Wednesday, July 6, 2016

Then, it changes what finally the El Khomri law? – L’Usine Nouvelle

  True reform: more flexibility to arrange working time

 Restore flexibility to the ground … The very long article 2 of the Labor law permits unions and employers to reach agreement at the enterprise level, on working time, even if this agreement is lowest bidder, socially , than the professional sector. In practice, this will concern mainly overtime, which can only be increased by 10% (but not less), even if the branch provides, like the law, a 25% increase. Opponents fear a social dumping within the same branch, labor costs will not be the same. May also be a company agreement rest periods, paid holidays. The law (Article 13) does not allow the company agreement to waive the branch agreement on wage minimums, occupational classifications, funds vocational training, supplementary collective guarantees, the hardship and the gender equality. On other matters, it is the branches that will grant or not to the agreements the possibility to derogate from their rules.

 However, not affect the statutory working hours, which remains 35 hours per week – this is an average, which can be recognized on a three-year period against a year now, so this gives the industry flexibility with business agreements. Exceptionally, in case of increased activity, working hours may, by enterprise agreement, be increased to a maximum of 12 hours a day (instead of 10 current maximum). Or 46 hours a week (instead of 44) for twelve weeks. In the latter case, a company agreement will be enough (it was an order or a sectoral agreement so far). Other changes to working time: the law specifies that should include a company agreement on packages-days, including procedures for monitoring the workload

  More difficult to obtain company agreements for an employer

 To be valid, company agreements must gather the signatures of unions having obtained half the votes in workplace elections. So far, they had to have collected at least 30%. The employers immediately concerned that this increased demand is blocking the social dialogue. The law therefore introduced Khomri El corporate referendum: if a deal gets signed, representing 30% of the employees union, the signatory unions – not the employer – will hold a referendum. If 50% of the employees participate, the agreement will be deemed approved therefore majority. Reminder: only the union representatives appointed by their union, are authorized to sign agreements. In companies with fewer than 50 employees, where they are often lacking, an employee may be appointed by a representative trade union to sign an agreement.

  Agreements competitiveness allowed to develop employment

 Employers claimed the long time, especially in the industry: the law creates agreements “preservation or development of employment” (Article 11). When the company needs to develop, and even if it does not encounter economic difficulties, it can negotiate with its unions an agreement for new organizations of work, more hours of work, for example. The monthly remuneration can not be downgraded. These agreements will be limited in time but can still be signed for 5 years. They impose the employment contract: the employee who refused to comply would be dismissed, and his dismissal would be an individual dismissals for economic reasons (without type plan accompaniment of job protection). Like the others, these agreements will be the majority.

  Secure redundancies legally for employers

 The law defines the difficulties justifying the economic dismissal. A company will not fear from being condemned for dismissal “without just cause” by the courts if it is part of one of those situations. Article 30 differs according to company size. In less than 11 employees, just a quarter of declining sales or backlog (compared to the same quarter of the previous year). 11 to 49, it will take at least two consecutive quarters of decline, at least three more in 50 to 299 employees of businesses in four over 300. The observed economic scope remains the world, like today.

 No details on the importance of the fall, members have withdrawn the 30% rate introduced by the Senate. The lawyers insist that the judge will remain free of interpretation, especially on figures provided by the company. El Khomri The law also recognizes the economic character of a pronounced dismissal to “safeguard the company’s competitiveness”, which the judges were already.

  More ways for unions

 To sweeten the pill, the government has not forgotten the small steps that please the unions. Stewards have their hours of Delegation increase of 20%. Depending on the size of the company, they spend 10 to 12, 15 to 18, 20 to 24. Trade unions can use the intranet to distribute their leaflets and use of digital tools in general. Local authorities will make premises available to trade unions, a provision is expected to save the labor exchanges.

  A medicine amputated some missions work

 The surveys necessary for hiring and individual support will be reserved for employees assigned to positions “particular risks to their health and safety” (or others), whose night workers. Their monitoring will be even stronger than today. But it is the end of medical visits for other employees, who will settle for an informational meeting by nurses / nurse. Opponents of the law fear that burnout situations are not known to the medicine. Faced with an overflowing medicine obligations and missions it could no longer fulfill, the government wished to guarantee monitoring of the exposed workers, even sacrifice others.

  A multitude of other topics

 The more it was debated, the more this law became tote. A change made by the senators has been preserved: it allows the internal rules of a company to establish a principle of “neutrality” in the workplace. The deputies removed the obligation to pass this addition to the settlement by a company agreement, it may be decided unilaterally by the employer. Is covered without being named, the expression of his religious beliefs. A position contrary to what was said so far jurisprudence. The Act implements the personal business account, created by Rebsamen law. The young and the most vulnerable people will receive extra training hours. The “youth guarantee” is widespread: all under 26 years in precarious situations will benefit from support and financial aid

 The right to disconnect enters the labor code, social responsibility vis-à-vis their platforms self-employed is known (somewhat vaguely, that’s a start), an instance of social dialogue, without real power, is created in the franchise. Leave for death of a family will be longer. The agreement between employers’ organizations on their representativeness is officially recorded by law. The branches can write standard agreements for TPE-SMEs, which is also created a “territorial public service access to the law.” An agreement may shorten the notice period penalty payments, which will remain 15 days otherwise. Finally, pursuant to the commitment of Myriam El Khomri, the law contains a series of measures recommended by the EESC to develop social dialogue in France, especially reports, information sheets.

  We talk no more, it has disappeared from the law El Khomri

 More cap prudhommales allowances (an indicative scale will do), or perimeter France to judge the validity of the economic difficulties of a business or day-package signed by mutual agreement between employers and employees in small companies (there will, as now, a company agreement), or 40-hour week for minor apprentices. The part-time remains at 24 hours minimum, a sector agreement may provide less, like today. We no longer speak to overtax short CSD. This track should have been discussed by the social partners within the framework of negotiations on unemployment insurance, but it was not successful.


 The censure motion must be filed within 24 hours, so by Wednesday 3:15 p.m. then discussed and voted on within 48 hours. The text will therefore leave the Senate by the end of the week. In the absence of motion, as seems likely, the text will be immediately sent to the Senate, which has no intention to address the government amendments. The last word will be up to the National Assembly. final reading scheduled for July 20, after the question time and the end of the special session and the parliamentary recess, scheduled for 22.

  Cécile Maillard


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