Report two weeks of its presentation in the Council of Ministers, events, meetings PS, record petition last-minute consultations with social partners and youth organizations at Matignon … the draft “on new protections for companies and workers “experienced a turbulent trajectory.
STORIES & gt; & gt; “More beautiful my labor code,” the drama of a complicated reform
The initial version of the bill reforming the labor code, unveiled in February, considered too favorable to the employer and insufficient protection for the employee had cringe into the ranks of the majority.
Last week, after rewriting, Prime Minister Manuel Valls had praised a reform “intelligent, bold and necessary”, which must respond to the mass unemployment (3.5 million unemployed) ” which our country has become accustomed too long. ” “Do not change anything, make the choice of the status quo in a changing world, it would condemn our social model”, he explained.
A reform that encourages the negotiation
text Philosophy of 52 articles, which completely rewrites the part of the Labour Code on working time is to “relax and adapt the company through collective bargaining”, giving pride of place to the company agreement. Current law will be much changed on some points … if employers and trade unions manage to hear.
For example, the development of employment agreements (also called “offensive” agreements) allow companies not meeting special economic problems to do more work for their employees the same pay. Another example is the possibility, by enterprise agreement, set a rate of increase overtime only 10%, even if the branch agreement provides for a higher rate.
To legitimize such agreements “bottom”, the government is introducing a new majority requirement, ie to be valid, agreements should now be signed by representatives of trade unions 50% of the votes in last elections, against 30% today. It also introduces the corporate referendum on the initiative of trade unions having failed to reach the famous new 50% (provided they represent 30% of votes). A new form of validation agreements, therefore, direct consultation of employees, but reserved for unions. Impossible for the employer to unilaterally decide to hold a referendum.
Rewind and overhaul
To meet the wishes of the majority who will look at the text at the meeting, and to attract the support of unions reformists (CFDT at the top), the government has made some arbitrages before the passage of the text to the Board of State just a few days.
For example, in the initial version, the employer acquired a unilateral power in terms of splitting time off. This is no longer the case. More question either to grant the possibility for SMEs with fewer than 50 employees to sign a single individual packages convention days with their employees. Although, in theory, the employer could not impose this way of working time to its employees, as their agreement was necessary, difficult to imagine that they would have always had their say.
also removed the cap on allowances industrial tribunal for unfair dismissal, measure applauded by employers, but casus belli for unions. Instead, the tribunal members will be based on the scale “indicative” Macron provided in the law, the decree of application should appear in the coming weeks. “No judge of the labor court will never apply this scale, already warns lawyer Mai Le Prat. In the industrial tribunal of Paris, counselors are already resistance by boycotting the reform of the employment tribunal procedure established Macron by the law. They continue to operate exactly as before. Then a scale indicative allowances, do you think … “
another controversial article, one on redundancies, was rewritten margin, emphasizing the role of the judge to control abuses. “Can not be a just cause for dismissal on economic grounds of economic difficulties created artificially for the sole purpose to make job cuts,” Is it now clear.
STORIES & gt; & gt; Work Act: what’s left after the changes announced by Manuel Valls
Some rights new
The law also creates personal account activity (CPA). The CPA is a kind of “occupational social security”, on which the person could count whatever turns undertaken in his career (transition from salaried to independence, business change …). The unions are the government’s lack of ambition by not including time savings account. Employers’ organizations, for their part, are protesting against the inclusion of hardship in this CPA account.
Among the advances for employees, the government also highlights the new version of the occupational medicine, under the bill. A medicine that is more concentrated on the most “risky” businesses. Professionals already protesting, including foreseeing a decline in prevention of psychosocial risks.
Unions on edge
If the government can now count on the approval of a majority of PS deputies, “somewhat satisfied” with the changes, the project continues to wipe critical slingers, their leader Christian Paul promising “an extremely firm parliamentary battle.”
And if the unions called “reformist” (CFDT, CFTC, CFE-CGC, UNSA) are less virulent, they still call for changes, particularly regarding the article on the redundancy. The CFDT has warned that she was not a “blank check” to the government.
Meanwhile, the CGT, Solidaires, FSU, Fidl, the UNEF and the UNL, continue to demand the withdrawal of the reform and its “multiple regression” for employees. After mobilizing tens of thousands of disgruntled on 9 and 17 March they have planned “mobilizations” today especially, strikes and national demonstrations on March 31.
Employers grumpy
Exercise seems all the more difficult for the government, the employers, who threw in a voice almost unanimous March 22, a “solemn appeal” to the Prime Minister to return to the first version, is also very reassembled. It broadly welcomes the reform of redundancy, agreements of employment development, and the possibility to validate corporate referendum arrangements. But for the rest, it gets stuck. Among the claims of Pierre Gattaz and others, recovery capping industrial tribunal claims. But also the ability to enter into agreements with staff representatives without obtaining the entrustment of a union.
The text will be examined by the Social Affairs from April 5.
No comments:
Post a Comment