No to Management’s hold-up on End of Career TSA!…
…or how to swindle several hundred employees out of sums reaching up to 100 k€ !
Management changed the rules of the game
For the last few months, HRBPs are refusing employees the right to benefit from the provisions of the end-of-career leave beyond their full retirement date (general and complementary regimes). They are only applying a note from Management regarding the Intergenerational agreement rationale from May 12th 2017 that states:
« For the end of career TSA, the term is the date at which the employee can liquidate his General Regime and ARRCO AGIRC retirement with full pension. »
This agreement application note, raised confidentially, was never communicated to the signatories of the agreements.
For the CFDT, this note is a misinterpretation of the signed documents.
For memory: Ammendment no. 3 to the Group Framework Agreement on Time Savings Accounts from October 17th 2005, signed at group level on November 25th 2016 stipulates: « outside of early departures (…), the rights capitalized in this sub-account can only be utilized at the end of the career, that is to say before the planned retirement date of the concerned employee ».
Planned date, but by whom?
In the spirit of the union negotiators, it is obviously the employee… Moreover, the employer does not have the power to force an employee to retire before 70 years of age, the law having for goal that it be only the employee that decide the date of his departure for retirement.
The interpretation of Management therefore deprives the concerned employee of the possibility to independently decide on a retirement departure date.