EXCLUSIVE – Transport, regulated professions, retail: the draft law Macron presented Wednesday by the Cabinet, affects a wide range of industries. Overview of recent arbitrations
.
Sunday work
Despite the grumbling unions and part of the PS, the text still plans to increase from 5 to 12 the number of Sunday openings authorized by the mayor. But Emmanuel Macron shows ready to revisit this figure during the parliamentary debate. Bercy also remains determined to create “International tourist areas,” where Sunday work, and every evening until midnight, will be allowed. This device is intended to overcome the reluctance of the City of Paris to allow Sunday opening of the Champs Elysees and the department stores on Boulevard Haussmann (Galeries Lafayette and Printemps), but the executive is also looking to apply it to Other areas in France as Mont Saint-Michel. Also new text: Sunday opening of stores in large stations. Twenty stations should be concerned, against ten out.
The main surprise of the text unveiled Wednesday regard to the final compensation for employees. The key principles of voluntary and mandatory counterparties (salary, rest, etc.) will be well-posed. But after plans to exempt, on behalf of the defense of small businesses, small businesses with fewer than 20 employees, the Executive has finally decided to refer the matter to the branches of negotiations, businesses or territories. Charge the social partners, which will have three years to conclude an agreement, it set itself the mandatory counterparties and any businesses that would be exempt.
regulated professions
Facing the sling of the legal profession, the government is determined to stay the course. No question Bercy leave this part of the bill at the Chancellery, as demanded by the professions concerned. The aim is threefold: to lower prices by bringing the real costs, open up the capital of private practice firms and establish a free installation framed to increase including the number of notarial offices. It is on this last point that the State Council had reservations. In the original text of Bercy, each notary can apply to open a new study in the place of his choice. The Chancellery may refuse using two criteria: “continuity of existing offices exploitation” and the fact of not “compromising the service rendered” . It is the Competition Authority with the preparation of a map of notaries to delineate areas where the number of studies is sufficient and others.
This is the criteria used to establish the mapping that the text could change. As well as the rules for compensation for professionals who feel wronged. This part of the bill is crucial to the government because without free installation, the number of notaries may remain the same, and therefore have no effect on prices.
Commercial Courts and lawyer business
Contrary to what was suggested Emmanuel Macron last Friday, the company lawyer status was maintained in text. Similarly to the commercial courts: the essence of the reform is to say, the presence of lay judges on appeal and specialized commercial courts to repatriate the biggest business in the most important courts, has was kept in the bill. Bercy said he wanted to preserve the coherence of the text also includes following the reform of the bankruptcy proceedings, including divestitures.
Modernization of social dialogue
The outcome of the negotiations on the modernization of social dialogue is too uncertain and too late (a final round of negotiations to be held in January in an attempt to reach an agreement), the Government chose not to integrate the implementation of any agreement in the Macron law by amendment as originally planned. A draft ad hoc law, led by François Rebsamen, will be presented to Parliament in the first half of 2015.
Employee savings
To boost employee savings in SMEs with less than 50 employees, the executive wants to establish a lower social package (it is 20% of the deposit) in enterprises through a profit-sharing agreement and participation in the first time. This reduced rate will be the same for all companies with fewer than 50 employees, is under discussion.
Pensions hats
The government plans to legislate by amendment to end some hats pensions whose amounts are considered excessive. This desire for reform comes after several successive controversies this year, including the revelation of the amount of the retirement hat Gérard Mestrallet, CEO of Suez Environnement, and that of Didier Lombard, former CEO of France Telecom. Bercy expects the recommendations of the report of the Inspectorate General of Finance, by the end of the year, to draft an amendment that government is expected in January, at the time of submission of the text to the Assembly.
Buses and highways
The text aims to liberalize busing far restricted to the extreme, allow to connect more easily the major cities of France. These new services will coach, says the government, a lower price than the train and enable young people deprived public or to move more easily.
Also in the field of transport The bill to extend the powers of the Araf (regulator of rail and road activities) in setting tariffs motorway tolls and works on motorways.
dismissal rules
For the executive, it is necessary to specify the rules of a backup plan of employment (PSE) such they were written in the law of 2013. The bill authorizes the employer to unilaterally set the order of dismissal criteria. In addition, these criteria can be set at a level lower than the company, for example at the facility. In the same vein, the text provides for the abolition of the criminalization of the offense of obstruction that makes red rag office for many international investors.
Retail
The device of “structural injunction” contained in the law is a replica of what has been established overseas with Lurel law. It allows the Competition Authority to issue a store surrender requirement for distributors who possess over a given catchment area, more than 50% market share and whose presence would have an excessive impact on price and margins, without an abuse of dominant position has so far been characterized.
No comments:
Post a Comment