Site contract: clarification

The Macron ordinances introduce into the Labor Code (articles L1223-8, L1223-9, L1236-8 and L1236-9 new CT) the possibility for professional branches to implement the use of worksite contracts.

This option was already available to professional branches, and is now enshrined in the Labor Code.

Although initially only the building and public works sectors were eligible, the practice has since been extended to other professions such as ship repair, cinema, aeronautics and mechanical engineering.

A landmark ruling by the French Supreme Court on December 5, 1989 recognized that this type of contract could apply to all sectors of activity ( Cass. soc., Dec. 5, 1989,^no. 87-40.747).

In the “Syntec” branch, for example, an agreement was signed on July 8, 1993 by the engineering sector alone, whose extension has never been requested, thus making the CDI de chantier available only to engineering companies, subject to certain conditions.

At the time, Syntec numérique had already decided not to sign the agreement.

Reasons why CDI de chantier is not a priority for Syntec numérique

At a time of strong economic activity in our sector, the challenge facing our companies is not to let go of their employees more easily, but to boost their attractiveness in order to maintain a sufficient level of recruitment, in terms of both quality and quantity.

Today, the supply of engineers is not commensurate with their needs, and a veritable “war for talent” has opened up in most European countries.

The new generations take into account all the components of the jobs they are offered, including the nature of the employment contract.

Because of the uncertain nature of its duration, the worksite CDI will not enable them to reassure a landlord or negotiate a loan, and will therefore have no attractive effect on the young people we want to attract and retain.

Syntec numérique’s initial assessment of the content of the ordinances

In addition to the CDI de chantier, Syntec numérique is delighted with the increased scope for negotiation open to SMEs with fewer than 20 employees, of which there are many in our sector; with the merger of employee representative bodies in companies with at least 50 employees, which will simplify company operations; and also with the affirmation of the role of the branch, which retains its primacy in a number of areas.

The deciphering of these ordinances will be the subject of several social letters distributed from September onwards, supplemented by a series of social conferences which will present each ordinance in detail.