Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Employment Policy Convention, 1964 (No. 122) - France (Ratification: 1971)

Article 1(1) and (2) of the Convention. Implementation of an active employment policy. The Committee notes the detailed information contained in the Government’s reports received in May and October 2010, in reply to its 2009 direct request. The Government indicates that, between October 2007 and March 2008, around 150,000 additional jobs were created in the competitive sector. At the end of 2009, the economic recovery was not visible in the unemployment rate, which stood at 10 per cent of the active population at that time. The main aims of the employment policy implemented for the period 2007–09 were to integrate as many people as possible into the labour market, promote close cooperation with the social partners and enhance job security. In view of the difficult economic climate and its consequences on employment, the Government indicates that it is continuing a programme of reforms for the years 2008–10 with the aim of promoting growth and employment in the context of the European Lisbon Strategy, while implementing an economic recovery plan. The Committee previously noted that, in November 2008, the Government established an economic recovery plan to tackle the crisis, which totalled 26 billion euros (€), including €14.9 billion allocated to supporting enterprises and employment. The plan aims to create a secure framework that acts as an incentive for jobseekers and encourages them to look for work more actively and tackle the major challenge of long-term unemployment. The Government also mentions other specific measures that have been implemented to combat the effects of the crisis, including the creation of the Social Investment Fund (FISO) designed to support workers and jobseekers exposed to the crisis; the temporary use of part-time work, particularly in the automotive sector; and the strengthening of the employment services through the establishment of Pôle Emploi. In July 2010, the Government provided a detailed assessment of the measures financed under the FISO, which have benefited nearly 2 million people. As a tool to support workers exposed to the crisis, nearly 400,000 workers have benefited from the part-time scheme, nearly 80,000 of whom have received training. As support for the retraining of workers made redundant, at the end of May 2010 around 115,000 persons had benefited from one of the two schemes designed to get them back into work quickly. Under the measures to provide compensation and support the purchasing power of jobseekers, a total of 47,708 allowances were granted between April 2009 and March 2010 to workers who had lost their jobs but were not eligible for unemployment benefit. The Government also mentions a new method of terminating an employment contract based on the mutual agreement of the employer and the employee, implemented by Act No. 2008-596 of 25 June 2008 modernizing the labour market. The Committee requests the Government to provide detailed information in its next report on the results of the various measures reforming the labour market and their impact on the employment situation. It also requests the Government to continue providing information on the progress made in implementing the measures to tackle the crisis, in terms of employee protection and improved access to the labour market for jobseekers.

Article 1(2). Youth employment. In its previous comments, the Committee requested the Government to provide information on the results achieved in terms of the creation of jobs for young persons. The Government indicates that, in the first quarter of 2010, of the 2.7 million persons who are unemployed (9.5 per cent of the active population), 634,000 persons, or 23 per cent, are aged between 15 and 24 years. To address this situation, the Government indicates that it has established a series of specific measures targeting young persons, particularly those without qualifications and those from sensitive areas. On 31 May 2009, 468,000 young persons had benefited from CIVIS, which target young persons without qualifications, of whom 176,000 have found long-term employment, 32,000 short-term employment and 31,000 have received training. As of 14 September 2009, 13,044 autonomy contracts had been signed under the Plan Banlieues, aimed at young persons under 26 years of age, which resulted in 1,026 positive outcomes, of which 75 per cent involved the young persons concerned finding long-term employment. The Government also indicates that, in the context of the emergency youth employment plan of 24 April 2009, it has been decided to implement a programme of additional training for young persons aged between 16 and 25 years who are finding it difficult to find a job. Among other measures, it is envisaged to provide 50,000 young persons with new and enhanced skills for accessing employment. The Committee also notes other measures in favour of the training of young persons financed by the recovery plan which are focused on the long‑term vocational and social integration of young persons who have left the education system without qualifications and without a job, namely “training support contracts” and “second chance schools” (E2C). Under the emergency youth employment plan, which provided for the creation of 7,200 places in E2Cs, 925 places had already been opened in May 2010. A total of 775,400 assisted contracts had been signed in the form of employment initiative contracts in the commercial sector and bridging contracts in the non-commercial sector. The Government indicates that the recovery plan also contributes to the “Action for Youth” plan (designed to reduce school drop-out rates and promote the vocational integration of young persons) by including a provision to increase the resources allocated to the contracts for integration into working life, which will assist 200,000 young persons in 2010. In this regard, the Committee refers to paragraphs 288 and 289 of its General Survey of 2010 concerning employment instruments, which refer to the employment situation of young persons in France. The Committee also expressed its concern at the very high unemployment rate among graduate jobseekers, particularly among young university graduates, who are unable to find employment commensurate with their skill level. This problem affects both developing and industrialized countries, where the skills of these young graduates are underutilized and they find themselves accepting casual jobs. This situation can prove detrimental to their career progression. The Committee therefore encourages governments to develop job creation and career guidance policies targeted at this new category of graduate workers (see General Survey, op. cit., paragraph 800). The Committee requests the Government to provide detailed information on the efforts made to improve the youth employment situation. It would like to be able to examine elements in the Government’s next report which allow it to assess the effectiveness of the various measures implemented to promote the long-term integration of young persons into the labour market.

