After months of protest in the streets and in Parliament, the government has once again used Article 49-3 on Wednesday to review the final text before MPs
ZOOM the government had once again use Article 49-3 on Wednesday to the final reading of the text on labor law. / Pascal Guyot / AFP
the government had once again use Article 49-3 on Wednesday to the final reading of the text on labor law. / Pascal Guyot / AFP
The government pledged Wednesday, July 20 accountability to the Assembly during consideration in definitive reading of the bill of reform of the labor code. If no confidence motion is filed within 24 hours, the text will be finally adopted.
The legal working hours will remain 35 hours. On spatial working hours, company agreements prevail in most cases.
The ability to switch to a weekly average of 46 hours of work (instead of 44) for 12 weeks which currently requires branch agreement and decree, will be relaxed: a company agreement suffice
in fixing the rate of increase overtime, the company agreement will prevail over the. branch agreement. This rate can not be lower than 10%. The branches, which usually charge 25% will lose can their “lock” .
Negotiations will be held in each branch in two years to define the themes that enterprise agreements can not be less favorable than sectoral agreements (except where the law provides for the primacy of the company agreement).
& gt; Read: Work Act, the government made a gesture
In both areas, equality between women and men and arduous, the company can not do worse than the branch. However, the rate of overtime pay will be negotiable in business, contrary to the requirements CGT and FO.
A business agreement must be “majority” (signed by unions representing more than 50% of employees in professional elections). absence of a majority, minority unions representing at least 30% of employees can request a referendum within the company to validate an agreement.
Agreements ‘offensive’ for job
companies will be able in the future to adjust their organization to “preserve and develop employment” . The majority agreement take precedence over employment contracts, including in terms of pay and working hours. The monthly salary of the employee shall not be diminished, but premiums for example may be affected.
Employees refusing such agreements will face dismissal for ‘special reason’ , following the procedure of individual dismissal for economic reasons but without rehabilitation measures.
the criteria redundancies are specified in the law and differentiated according to company size.
There may be redundancy in case of “significant drop in orders or sales,” , compared with the same period of the year previous. This will have to fall is at least a quarter for a company with less than 11 employees, two consecutive quarters of a business from 11 to 50 employees, three quarters for a company of 50 to less than 300 workers, four quarters for a company with 300 or more employees.
the scope of the economic difficulties of a company will remain fixed by law, with an appreciation internationally.
the professional branches will negotiate the applicable standard agreements unilaterally by employers of less than 50 employees.
in companies without union representation, employers will negotiate with employees mandated by a union on any matter that may be agreed.
Account activity staff (CPA)
Presented as a great social reform five years, the CPA will gather from 2017, the training staff account (CPF), the arduousness account (C3P) and a new “citizen engagement account” . It will be open to retirees.
For young people who are neither in employment nor in study or training, it provides for the generalization in 2017 “right” to the youth guarantee means tested. This translates into increased support towards employment and a monthly allowance of € 461 for a year
& gt. Read: Work Act, the “principle of neutrality” in the company
The systematic medical in hiring is removed, except for risk positions.
the text reinforces the obligations of owners and principals in case of recourse to providers established abroad.