies, work organization and conditions, and work relations.
- Creation of an “experience valorization contract”
Introduced as an experimental measure for a five-year period, the “experience valorization contract” is available to job seekers aged 60 and older, who are no longer registered with the employment center.
This indefinite-term contract would not be subject to the usual retirement provisions, with retirement occurring automatically once the employee reaches the legal retirement age and qualifies for a full pension.
Additionally, the employer would be exempt from paying the 30 % employer contribution on retirement indemnities.
This measure would also coincide with the elimination of the “senior fixed-term contract”.
- Combination of unemployment benefits and salary
If a senior employee accepts a job that results in a salary reduction exceeding 30 % compared to their previous employment, they would be able to combine their new salary with the unemployment benefits paid by the employment center.
However, the total income from this combination could not exceed the reference salary used to calculate their unemployment benefits.
- Reduction of employer contributions for unemployment insurance
This measure provides for a progressive reduction of employer unemployment insurance contributions, decreasing by one point per year from the employee’s 60th birthday onward.
In return, the employer must commit to retaining the employee until they reach the legal retirement age and qualify for a full pension. Failure to fulfill this obligation would require the employer to reimburse the savings on contributions, except in cases of gross misconduct, willful negligence, or economic redundancy.
- Support for employees approaching retirement
The agreement also introduces measures to support employees nearing retirement, including enhances mid-career interviews and the implementation of a new interview within two years before an employee turns 60. It also expands access to progressive early retirement.
More specifically, progressive early retirement becomes available at age 60 (instead of 62 as previously), even as the retirement age is being gradually raised to 64 under the 2023 reform.
While the agreement does not establish progressive early retirement as an enforceable right, it although requires employers to provide written justification for any refusal. Employers retain the right to reject progressive early retirement, even for eligible employees, but from now on, they must substantiate their decision in writing.
The agreement also clarifies permissible grounds for refusal, such as the incompatibility of part-time contracts with the company’s economic activity. Specific considerations include the impact of the switch to part-time contracts on business continuity or the affected service and recruitment pressures for the concerned positions.
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The implementing law is expected to be enacted in 2025. The agreement also creates a monitoring committee to ensure the faithful integration of its provisions into the legislative framework.