{"id":9110,"date":"2022-01-28T12:07:23","date_gmt":"2022-01-28T08:07:23","guid":{"rendered":"https:\/\/www.procontact-solutions.fr\/?p=9110"},"modified":"2022-01-28T12:07:23","modified_gmt":"2022-01-28T08:07:23","slug":"how-to-motivate-your-employees-to-work-with-outsourced-agents","status":"publish","type":"post","link":"https:\/\/www.procontact-solutions.fr\/en\/how-to-motivate-your-employees-to-work-with-outsourced-agents\/","title":{"rendered":"How to motivate your employees to work with outsourced agents?"},"content":{"rendered":"

It can be difficult for a company\u2019s employees to get used to the idea of collaborating with agents from an outsourcing company. Indeed, the news can be destabilising, especially when it generates the fear of job loss. If used well, outsourcing is a solution, a modern tool for the company. To ensure that it can reap all the benefits, it must be handled fluidly to reassure internal teams.<\/p>\n

What<\/strong> does the labour law say about dismissal on economic grounds<\/strong>?<\/h2>\n

It is a good idea to remind employees of French companies that \u201cA dismissal for economic reasons must result either from the abolition or transformation of the employee’s employment, or from the modification, that is not accepted by the employee, of an essential element of his employment contract. That is, economic difficulties, necessary reorganisation to preserve competitiveness, the introduction of new technologies or the termination of the enterprise’s activity constitute an economic cause of dismissal only if they lead to the termination of the employee’s employment or the modification of his employment contract\u201d. (Texts: C. trav., S. L. 1222-6; C. trav., Art. L. 1233-3; Ord. No. 2017-1385, 22 Sept. 2017, OJ 23 Sep.).<\/p>\n

Two theories about job cuts <\/strong><\/h2>\n

The post and its corresponding tasks disappear: In case of cessation of activity of the enterprise, all jobs are eliminated. Similarly, in the event of a partial cessation of activity or outsourcing of one of the company’s activities (without the conditions for applying Article L. 1224-1 of the Labour Code being met), the corresponding tasks and jobs disappear. A job position and the corresponding tasks can also disappear without there being a total or partial cessation of activity of the company. This is the case, for example, when the employer decides to review the workforce to match the decline in activity of the enterprise.<\/p>\n

Example: a sales department is oversized in view of its declining activity for several years. The employer decides to remove certain positions from this service.<\/p>\n

When the company decides to close one of its establishments and to transfer its activity and the corresponding jobs to another establishment or to relocate its activity to another country, are there any job losses or a simple change in the place of performance of the work entailing a change in the employment contract? According to the Court of Cassation, the reality of job loss must be assessed at company level: the relocation of the activity from one establishment to another company of the group established abroad entails the elimination of jobs from this establishment (Cass. soc., 5 Apr. 1995, No. 93-42.690). On the other hand, the transfer of the activity from one establishment and the corresponding jobs to another establishment of the company does not entail the abolition of these jobs.<\/p>\n

The position disappears, but the corresponding tasks are still there. – There is also the deletion of a job post when a position is eliminated and the corresponding tasks are either taken over by a volunteer employee (most often, a member of the employer’s family: Cass. soc., 20 Jan. 1998, No. 94-45.094), or distributed among several employees already present in the company (Cass. soc., June 2, 1993, No. 90-44.956), or entrusted to a single other employee who was already working at the enterprise, in addition to his initial duties (Cass. soc., July 21. 1994, No. 92-44.870).<\/p>\n

IMPORTANT NOTE: in both cases, a job loss does not necessarily mean a decrease in the company’s workforce. Indeed, the abolition of certain jobs may be accompanied by the creation of new jobs which entails different tasks. The reclassification of employees whose posts have been abolished should be considered in these new jobs, provided that they have the appropriate qualifications. (see No. 170-25).<\/p>\n

(Source: 170-15 Quelles cons\u00e9quences la cause \u00e9conomique de licenciement doit-elle avoir sur l\u2019emploi ? – liaisons-sociales.fr<\/a>)<\/p>\n

Outsourcing is not synonymous with offshoring<\/strong><\/h2>\n

It is essential to make and understand the difference between outsourcing and offshoring.<\/p>\n