Bosses, do not respect the law! It is, somehow, the message sent Wednesday by Pierre Gattaz, number 1 of the Medef, to its members. The purpose of the announced crime: the obligations to the account of the hardship prevention staff (C3P) which will not be applied by companies, assures the president of the employers’ organization. And while six new criteria come into force on 1 st of July. “We do not know how to do,” laments Gattaz to justify his new attack against the C3P. A device that business has continued to fight since it was announced in 2013 as part of the pension reform.
What are we talking about?
introduced by the law of 20 January 2014, the C3P is a symbolic measure of the reform of the 2013 pensions to “compensate” lengthening of the contribution period. His goal: to enable employees exercising strenuous tasks, earn points to get a start in early retirement, work part-time without loss of pay or training to access or not less exposed positions the painfulness. Potentially, 3 million people are affected, according to the Government which identified ten criteria to define what the hardship. Four in force since 2015: night work, repetitive work, alternating schedules or hyperbaric (submarine). And six others, taking effect from 1 st July: awkward postures, manual handling of loads, chemical, mechanical vibrations, extreme temperatures and noise
Thus, according to the rules. C3P and the thresholds set by decree, a security guard working at least one hour between midnight and 5 am at the rate of 120 nights per year minimum will be considered exposed to hardship. Same thing for the chain worker who performs repetitive work “characterized by the repetition of the same gesture at a high frequency and stress rate” . Paid employers to calculate the exposure of their employees. When it exceeds, for one or more risk factors, the thresholds laid down, the employer must report the pension funds. He must also pay two contributions to fund the device: one “basic”, payable by all employers, the other so-called “additional” calculated as the rate of exposure of all its employees.
Why employers do not want to apply it?
Pierre Gattaz, the C3P, he calls “gas factory” is simply “too complicated”, “inapplicable”. Hence his announcement as a threat: “We will not be ready the 1 st of July.” Same speech of François Asselin, the number 1 CGPME who criticizes “absurdity” device . While adding:
“Measuring a painful posture, its intensity, its duration, it is very complicated, especially in a small company where you versatility.”
Hence the request of all employer organizations, denouncing “new requirements” to postpone the entry into force of the new criteria. Especially since, according to UPA, the FNSEA and the CGPME, application of C3P could be sources of “litigation” and “tensions” in between employees .? enterprises
a gas plant, really
Not at all, says the Government, with figures: in 2016, 26,000 companies have played the game of declaration for 500,000 employees as of 2015. Evidence that “works” . According to a survey, 88% of industrial enterprises and construction covered by at least a factor reported applying the device, but half felt that it was “difficult” . Also, remember Marisol Touraine, Minister of Social Affairs, “ simplification measures have been taken, which pass through the branches repositories.”
In fact, Rebsamen law in the summer of 2015, supplemented by the decrees of 31 December 2015 amended the rules on C3P including the establishment of branch standards which companies must be able to refer to assess the exposure of their employees. Problem: apart from the sector “beverages”, no other branch has presented repository, and as they work to reach agreement on the subject since July 2015. Ministry of Labour, however we ensure that “things are going well for several sectors such as water companies, recycling, construction, chemistry or clean” . Ten branches have thrown in the towel, however. “In good faith” , they would be come to the conclusion that “could not do” , assures Gattaz, while employers accused of simply dragging its feet.
is the threat serious?
n is not the first time that business is addressing the hardship. If the first four criteria were adopted on 1 st January 2015, had to wait a year for the other six are placed on the paper. Facing the frond employer, the government pushed to later adoption. But this time, the tone of the government seems to harden. “The chamber can not choose the laws that apply” , countered Touraine, noting that “democracy is judgment [was] not the gates” of management. Even Prime Minister’s speech: “We can not ask the state embodies authority, that the laws of the Republic shall apply, and oneself overcome the laws of the Republic. The hardship, it is a great step forward. “
To calm things down, small alterations, however, were adopted by the last decree published on June 20. “If a company sets up individual or collective protective equipment, exposure to chemical risk may be exercised” , for example, said an official of the Ministry of Labour. Moreover, in practice, companies will have to make their statements early 2017 and will change until September 2017, or 2019 if the change is in favor of the employee. The threat of Medef has time to be lifted by then … I bet that once negotiations on the Labour Law completed, management changes a little tone on the subject.
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