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Impending change of legislation | Upcoming reform on headcount threshholds : passing a threashhold will only have consequences after five years

Impending change of legislation | Upcoming reform on headcount threshholds : passing a threashhold will only have consequences after five years

Published on : 01/08/2018
A bill to be debated in Parliament in the fall plans to reform the impact of crossingheadcount thresholds. It provides, inter alia, for harmonizing the method of calculation of the number of staff and granting a five-year period, once the staffing threshold has been reached, to meet the corresponding obligations. A number of obligations related to the threshold of 20 employees would be transferred to companies with more than 50 employees.

A growth promotion bill is intended to "lighten up" obligations related to staffing levels. Among the measures contemplated, there will be a harmonization of the method of calculation of the workforce over that provided for by the Social Security Code, the increase of several thresholds of 20 to 50 employees for the fulfillment of certain obligations (0.5% Fnal rate, participation in the construction effort, or the mandatory establishment of a dining effort or the establishment of a company handbook). It also provides that the obligations would only be effective when the threshold is crossed for five consecutive calendar years. On the other hand, the downward crossing of a headcount threshold over a year would always have the effect of immediately exonerating the employer of the obligation in question.
This project presented to the Council of Ministers in mid-June, will likely be discussed in Parliament in the autumn.

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