Labour Code: the main measures of the report Badinter – Les Echos

An overview of the main “core principles” of labor law adopted by the Badinter Commission:

Liberties and Human Rights in Working

The report reaffirms the general principles, such as the guarantee of “fundamental rights and freedoms of the person”, the “respect for human dignity” or of privacy In work. In particular must be guaranteed:

– “professional equality between women and men”

– “freedom to manifest employee beliefs, including religious, “but on condition that this be reconciled with the freedom of others and the” proper functioning “of the company

Must be prohibited: the” discrimination “; “moral or sexual harassment”; the use of “minors under sixteen years”, “unless otherwise provided by law”.

Training, implementation and termination of the employment contract

– The indefinite employment contract is the norm, the CSD is governed by law and the trial period must be “reasonable”

– Dismissals must be justified by a “real cause and serious” and give “right to compensation”

-. In case of redundancy or physical unfitness the employer must “strive to reclassify” the employee

– Pregnancy:. employees are entitled to maternity leave before and after childbirth

<. itemprop p = "ArticleBody"> – Right to vocational training throughout life

. – The employer provides the employee adaptation to changes in employment.

Pay

– A minimum wage is set by law

– The compensation should allow “living conditions worthy”

-.. equal work, equal pay

Working Time

– “The normal working time is fixed by law. “

– The law determines the conditions under which collective bargaining agreements may retain a different duration

-.” Compensation “is Mandatory beyond the normal duration

-. The law sets limits on daily and weekly working hours of work

-. Paid leave Annual and daily and weekly rest – “given Sunday”, “unless exemption”

-.. Night work is regulated by law

Health and safety

– Obligation for the employer” ensure the safety “of employees,” protect their health “and” prevent risks “

-.” specific guarantees “in the event of accident or occupational disease

-. The employee a “right of withdrawal” in case of grave and imminent danger

Group Freedoms and Rights

. – freedom to organize and exercise of trade union activity, or to organize into professional association

-. “protective status” for union representatives

– information and consultation right of union representatives on decisions affecting the general operation of the enterprise and working conditions

-. Right to strike in under the law

collective bargaining and social dialogue

-. “Prior Consultation” social partners on any labor law reform project that falls within the scope of national and inter-negotiation

– Terms of representativity of the signatories to an agreement established by law

– In case of conflict of norms, “the most favorable applies to employees,” if the law does not provide otherwise

. – “The clauses of an agreement or a collective agreement apply to employment contracts. “

– The more favorable provisions of the employment contract shall prevail unless the law provides otherwise

Administrative control. and litigation

– Employees as unions can enter ad hoc bodies in case of conflict. Disputes can be “brought before a court composed of qualified judges in the field of labor law”

– “Inspection of work ensures the application of labor law. “

FOR MORE INFORMATION:

DOCUMENT The full report of the Badinter Commission

Source AFP