Wednesday, February 17, 2016

Labour reform: the key measures in Bill El Khomri – Le Parisien

Catherine and Sébastien Gasté Lernould | | Update:

Maximum working time, packages day agreements competitiveness-employment: the project of El Khomri law on collective bargaining, labor and employment gives a hand to companies

the time spent working on. roping

El Khomri bill will allow companies to negotiate tomorrow to map the working time.

For if it does not affect the legal term, it will give out to employers that can be used easily with many exceptions that surround the 35 hour rule by establishing agreements. The detail of the bill here

Lower wages against job creation

There are already so-called agreements “job retention “. This device allows companies struggling to adapt working hours and compensation of employees, upward or downward, in exchange for maintaining employment for two years. Tomorrow, up to agreements “for the preservation or development of employment.” At the corner of Article 12 of the El Khomri bill, the government decided to expand the range of possibilities. It gives the green light for agreements famous competitiveness says ‘offensive’ claimed for years by the MEDEF. What is it about ? According to the text, whether to preserve employment in times of economic difficulty or develop employment to out to conquer new markets, the company may decide to adjust working hours and wages its employees. The period during which the terms of their employment contracts are in brackets may be up to five years. As for employees who refuse these efforts, they will be fired for “just cause.” And not to dismissal says economic, with all the “benefits” that come with it.

Referenda to validate agreements

Blocking by unions of agreement on Sunday working at Fnac remained in the craw of the government. After this episode, the Minister of Labour announced that it would enter into its law through referendum, hitherto Advisory, to make the majority of company agreements. A real revolution. But before doing this, an agreement can still be validated by the unions. Unless the government changes the threshold at which an agreement is accepted. Today we need the text to be approved by unions representing at least 30% of the votes cast at the last professional elections. The bill provides that the bar is raised to 50% of votes cast “in favor of representative organizations”. At the same time, the right of opposition, which had allowed the majority unions to block the deal at Fnac, disappears. If agreement is not reached the new 50% mark, trade unions can then ask the employee consultation to seek validation. But not right now. Within eight days is set up to try to find “any signatures other representative trade unions” to cross the fateful threshold again. If it does not, the referendum is held. And if more than one in two employees said yes, the agreement is then validated

Wrongful Termination. Capped the payments

It was one long-awaited measures by employers. The new scale for unfair dismissal, which will be based on the employee’s seniority, is now set in stone. According to the draft law Khomri El, capping benefits supralégales pronounced in case of labor disputes becomes mandatory. Clearly, the judge, who previously was free to set the amounts according to the injury, will be forced to apply to the letter. The schedule is as follows: three months’ salary if the employee’s seniority in the company less than two years; six months if seniority is at least two years and less than five years; nine months’ salary if the employee’s seniority is at least five years and less than ten years; twelve months’ salary if the employee’s seniority is at least ten years and less than twenty years; fifteen months salary for at least twenty years old. However in case of “mobbing”, “discriminatory dismissal” or “injury to dignity”, the judge will retain the discretion to decide the amount of compensation. The risk is that lawyers, as judges, overall very angry against this product, seek all ways around.

The entire bill El Khomri


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