Despite its final adoption, Thursday, July 21, labor law always talking about her. The Constitutional Council censured five secondary measures of labor law. Two of these measures are substantive devoted to social dialogue in the franchise business and trade union premises, and three on the form, has he announced Thursday, August 4.
However, the Sages n have not agreed with the appeal by 61 members of the left, who considered the use of 49.3 as a breach of parliamentary debate. The Council noted, however did not examine the other articles of the Labour Law, which will “be the subject of priority issues of constitutionality” .
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Article 27 on “the right to compensation”
both censored articles on the merits had been attacked by LR and UDI parliamentarians. The first contested provision, mentioned in Article 27, opens “the right to a special compensation” in favor of a union forced to leave its premises, at the request of the local community which had the made available. This “compensation obligation” account if the premises were occupied for at least five years and no alternative has been proposed. The LR and elected IDUs think that such a measure tramples “the principle of free administration of local authorities” as it “is akin to creating a cost item to general “
- the opinion of the constitutional Council.
the Council has not called into question the principle, but felt that the instance running costs should not be attributed only to franchisors, this provision for “a disproportionate interference with freedom of enterprise” .
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Article 64 on social dialogue
Second measure challenged by the opposition MPs: Article 64. it establishes, under certain conditions, “a forum for social dialogue” in franchise networks – such establishments which bear the mark of a sign (the franchisor) and enjoying the assistance of it, on payment of a fee. Such a body, chaired by the franchisor, including representatives of staff and franchisees. It makes proposals “likely to improve working conditions, employment and vocational training” . Thus implemented a “principle of participation” of employees (in networks employing at least 300 people).
Now, for such a principle can apply it must demonstrate a “working community” plead elected LR and UDI of the Palais Bourbon. According to them, this condition is not met in this case
- The opinion of the Constitutional Council.
the Council did not question the principle, but felt that the instance running costs should not be attributed only to franchisors, this provision for “a disproportionate interference with freedom of enterprise “
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the censored articles about the form
the three articles censored on the form relate to the resources of the Joint Fund of career security (FPSPP), on the terms of the supplementary health coverage, and the possibility for companies with fewer than 50 employees to deduct from their taxable profits a sum equivalent to the benefits likely to be later due to employees for dismissal without just cause.
the constitutional Council considered that it was riders (items unrelated to the original text) and legislative funnels (amendments to articles already approved comply with the two rooms).