Thursday, February 18, 2016

Liberalization of the labor market: Macron has dreamed El Khomri can do it – L’Express

Emmanuel Macron has just been rob the role of taboo breaker. With its law to growth, economy minister has facilitated work on Sundays, put more buses on the roads, pushed bailiffs and notaries. He also wanted “fundamental reform” of the labor market. Disgrace. This is the “bill to establish new freedoms and new protections for companies and assets,” Myriam El Khomri, which attacks the fundamental totem of the Labour Code.

35 hours weekly: relegated to the museum

The 35-hour “misconception” of the left of believing that “France could be better, by working less, “Emmanuel Macron launched in the summer of Medef. In appearance, the misconception is still relevant in the preamble to the law, which holds the legal period to 35 hours. But working time, he is caused to extend.

The minimum premium is 10%. Certainly, on this point, Emmanuel Macron wanted “to go further” in order to “have almost no overcompensation”. But El Khomri law blew a few locks. Extending the maximum duration to 60 hours weekly, already possible for exceptional circumstances can now be without the consent of the Labour Inspectorate .

Other relaxation: the maximum working week barring exceptional circumstances would increase to 46 hours, 44 against, and would be calculated over 16 weeks instead of 12. Blows necklace more intense and longer but not necessarily better paid. “How to calculate overtime if such periods are included in an annual work time?” Worries for L’Express Oussedik Mohamed, member of the executive committee of the CGT, “there is more than 35 hours! ”

35 hours also in bad shape in the TPE-SMEs , which could use the day package to remunerate their employees based on days worked, rather than weekly schedules. While apprentices could work up to 40 hours weekly, without consultation of the labor inspectorate.

CDI: even cheaper to break

By capping prud’homales compensation for unfair dismissal, Emmanuel Macron wanted to reassure employers, for whom CDI is an overpriced contract to break. This is the “security” of the CDI requested by the head of Medef Pierre Gattaz. In its legislation, the Minister of Economy therefore proposed a compensation scale based on the seniority of the employee and the company size.

The measure proposed by the Minister of Economy had been censured by the Constitutional Council, as the employee of a large company would touch more than a little for a similar reason for dismissal. The El-Khomri bill does not include this distinction in business size but shows less generous ceiling term . Where Macron law provided a maximum of 27 months of benefits, it is limited to 15 months for all companies. “This bill is going in the right direction”, has declared Pierre Gattaz.

To encourage employers to hire, as requested by the government, the lower cost of dismissal to the Labour Court is complemented by a redefinition of economic redundancies . It might now be possible without proven economic difficulties as part of a “reorganization of the company necessary to safeguard its competitiveness.” Mohamed Oussedik, “this is the end of redundancy”.

Unions: shorted

In these relaxations on the functioning of the labor market are other reforms in the heart of the business, including the possibility of signing agreements with unions representing only 30% of the vote of employees in professional elections, provided they are approved by referendum by a majority of employees. Smart case, where workers threw themselves 35 hours to the dogs. “In everything becomes negotiable, it is possible to deviate from the law. It is only in the absence of agreement it would apply,” notes Mohamed Oussedik. These agreements easier to obtain are therefore to the advantage of the employer.

largely marginalized unions in the company, especially as jumps veto they can exercise if they are the majority. “There is every dream employers concentrated,” said Mohamed Oussedik. Without Emmanuel Macron is to maneuver. “This is Manuel Valls who is convinced that the majority unions prevent firms to grow,” said the trade unionist. Good player, Emmanuel Macron estimated meanwhile that the proposed El Khomri law is a “major reform” offering “more flexibility, more flexibility, and redesigned protections”.


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