The title is simple: “Bill on social dialogue and employment” But the content is dense.. Especially as Labour Minister, François Rebsamen, added at the last moment a fourth title to “career security and re-employment” . Behind this title hides in fact is the idea of Francois Hollande to establish a “personal account activity” involving a number of social rights attached to the person of the employee, which will be portable and transferable, whatever the Future of the employee (business change, unemployment, etc.).
But the biggest part of the bill to be discussed on Wednesday April 22 Cabinet comprises the modernization of social dialogue within companies. The text is therefore in line with the “large” laws that have gradually built in France the right to employee representation – provided by the Preamble to the Constitution of 1946 – 1945 (works council), 1968 (introduction of the union section) and 1982 (the famous “Auroux Laws”). Except that with this bill, it is no more than establish new institutions in the business but rather to streamline existing ones, or to externalize social dialogue.
The other idea behind the law is to reach a “smoothing” of the famous social thresholds. It was a strong demand from employers’ organizations, which, moreover, are not really satisfied on this point of the bill. They feel it is not going far enough. In fact, the government has opted for a compromise between employers and trade union organizations after the failure of their negotiations on this issue in January.
The joint committees for social dialogue in the TPE
So, in less than 10 employees, it is still not subject to institute some form of representation. Employers, CGPME in mind, do not want to. However, the regional commissions joint, external to the company, will be established, consisting of 20 members (half of employers, unions half, designated according to the respective hearing of each employer and union organization). These commissions will aim to represent employees and employers TPE outside the areas already covered by such committees established by branch agreements. This is especially the case now in crafts and agriculture.
These commissions will have no opportunity to “enter” in companies. They are designed to allow exchanges on working conditions and management of jobs. They will also have an advisory mission to employees and employers.
To the chagrin of artisanal professional Union (APU), nothing really new is expected in companies with 11-50 employees . The UPA wanted them to be also involved in the joint regional commissions. But this is not the case. Staff representatives will continue to have their place – when they exist -. In more than 10 employees
The extension of the mechanism of “one staff delegation”
On the other hand, it is in companies between 50 and 300 employees that things will really change. These companies will have the opportunity to combine in a single instance all currently existing bodies: the staff representatives, works council committee on health and safety working conditions (HSC). So far, the single staff delegation (DUP) was possible only in companies with fewer than 200 employees, and only allowed to group the only staff representatives and works council. With this bill, the DUP will integrate thus also the HSC.
But, be careful, to preserve the unions were very picky about the subject, all institutions, even integrated, remain. In other words, the project simplifies corporate life to the extent that there will be only one election, the members of the DUP. Then they will turn, depending on the subject of the meeting, the “cap” HSC, works council or staff representative. Each of these instances keep their skills and missions. Thus, the HSC retains its legal personality. But ultimately, there will still be fewer elected officials, fewer meetings and less delegation of hours.
Currently, a quarter of companies from 40 to 59 employees has no representative body of staff and it is still the case for one in six in companies with 60-99 employees.
Companies 300 employees free to organize the most appropriate representation
Finally, in companies or establishments with more than 300 employees, the whole architecture of staff representation will lead to a majority agreement (signed by one or more unions representing the 50% of employees). In other words, each company will be free, since a majority agreement was entered into, or to establish a single delegation, to group one or two institutions will survive and leave the other or even not to touch anything. The rules may even vary from one institution to another within the same company …
Finally, important, highly demanded by companies, the text tends to greatly simplify all consultations and recurrent negotiations now facing employers. Specifically, the bill included 17 current obligations to inform and consult the works council into three consultations (annual), respectively on the strategic directions and their consequences, the economic situation of the company and its policy . Social
Similarly, the text streamlines obligations to negotiate at the company by grouping them into three respectively negotiations on pay, working time and the distribution of value added; quality of work life; management jobs and career paths. By majority agreement, the social partners may decide to group certain themes or modify their periodicity. Annual negotiations may, by agreement, be triennial. However, the wage negotiations will follow a particular treatment: Suffice one union signatory to request that the negotiations on wages finds its annual rate
Careers valued for employees elected.
The bill also includes measures to grant new rights to employee representatives and improve the “recognition” of their course. In fact, to date, accept a representative office staff could create difficulties in advancing the career … and wage inequality. Hence a “vocation crisis” established by the Ministry of Labour who notes an increase in the phenomenon of the lack of representative bodies and increasing the average age of the staff representatives.
In an attempt to remedy this, the text established a national skills development system aimed at employees who hold a mandate staff representative. It provides for the establishment by the State, in consultation with the social partners, a list of skills that will be recognized certification and can be used in the acquisition of professional certifications chosen by the employee.
In addition, in order to fight against wage discrimination which are sometimes victims mandate holders, the bill establishes a mechanism that guarantees the employee to benefit during its elected or union mandate, an increase at least equal to the average of the individual increases seen during this period by employees within the same occupational category.
This measure will apply to all staff representatives whose delegation of hours exceeds 30% of their working time. Finally, to improve the balanced representation of women and men in representative bodies, the text introduces the obligation for lists professional elections include a proportion of men and women which reflects their respective proportion in colleges election.
Failure to comply with this requirement will void the election of the first candidate elected in the order of the list or sex candidates overrepresented in terms of the gender composition should respect the electoral list.
The new premium business accessible to young active
In a different field, the bill also gives effect creating a “premium activity. ” A reform announced it a few weeks ago by the Prime Minister and which has been much talk Francois Hollande Sunday, April 20 during his speech on Canal +. In reality, the premium of activity will be born from the merger of the existing “RSA activity” employment bonus. This new premium will be operational on 1 January 2016 and, according to the ministry, it could affect 5.6 million in assets.
This premium, served in the household means test will include a hand “familialisée” close to the old RSA activity, adding a bonus closely related to individual business income to particularly help those paid between 0.8 and 1.2 times the minimum wage. The amount could reach up to 10% of salary for an employee earning the minimum wage.
It is not yet clear the extent of the public potentially affected. If all young workers under 25 years of age will also be eligible, it will be for parliament to precisely define this population. Working students to finance their education there will they access, and youth learning? For now, it is not expected, but amendments are possible. Still, the financial envelope (4 billion) dedicated to premium activity will not fundamentally extensible.
The personal account of activity, a new stage in the “flexicurity”
According to what had been announced, the bill also includes securing the unemployment insurance scheme of the entertainment. Thus, with this text, for the first time it will be included in the labor code that the specificity of the cinema business, broadcasting and performing arts justifies the existence of unemployment insurance rules intermittent show, and that they are appended to the general rules of the unemployment insurance agreement. And negotiations should be opened between professionals to try to limit abuses in the use of intermittent device.
Finally, under the Act is devoted to “personal business account “the great social idea of the five-year period, according to Francois Hollande. True, but for now it is only embryonic. The objective would be to secure career paths through this activity account that gather together in one individual account key social rights of the holder. This would, in effect, establish a mechanism in which different rights are attached to the person and not the job.
These rights would therefore portable and transferable from one situation to another. This new account is established by combining already existing rights in other accounts: time savings account, in painfulness, individual learning accounts. But also the right to receive additional health, etc.
If this account activity takes shape, it would be a new step in the “flexicurity” French that would a dismissed employee to not lose all rights to the same time. Trade unions and employers organizations will be called upon to negotiate this new law by the end of the year. Then the government will present to Parliament before 1 July 2016 a report on the implementation of personnel activity account in the context of the filing of a bill, so that it has become effective from 1 January 2017. Less than five months before the presidential election …
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