At the time of a change of cleaning service provider, the subject of “Article 7 of the National Convention of cleaning companies and associated services often arises” or “resumption of personnel”.
The objective of this article is to answer the following questions:Under what conditions is Annex 7 s does she apply? What role as a client during the call for tenders? Should the new company assign the same agents to your site? Am I affected during a move? What impact for agents?
What is the principle?
Annex 7 is an annex to the collective agreement for cleaning companies, which governs the case of a || |292changement de prestataire de nettoyage sur un site client.
Why this annex? Toensure the maintenance of employment for cleaning agents in the event of a change of service provider on a site.
The principle: l The cleaning company which takes over the site maintenance contract isobligation to offer a permanent employment contract to the cleaning agents who worked on the site. It must maintain the employee's gross salary (taking into account their seniority for example), as well as all the benefits that the employee received (packed lunches, possible bonuses, etc.).
Under what conditions does this apply is it?
For the cleaning agent's file to be eligible for staff resumption, here are the conditions to be respected:
- The employee must work on your sitefor more than 6 months
- The working time on your site must represent at least30% of their working time avec la société sortante
If certain employees do not meet the conditions of resumption, the outgoing cleaning company will offer them a new assignment and will keep their permanent contract.
For employees respecting the conditions: the outgoing company sends the files of the cleaning agents concerned to the company taking over the contract. The latter then receives the agents and includes them in aCDI hiring process.
Please note: | ||324la société de nettoyage “sortante” peut également choisir de ne pas transmettre les dossiers de certains agents, à qui elle souhaite par exemple proposer d’intervenir sur d’autres sites, afin de les garder en CDI dans ses effectifs.
What role as a customer?
The customer must, when he/she changes service provider,transmit the contact details of the outgoing company to his new cleaning company. The latter may then request the files of the employees concerned to launch the personnel takeover process.
Certain clients who know the agents well also choose to inform them in advance of an upcoming change of service provider.| ||334
La nouvelle entreprise de nettoyage doit-elle affecter les mêmes agents sur votre site ?
There is no obligation even if the conditions of Annex 7 are met. The new cleaning company maychoose to form a new team on your site, and assign existing agents to other customer sites. In this case, it must be able to offer them other sites, representing at least the same volume of hours, over the same time slot. At Cleany, we also try to offer a mission closer to where they live.
Please note:
- Onethe same cleaning team can very well be more motivated and efficient with new management and new training methods. Remember to ask during your call for tender about the training process as part of a staff takeover.
“Satisfied Cleaners are the guarantee of a better job done”
- S’il peut être parfois judicieux de renouveler une partie de l’équipe afin de repartir sur une nouvelle dynamique, the cleaning company must have time to find a new mission for the agent before replacing it. The more new sites the company launches, the easier it will be to offer other missions!
And the agents in all this?
Even if maintaining employment is guaranteed, this period is particularlyanxious for cleaning agents. They indeedno choice of their future employer. It is the client who, by choosing to change cleaning company, will choose their future employer. It is therefore the responsibility of each cleaning company to put in place anonboarding process which will allow cleaners to become as familiar as possible with the new structure.
Here, as an example, is the staff resumption process that we have put in place at Cleany:
Does this appendix 7 apply in the context of a moving?
If the customer changes cleaning provider in the context of a move, Annex 7 does not apply. The new cleaning company is therefore not obliged to offer a contract to employees on the old site.
The outgoing cleaning company can, however, still offer the files of the employees concerned to the new company, so that they can benefit from“priority for re-employment”. The new society is free to accept or not. If it refuses, the outgoing company will keep the agents on its staff and will offer them other intervention sites.
Is it possible to keep a cleaning agent on my site, even if he does not is not eligible for Article 7?
Do you want to change cleaning company, but still keep part of the cleaning team working on your site? This is possible, even if the agent in question does not meet the recovery conditions. In this case, you can suggest that he meet the new cleaning company envisaged, so that he can decide for himself whether he wishes to stay on your site, while changing employers.
There is Are there other sectors concerned?
Other service providers working in the offices are also concerned by the resumption of staff: reception and security.
How to terminate your cleaning contract?
All the information, and examples of termination lettersin this article.
