“A lie is in the process of installing ” Florian alert Borg, president of the Union of Lawyers of France: believe, as maintained by Emmanuel Macron, the minister of the economy, as “capping damages for unfair dismissal promote employment”
<. p> The creation of such a scale is provided for by law Macron growth and activity, which will be adopted definitively Friday, July 10, by the use of Article 49-3 of the Constitution. It therefore concerns the dismissals without just cause, except for dismissals in cases of harassment, discrimination, nullity of redundancy. ETC
Read also: Macron Act: a third use for a 49-3 final adoption
The scale, subject to “government amendment last minute, drafted without any consultation with the unions “, says Borg, considers only two criteria: the employee’s seniority in the company – less than 2 years, 2 to 10 years from 10 years – and the size of it. – those with fewer than 20 employees, those between 20 and 299 and those of more than 300 employees
News forks
In the current system, the industrial tribunal advisors agree instead a full compensation based on several factors such as the employee’s age, qualifications, family situation, or its likely difficulties in finding a job. These factors therefore be more taken into account that within the new ranges provided in the grid.
Inscribed in the Labour Code, the compensation of six months’ minimum wage for a worker with two years of seniority in a company with 11 or more employees, is evacuated.
So for an employee with between two and ten years of service, the range goes from 2 to 6 months of allowances in less than 20 employees, but from April to October months in firms with 20 to 299 employees.
“Eradication of a fundamental right”
This reform is “eradication of a fundamental right to full compensation for a fault committed by an employer” , denounced Mr Borg. His union, as well as that of the judiciary, the CFDT, CGT, FO, CGC, UNSA and Solidaires launched a petition that collected 20,000 signatures to say “No to impunity employers yes the right to full compensation . “
” Limiting compensation for damage is questioning the principle that the person who causes damage is obliged to repair entirely , “it said in the text, which calls for the withdrawal of the measure.
This is the ” the door open to abuse “, said Mr Borg. It is enough, he said, the employer advances a “bogus grounds ” or no reason to dismiss an employee. The new schedule will apply, “without having to go through the judge” . And at a cost which, according to counsel, “is, in 60% of cases, less than what is practiced today” in the labor courts.
“An earthquake”
For the Union of Magistrates, “which is challenged, it is also the office of judge, the words of Patrick Henriot, a member of the union council. So far, our role was to assess whether the employer had been misconduct and if so, assess the amount of compensation, which is different from one employee to another. With this cap, half the work is taken from us; we will not have to assess the damage. For us it is an earthquake, an outrageous measure. “
Usually rather wise face of government policy, the CFDT is also very rise against this measure which establishes, according to Marie-Andrée Seguin, national secretary, ” a real Employer impunity . “
” We are told that this is also unclog the courts , she adds. Now it is clear that if we do not get satisfaction for an employee, we will pick all remedies, relying on the grounds for exclusion from the application of the scale, such as harassment, that which will lengthen the duration of proceedings. “
Referral to the Constitutional Council
According to the CGT, 81% of employees are affected by this reform. The latter, instead of having an effect “benefactor on employment, will instead damage the strongly securing the company may wish to budgeting unfair dismissal, so it would be enough to force employers to reinstate all workers who fall victim to have beneficial effects on employment, “ underlines Frédéric Paré, advisor CGT employment tribunal in Paris. For the unions, which have “helped elect this government says left, it is a betrayal! “, he says.
But the petitioners did not give up. If the Constitutional Council is seized, the Union of Lawyers of France plans to produce a memory for “enlighten judges” .
The Union of Lawyers of France and the Union of Magistrates filed before the Constitutional Council a memorandum to challenge the constitutionality of the measures capping the compensation due in the event of dismissal without just cause. This memory will accompany Council referral announced by parliamentarians.
If this referral fails, unions could challenge the Court of Justice of the European Union.
Read also: Nine points of tension on the Macron law
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