lundi 16 juil. 2018

Reflexions on the permanent intermittent contract (‘CDII’) with the SNPEFP-CGT “Formation” committee.


Reflexions on the permanent intermittent contract (‘CDII’) with the SNPEFP-CGT “Formation” committee. Thursday April 17, 2014.

Problem defining the periods of “availability” and “non-availability”: once these periods of the day, week, month, and/or year have been defined, they will determine whether the trainer’s refusals to work are deducted and whether they have an effect on the trainer’s work contract.

Periods of availability: these are the periods during which the trainer informs the employer that they are is available for Teaching Time (TT). During these periods, these refusals can be noted. The periods of non-availability remain completely outside the employer’s purview.

- the limiting of the periods during which the trainer can be offered TT as a function of their contractually established number of annual hours (which we call the “annual guarantee,” an expression we are firmly committed to). This availability must be proportionally based on the annual guarantee: the SNPEFP holds that it must not be more than one quarter of the contractual annual guarantee. (to be further discussed amongst ourselves)

- the compensation for these periods during which the trainer remains available for their employer while at the same time being unable to work for another employer: this compensation is to be paid according to the base salary (without factoring in the “preparation and research” time).

- references in the work contract: the trainer’s contract should make explicit both the schedule for their availability periods and the compensation terms and conditions for the corresponding work hours.

- the freedom to modify the availability periods: the employer cannot prevent an employee working part-time from supplementing their working hours at one or several other places of employment. This leeway must be respected and in fact facilitated. Any change to the availability periods, and the potential consequences for the annual guarantee, must result in an amendment to the work contract.

NB: Tallying the “trainer’s refusals”: the refusing of an hour of TT will be counted when it occurs during an “availability period” defined in the work contract; when a trainer refuses one particular hour, the total amount of TT hours in the commercial contract with that business customer will not be counted. Indeed, one is expected to explore all possible solutions in order to preserve the TT actual work hours that have been assigned to the trainer, such that both the trainer’s right to work and the business’s operations are respected.

Concerning the refusals of TT when this TT is offered to the trainer during the availability periods defined in their work contract: the noted refusals can result in a sanction if the refusal was not validly justified. Hours that are refused without justification will not be compensated. The refusal limits specified in article 6-2 paragraph 3 must be revised: in fact, the limitation on availability hours and their compensation must automatically limit the number of the trainer’s refusals through the process of making her work contract secure. The SNPEFP-CGT holds that, within the frame of the proposals described above, the trainer’s refusals must be considered unjustified absences. Once three refusals total have been recorded, the trainer should expect to be called to a meeting with their employer and that they may be subject to disciplinary action.




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