four questions about “quiet cutting”, silent dismissal

Push for resignation rather than dismissing an employee? This practice is called “quiet cutting” among the Anglo-Saxons and can be translated as “silent dismissal”. It is the opposite of “quiet quitting”. According to an American study carried out in March by the job search site Monster (in English), 77% of workers surveyed have witnessed “quiet cutting” within their company, and 58% say they have been affected by this process.

“Quiet cutting” also exists in France, employees have experimented with it and employers have been responsible for it, confirm respectively Nina Tahrouni, who ensures respect for employees’ rights, and Cyrille Catoire, lawyer used to defending companies. , including some who have resorted to this type of practice.

1 Quiet cutting, a new phenomenon?

In reality, this new Anglo-Saxon terminology applies to “a phenomenon that has always existed in the world of work”underlines Nina Tahrouni, doctor of law, specialist in psychosocial risks and founder of the firm Global Impact. “It’s a practice that clearly exists and is rather in the minority”, specifies Cyrille Catoire, lawyer specializing in social law. For him, certain sectors are more concerned than others “like the construction sector, or that of event communication”very competitive.

“The most emblematic example is that of France Télécom, recalls Nina Tahrouni, which went from the status of a public company to that of a private company and which had 22 000 officials she wanted to get rid of. Institutional harassment was even recognized and the aim was to force these workers to leave the company.”

2 What does it consist on ?

Pushing employees to resign to avoid the cost of dismissal takes different forms: “Putting aside, removing functions, removing tasks, lack of recognition”, lists Nina Tahrouni. The employer can use unfair methods like “refusal of increase, refusal of bonus payment, sidelining”adds Cyrille Catoire. “The idea is to demotivate the employee to push him to the limit, so that he ends up leaving on his own”, he emphasizes. In the most serious cases, “quiet cutting” can lead to moral harassment.which the employee can then invoke before the industrial tribunal”, underlines the lawyer.

“It’s super perverse for the employees who find themselves faced with this situation.”

Cyrille Catoire, lawyer

at franceinfo

Thus, Cyrille Cotoire relates the case of an employee in the pharmaceutical sector who was stopped from giving work overnight : “He stayed at home for a year doing nothing. And the idea was to completely closet him, until he ended up leaving on his own. He ended up resigning before attacking then to the industrial tribunal”, reports the lawyer.

Quiet cutting can affect all workers. “Both executives and non-executives are affected by this type of practice”, confirms Cyrille Catoire. Two types of profiles stand out, according to Nina Tahrouni : “There are either people who do not know their rights, who are easy to impress and oust, or people who have very long seniority and who would cost too much to dismiss.”

3 What do employers stand to gain (and lose)? ?

When she wants to separate from an employee, a company “wonders how to terminate his employment contract and above all how much it will cost him”, details Cyrille Catoire. A dismissal involves finding a valid reason and paying compensation, “a company may find it too expensive and turn to an alternative : pushing the person to resign will not cost them anything.

This is what escaped the employee of a start-up that Nina Tahrouni got out of trouble: “Her employer ended up telling her that he wanted to part ways with her, but that it would cost him too much to fire her, and therefore it would be better if she resigned. On my advice, she wrote to her employer to denounce her unfair maneuvers and citing the articles of the Labor Code corresponding to the employer’s obligations in terms of health and safety at work. He was afraid that things would go much further, even to court, and finally accepted a conventional termination with compensation of three months’ salary, which was quite significant in view of what she was initially entitled to.relates the lawyer.

Cyrille Catoire emphasizes that by acting in this way, companies take risks, because “to obtain someone’s resignation, they adopt inappropriate behavior which can turn against them”. “Contrary to what they think, this rarely allows them to save money. In the end, this rather translates into a risk of litigation which escapes them”concludes the lawyer.

4 What can an employee do if they feel targeted?

Employers rely on the ignorance of their employees, regrets Nina Tahrouni. The psychosocial risks specialist reports the case of young employees from whom a catering company wanted to separate: “A young woman was intimidated by the human resources department, who forced her to sign a resignation. As for the others, notably an employee who called on me, they managed to obtain a conventional termination”. For her, “as soon as employees start arguing by citing their rights or articles of the Labor Code, employers realize that they are not that ignorant. They panic and are more open to discussion.”

The lawyer advises employees who feel pushed towards silent dismissal to seek support : by the CSE, the Economic and Social Committee, the unions, when there are any, but also by the labor inspectorate or even by a lawyer specializing in labor law. Because negotiating a conventional termination appears to be a better alternative. “It is better to take the lead rather than endure these actions for months, or even longer, and ultimately suffer a deterioration in your physical and mental health,” confirms Nina Tahrouni.

“When the tide turns for employees, it is better to leave as quickly as possible in the best conditions, but not at any price. I never recommend resigning for example. But you should not hang on either at the risk of seeing his mental health deteriorate.”

Nina Tahrouni, lawyer, specialist in psychosocial risks

at franceinfo

The company’s maneuvers could possibly result in a form of moral harassment. In these most serious cases, the employee can file a complaint with the industrial tribunal, where the statistics are very much in favor of employees. “There are sometimes unscrupulous company policies that want to save every penny, regrets Nina Tahrouni who urges them : “Give people what they deserve, or what the law and the law give them, and just let them go.”