Badinter puts the rights of employees in the heart of the Labour Code – The World

Le Monde | 01/25/2016 at 11:31 • Updated 01/25/2016 at 11:52 | By Bertrand Bissuel

This is the first act of the reform of labor law announced in 2015 by the government. Monday, January 25, Robert Badinter Manuel Valls was to deliver a report that identifies the “essential principles” on which to support the new labor code including the redesign is planned by the end of 2017.

These recommendations, which come from a committee chaired by former Minister of Justice, were eagerly awaited on a theme: the working time. Those who dreamed of a sudden left bar or, conversely, a total deregulation will be for their expenses. The reflection led by Mr. Badinter results in a kind of middle way, which travels between two conflicting requirements: protect employees while allowing companies to face “The digital revolution and the unstoppable globalization of trade” , depending on the formula used in the report’s introduction

Read the report:. Robert Badinter: ‘The respect for fundamental rights, first requirement of labor law “

For a little over two months, Mr. Badinter has sifted all texts regulating the world of work, with the help of eight other lawyers recognized for their expertise on this complex matter. The former Minister of Justice had already delivered such an exercise in his book, The Work and the Law (Fayard, 2015), co-written with Antoine Lyon-Caen, figure of labor law and director of studies at the Ecole des Hautes Etudes en Sciences Sociales. Their goal was “remove the current law guidelines” to restore “clarity (…) and facilitate hiring” . Many lawyers and several unions – including CGT. – Had criticized the book on the grounds, according to them, he relayed the employers’ ideas

This time, Mr. Badinter should not wipe remarks also scathing. In the report, he stressed the founding mission of the Labour Code: give the employee protections that offset its situation vis-à-vis his employer subordination. This is “ensure respect for the fundamental rights of the human person at work” , he said.

To conduct its analysis, the committee said they reasoned “established law” by refraining from “propose new provisions” . However, he did not just deliver a statement of featureless places. Some of the recommendations set out in the form of 61 articles, give margins of new maneuver to intervene in corporate life.

• What changes to the code work?

In terms of working time, there is no upheaval. Reaffirmed the principle of “normal duration” (without saying how much it amounts) applicable to all and which is fixed by law. A “different life” can be introduced in a sector or a company, continues the report, but it is already the case at present: the system of package-day, for example, allows to overcome the 35 hours. The Committee therefore remember that a possibility already granted to the employer. If it wants to benefit, there must be a collective agreement is reached under conditions set by law. In other words, the branches and companies can not do anything if they want to waive the statutory period.

Also, “any employee whose working time exceeds the normal length is entitled to compensation “ (the nature of which is not specified, but may result in a wage bonus). This mention is important from the statements of Emmanuel Macron, Friday, January 22, on the sidelines of the Davos summit in Switzerland: the Minister of Economy had supported the idea that it should be left to the social partners the option of reducing or remove the extra pay for hours worked beyond the legal term.

One of the strongest recommendations of the committee focuses on “freedom to manifest employee beliefs, including religious “. So far, the Labour Code had remained silent on the matter. But this new law is very strictly regulated: restrictions may be made on behalf of other “fundamental rights” or “the smooth operation of the enterprise” .

In this logic, an employer may be entitled to request one of its employees to give up certain practices justified by a belief (eg refusing to shake the hand of a woman or to pray at the place work if it disturbs the smooth running of a service). This recommendation “anchor the principle of secularism in the company , says Valls in World. I welcome and the government will follow the law. “

More generally, the Prime Minister sees the reflection led by Mr. Badinter ” a step founder of the Social Republic that I defend. “ will contribute, he added, to promote collective bargaining and adaptation of rules according to business needs.

• What will the government do?

The sixty articles contained in the report will serve as a preamble to the bill carried by the Minister for Employment, Myriam El Khomri. This text, to be presented by the Cabinet, on March 9, will include redesign the rules on working time

Read also:. A “labor code of the XXI century ” ?

Meanwhile, a commission of experts will be set up to rewrite the labor code. Its architecture will be redesigned on three areas: fundamental rights, raised by the Badinter Commission, the field open to negotiation or branches of businesses, and the law applicable in the absence of agreement