COMPUTER GRAPHICS – Wednesday, Manuel Valls once again use Article 49-3 of the Constitution during the final reading in the Assembly the bill. The Ministry of Labour, advisors are already preparing the implementing decrees.
Out of the tunnel for the government. After five months of protest on all fronts, the proposed El Khomri law was finally adopted on Wednesday. For lack of a majority, the Prime Minister has used for the third time in Article 49-3 of the Constitution. Despite numerous concessions, it will never be able to generate membership on this text, defended only by the CFDT, but booed by protesters unions, employers, right, a large part of the Socialist Group and the majority of french.
the government never managed to get hysterical debates caused by the leak of a first version of the bill in February. This copy assumed a surprisingly frank liberal turn to a socialist end of five years. Far from this initial ambition, the ultimate version of the text appears quite conservative. It does not chambardera social order. Embracing multiple subjects, workers posted to guarantee youth through occupational medicine, the law brings together measures rather technical, the thread is stronger bargaining at the enterprise level.
A bushy law
the text expands the themes of the field on which the entrepreneur and employee representatives may, by agreement, set their own rules. It even establishes the principle of majority agreement – agreements shall be considered valid if signed by unions having obtained more than 50% for elections in the business – and the possibility of using the votes of the employees in case of dispute . As many features meant more responsible corporate actors. To try – in vain – to pass this decentralization of social dialogue with its majority, the minister agreed in parallel to enshrine in law new rights for employees, young people, pensioners … These exercises repeated rewriting give the text a particularly bushy appearance.
to be fully implemented, the law will require 127 decrees. “It starts in battle to lift quickly. We have already started working on it, “we are assured in the entourage of Myriam El Khomri
The law will be considered as definitively adopted if no-confidence motion is passed before Thursday afternoon. What is most likely, given the two previous episodes of 49-3 on the text. The labor law should then face the forks of the Constitutional Council. “At least, we will move towards the referral to the Constitutional Council” has promised André Chassaigne, deputy of Puy-de-Dôme (Left Front). If they are captured on the initiative of sixty deputies or senators, the Sages have a period of one month to rule on the conformity of the law with the Constitution. “There is no constitutional text in this risk,” defended in advance Wednesday Bruno Le Roux, wire leader of PS deputies.
To be fully implemented, the law will require then 127 decrees. “It starts in battle to lift quickly. We have already started working on it, “we are assured in the entourage of Myriam El Khomri. For counsel, there is no doubt that the law will be well implemented before the next presidential election. But for a very limited effect overturn this law or corporate life nor that of employees …
Controversy around an article on secularism in business
this is one of the few additions Senate that the Assembly will be held. In Article 1a A, El Khomri law now provides that “the rules (of a company) may contain provisions enshrining the principle of neutrality and restrict the manifestation of the beliefs of employees”. “This will give legal weight to company rules dealing with secularism, such as Paprec (recycling company),” said Jean-Baptiste Lemoyne, co-rapporteur of the text in the Senate. The amendment was voted unanimously, with the exception of the Communists in the Upper House. He enters “in contradiction with the Constitution, the European Convention on Human Rights and Community law” bemoaned the Observatory of secularism and the National Consultative Commission on Human Rights, demanding the withdrawal of Article. Except surprise, the government should leave the device in the final text submitted to 49-3.
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