Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

The Committee notes the observations of the General Confederation of Labour–Force Ouvrière (CGT–FO), received on 20 October 2017. The Committee requests the Government to provide its comments in this regard.

Article 1(2) of the Convention. Youth employment. In response to the Committee’s previous comments, the Government reiterates in its report that youth employment is a priority. In this regard, it refers to three main mechanisms: the jobs of the future; the youth guarantee; and the reform of apprenticeships. The Government adds that, in 2016, more than 120,000 young persons benefited from the jobs of the future mechanism, which allowed young persons with no qualifications to gain their first professional experience and access skills training. With regard to the youth guarantee, the Government indicates that this mechanism was implemented with the financial support of the European Union and targets young persons in extremely precarious conditions. It indicates that a report evaluating this mechanism, published in November 2016, concluded that its effects were positive, including an increase of more than ten points in the employment rate of its 73,000 beneficiaries and its capacity to effectively target them. In this regard, the highest level of education attained by three out of four young persons was a high school diploma and one in four lived in a priority neighbourhood for town policy. The Government indicates that the Labour Act of 8 August 2016 applied this mechanism throughout the country. Furthermore, Decree No. 2016-1855 of 23 December 2016, issued under the Labour Act, provides for the inclusion of the youth guarantee in the Labour Code, in the context of the employment and autonomy support contract (PACEA). It indicates that these innovations facilitate the articulation of assistance mechanisms and enshrine the right to assistance in a broader context than just employment and working life, by introducing an approach of youth employment and autonomy. The Government refers to several measures taken to promote apprenticeships, including: the launching, in September 2014, of a mobilization plan for the development of apprenticeships; the establishment, under the Decree of 29 June 2015, of assistance for young apprentices, known as “TPE young apprentices”; the introduction by the ministry responsible for employment of the possibility to gain professional qualifications through apprenticeships; the possibility to opt for distance learning in the context of an apprenticeship; the increase of the maximum age for apprentices up to 30 years under the Labour Act; and the use of apprenticeships as a general method of training in the public service. The Government indicates that it has made available €450 million to update the training system, within the framework of the Investment in the Future Programme (PIA). After two years of decline, due in part to the economic crisis, the Committee notes an increase in admissions to apprenticeships of more than 3.5 per cent between May 2015 and June 2016 and more than 1.5 per cent in the first seven months of 2016. The Committee notes the observations of the CGT–FO indicating that young people joining the workforce suffer precarious employment and financial uncertainty. It adds that 24.7 per cent of the youth labour force was unemployed at the beginning of 2017. The CGT–FO indicates that more than one third of young persons join the workforce through short-term contracts and they are less likely to receive a permanent contract (CDI). Indeed, in 2015, fewer than 5 per cent of workers with a permanent contract were under 25 years of age. The CGT–FO adds that it would like the jobs of the future mechanism to be fully deployed in 2017, as it is operational. The CGT–FO also indicates that it has always supported the youth guarantee mechanism, which has led to an increase of 9.1 percentage points in the proportion of young persons benefiting from lasting employment. The Committee requests the Government to continue providing detailed information on youth employment trends and reiterates its request to the Government to include statistics disaggregated by age and sex, and on other categories for which data are available. It also requests the Government to continue to include an updated evaluation of the active policy measures implemented to reduce the impact of unemployment on young persons, particularly the most disadvantaged, and to facilitate their lasting integration into the labour market.