Older workers. In its previous comments, the Committee requested the Government to provide up-to-date information on the impact of the measures intended to increase the employment rate of older workers. The Committee notes the indications that, in 2008, 56 per cent of persons aged between 50 and 64 years were active. Although unemployment affects young persons more than older workers, the latter struggle to find a route out of unemployment, particularly men, and, in 2008, 60 per cent of unemployed men aged between 50 and 64 years had been unemployed for more than one year, compared to 38 per cent of those aged between 30 and 49 years. The Government mentions a number of measures in favour of older workers, such as special allowances which guarantee a replacement income for older workers who lose their jobs and whose employment prospects are limited, until they are able to claim their pension rights. The Government also indicates that enterprises with up to 50 employees are required to conclude an agreement or establish a unilateral action plan in favour of the employment of older workers before 1 January 2010, failing which they will incur a financial penalty equivalent to 1 per cent of their total wage bill. The Government indicates that enterprises with 51–300 employees have been granted a period of three years (from the first quarter of 2010) to enable them to hold negotiations and finalize their action plans. These measures must include the overall objective of keeping employees aged 55 years and over in employment or recruiting workers aged 50 years and over. The Committee requests the Government to provide detailed information on the results of the implementation of the action plans in favour of the employment of older workers in enterprises with up to 50 employees. It also requests the Government to provide any relevant information concerning the progress made with regard to the employment of older workers in other enterprises.

Education and training policy. The Committee notes the adoption of Act No. 2009-1437 of 24 November 2009 concerning lifelong vocational training and guidance which aims to facilitate the training of jobseekers and workers with few qualifications and develop training within small and medium-sized enterprises. The Committee notes that the Act guarantees the right to lifelong training. It also notes the communications sent in July 2010 by the National Autonomous Union of Sciences and the National Union of Scientific Researchers concerning the possible effects of the Act of 3 August 2009 concerning mobility in the civil service and also the Government’s reply received in November 2010. The Government indicates that this Act has established a joint job security fund designed to contribute to the funding of vocational training leading to the qualification and renewed qualification of workers and jobseekers. The Act also provides for regional planning contracts for the development of vocational training (CPRDF) designed to define a medium-term programme of vocational training for young persons and ensure the coherent development of initial and continuous vocational training paths based on a joint regional analysis. The vocational reorientation mechanism enables civil servants to progress in their professional careers according to their skills, abilities and wishes, thus reinforcing their freedom of choice in employment. In addition, by providing for guidance, training and evaluation measures, the mechanism creates favourable conditions for ensuring that civil servants receive the best training for their new jobs. The Committee requests the Government to continue providing information on the vocational training measures and their impact in terms of integration into the labour market. It hopes that the report will contain information on the measures to coordinate education and training policies with employment, as well as on their impact in terms of the long-term integration of the most vulnerable categories of workers into the labour market.

Article 3. Participation of the social partners in the preparation and formulation of policies. The Government indicates that employment and vocational training policies are defined in close consultation with the social partners and that certain measures are financed jointly and implemented through coordination between the State and the social partners, such as the vocational training measures for young persons, the unemployed, older workers and workers at risk of redundancy. The social partners also took part in the social summit of 18 February 2009 which resulted in the establishment of the FISO designed to coordinate crisis response policies on employment and vocational training. The Government indicates that the latest inter-occupational agreement signed on 9 July 2009, concerning the social management of the impact of the economic crisis on employment, has resulted in the implementation of a number of temporary measures (in force until 1 January 2011), such as the “occupational transition contract” (CTP) and the “personalized back-to-work assistance agreement” (CRP) to improve the situation of employees who are made redundant. The Government also mentions the composition of the National Employment Council, which brings together representatives of all actors involved in employment and training policies. The Committee requests the Government to indicate how the consultations held with the social partners within the National Employment Council have contributed to the formulation of employment policies and how their experience and opinions have been fully taken into account when formulating these policies.