Weakening of dismissal protection or strengthening of employment policy in France?
2007
36
3
September
267-286
dismissal ; employment policy ; jurisdiction ; labour contract ; labour legislation ; termination of employment
Employment
http://ilj.oxfordjournals.org/current.dtl
English
"The contrat première embauche (CPE—first hiring contract) and the contract nouvelles embauches (CNE—contract for new hiring), ie two new types of contract for permanent or open-ended employment, were introduced in France in 2005. Both contain specific provisions on dismissal protection and trial periods which amount to the abrogation of the ordinary statutory protection against dismissal. In the aftermath, France was hit by a wave of protests, especially on the part of the younger generation, since the CPE legislation above all concerned this group. Consequently, the CPE was revoked in 2006. The CNE, however, remains in force and the otherwise relevant dismissal protection rules do not apply to it for a period of two years.The CNE is not only an additional model for the many forms of employment contract. It provides a new type of labour contract and is aimed at combating unemployment and achieving permanent employment.This paper examines how the new types of employment contract affect traditional dismissal protection law. In particular, recent court decisions concerning the CNE legislation are presented in detail."
Paper
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