Older workers. The Government indicates that, in 2016, in metropolitan France 53.7 per cent of persons aged from 55 to 64 years were economically active, of whom 49.9 per cent were in employment and 3.8 per cent were unemployed. It indicates that 76 per cent of persons between the ages of 55 and 59 years are economically active, and 30.1 per cent of persons between the ages of 60 and 64 years. The Government indicates that, at 7.1 per cent, the unemployment rate of older workers is lower than that of young persons. It indicates that, from 2001 to 2016, the activity rate of older workers increased by 21 points; more than 23 points among those aged 55–59 years and more than 20 points among those aged 60–64 years. However, the Government adds that older persons are most affected by long-term unemployment. Accordingly, 3.9 per cent of persons over 49 years of age have been unemployed for over a year, in comparison with 3.7 per cent of persons aged 25–49 years. In this context, the Government indicates that, from 2008 to 2013, despite the economic crisis, the employment rate of older workers increased by 12 points, while their share of unemployment grew by only two points. However, it indicates that older persons represent a growing percentage of the unemployed: 11 per cent of the unemployed were aged between 55 and 64 years in 2016, in comparison with 4 per cent in the second half of the 1990s. Regarding statistics disaggregated by age and sex, the Government indicates that, for older persons, gender gaps in the labour force participation rate are a result of cuts in public funding for retirement measures and retirement reforms. It adds that the Directorate of Research, Studies and Statistics publishes a quarterly report on the labour market participation of older persons and the employment policies that target them. The Committee notes that, at the end of March 2017, the unemployment rate among men between the ages of 50 and 54 years was 7 per cent, in comparison with 6.9 per cent among women, and the rate for men aged between 60 and 64 years was 9 per cent, in comparison with 6.1 per cent among women. The Committee notes the observations of the CGT–FO indicating that unemployment is longer among older persons. In this context, it indicates that, in 2015, six out of ten workers over the age of 50 years had been unemployed for at least one year. The CGT–FO adds that the number of subsidized contracts envisaged for 2018 has been reduced, even though during a period of crisis they are necessary to facilitate integration into quality employment. It considers that these contracts should be retained and should be of sufficient duration and emphasize increased individual support for beneficiaries. The Committee requests the Government to provide detailed information on the employment situation, level and trends for older workers and to indicate the specific results achieved through measures to address the unemployment and underemployment of older workers, including statistics disaggregated by age and sex, and on other categories for which data are available. The Committee requests the Government to respond to the comments of the CGT–FO regarding the duration of unemployment of older workers and the reduction in the number of subsidized contracts.

Education and training policy. The Government indicates that the development of apprenticeships and the reform of vocational training are its priorities. In this regard, the Act of 5 March 2014 on vocational training, employment and social democracy constitutes an important part of the current administration’s action. It indicates that this Act transposes into law the National Interoccupational Agreement (ANI) of 14 December 2013 and covers the entire vocational training system and its mechanisms, funding and governance. In this context, the Act abolishes the taxation of expenses and grants greater freedom regarding methods to implement employee training. Thus, the legal obligation was reduced from 1.6 per cent to 1 per cent and the single contribution of enterprises is paid to authorized joint collection bodies (OPCA). The Government adds that the Act establishes a new legal requirement regarding the quality and effectiveness of training, which must provide more and better certify skills to receive funding through certain mechanisms, such as the personal training account (CPF), implemented in 2015. It indicates that the Act entrusts the social partners with the responsibility of establishing the lists of training courses that are eligible for the personal training account. The Government adds that the Act of 5 March 2014 strengthened the rules respecting quality of continuous training. In this regard, the National Council for Employment, Vocational Training and Guidance (CNEFOP) is responsible for fostering the improvement and promotion of quality certification processes. The Act of 5 March 2014 also lays the foundations for a right to training for each person via the personal training account, included since 1 January 2017 in the personal activity account (CPA), established by the Labour Act in order to redress inequalities in access to training for unskilled or low-skilled workers. The Government indicates that to guarantee this right in practice, the Act of 5 March 2014 established a free vocational development advice service (CEP). It indicates that this right will contribute to the development of the progressive acquisition of vocational qualifications for adults and facilitate their lifelong labour market integration. The Act also finalizes the transfer to regional councils of responsibility for vocational training with regard to all specific public policies by encouraging stakeholders to establish a comprehensive regional strategy on employment, training and guidance policies within a framework that is now quadripartite, comprising the State, regional councils and the social partners with the establishment of new governance bodies, including the CNEFOP and the Regional Council for Employment, Vocational Training and Guidance (CREFOP). Regarding apprenticeships, the Government indicates that the reform of 5 March 2014 has allowed further resources to be allocated, while maintaining the funding of other types of initial vocational and technical training. In this context, the career paths of apprentices have been further secured and they have improved rights. Furthermore, genuine simplifications have been introduced for enterprises. The Government adds that the issue of apprenticeship was examined from an interministerial perspective by the public service and the national education system in partnership with all stakeholders. This led to the formulation and implementation of a recovery plan in September 2014 with a view to an in depth reform of training. The Government adds that a joint platform was agreed upon on 30 March 2016 between the State and the regional councils of the new regions, established following the merger of regional councils on 1 January 2016, to ensure their joint mobilization for employment, apprenticeship, training and economic development in the regions. The Committee requests the Government to provide updated information on the programmes to promote lifelong training with a view to improving the vocational skills of adults, as well as an evaluation of their impact on access to decent and freely chosen work.