Pengwuino said:
What are the stipulations for releasing someone from the contract? Or what are the stipulations for being able to enter the contract?
I mean it can't just be a guaranteed 2 year contract or else you could be hired and just be an incompetant fool for 2 years and receive a paycheck.
It is the opposite. Up to now, in France, there existed 2 kinds of contracts: CDD (finite-duration contracts) and CDI (indeterminate duration contracts).
CDD contracts were just that: both parties (employer and employee) were linked by the contract for the entire duration of the contract, no matter what happened (ok, some exceptions, like putting fire to the workplace or so exist I guess). You were guaranteed your paycheck during the CDD, no matter how you performed. It was limited to 2 years. And you left at the end.
CDI was what everybody was looking for: a contract of indeterminate duration. It could not be given up from the employer's side except in the frame of a layoff plan or in the case of serious fault on the side of the employee. In the case of the a layoff plan (negociated with unions and so on) often you could get away with one or two years or even 5 years equivalent of your salary. At the beginning of a CDI, however, there was a 6 month trial period, where both parties could stop the contract immediately without any formality. (after that, the employer was linked for ever, and the employee had to give a term of resignation, which started with 3 months and increased as a function of the time spend on the contract: he was forced to stay at least this period after informing his employer of the decision to leave).
The problem addressed by the new contract proposed by de Villepin is the following:
During 2 years, both parties (employer and employee) can stop the contract as in the 6 month period of the CDI. However, the contract only exists for employers with less than 20 employees. After those 2 years, it becomes a full CDI.
The reasoning was that small companies often refrain from hiring people because they don't know yet if they will economically manage to keep the person (and rupture of a CDI is a very expensive affair for the employer). So the idea was to give them more flexibility to hire someone, and if they see that they can't manage, they can just lay him off. Always better than not hire anyone, and also better than a CDD, where the employee would leave after 2 years.
EDIT: in a way, the new contract is exactly as the CDI, except that the 6 month trial period is changed into 2 years. The reason is different: 6 months are judged sufficient to find out if an employee fits for the job. However, 2 years are deemed necessary to see if the employer can economically keep the employee.
This whole story must be incomprehensible to Americans where employment is much more flexible, I guess :-)