Using the economic slowdown as an excuse, employers are circumventing labor law, particularly in very small businesses. "We cannot change people's wages without their agreement," said Benoît Serre, vice-president of the National Association of Directors of Human Resources (ANDRH), on Friday on Europe 1.

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Affirming that their company is suffering from the economic crisis, some employers take the opportunity to trump the rights of employees. In recent weeks, testimonies have multiplied with social lawyers. By a unilateral decision by their boss, employees are thus faced with a drop in their wages. "The employer is illegal if he does that," recalls Friday on Europe 1 Benoît Serre, vice-president of the National Association of Directors of Human Resources (ANDRH). "You can't change people's wages without their consent."

"The worst method"

Often these bad practices take place in very small businesses. "We can get it by the phenomenon of pressure, but it is the worst method, whether in the short term for the individual or in the medium term for the company", adds Benoît Serre about the decline salaries.

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For him, "these serious decisions cannot be taken outside the legal system of social dialogue, it makes no sense." "Even if we have no staff representative, we can discuss and agree on a given period during which the remuneration will fall. But the most important thing is to determine under what conditions we get out of this exceptional situation", insists Benoît Serre.

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The vice-president of the ANDRH reminds besides that "legal devices" allow "to do it in agreement with the social partners". "It's called the collective performance agreement and it's provided for by the ordinances of 2017."

Consider the way out of the crisis

Above all, these temporary measures must be envisaged at the same time as a solution to end the crisis. "Let’s predict now that when we get out of this situation of agreed salary drop, we increase, for example, the conditions of profit-sharing or participation, so that the newfound profitability of the company certainly benefits the entrepreneur , possibly to the shareholder, but also to the employees. And, this is a win-win deal, "recommends Benoît Serre.

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The latter is also said to be in favor of a measure which would allow a "form of partial unemployment which compensates for the fall in wages".