He was expected to turn. The government has delivered a new version of its draft reform of labor, March 14, 2016.
The reformist trade unions (CFDT, CFE-CGC …) are cautious about ads of Manuel Valls, say they are waiting to “see the text in the details.” As for the more “hard”, they maintain their desire to indent text. What new version was concocted? An update.
1. The scale of the Labour Court made optional
All the unions showing themselves hostile to cap industrial tribunal compensation for dismissal without just cause, the government finally returned it. Would set up an indicative scale, so that the judges could decide to follow or not.
What can it be used to legislate on the same thing a few months apart? That is the question. For the growth and activity law (Macron law) from August 2015 … already provides an optional repository, seniority, age and the circumstances of the applicant in relation to the job! This was to be established after consultation with the Supreme Council of probity, by decree of the State Council. Decree which was never born … so, so, obviously, to vote again to the same extent in the labor law.
2. Top lined redundancies
The draft law states black on white the grounds for a redundancy, including four consecutive quarters of revenue decline or two consecutive quarters of operating loss . Apart from the CFTC, who believes that this is consistent with current case law, unions criticize this formulation to leave no discretion to the judge. But the government decided not to listen to them on points, leaving the tests in the state.
No retreat, however, it is reviewing its copy on some other measure criticized for redundancy: the introduction of a new scope of assessment of the economic difficulties of the company, a national and not international level, which threatens trade unions with a view to stock dismissals organized by generally prosperous groups. “The judge will verify that multinationals do not artificially structure their economic difficulties on the French territory for dismissal, said Matignon. If it is determined that financial difficulties have been organized artificially, layoffs will be reclassified as dismissals without real cause and serious “.
3. The ability to simply conclude packages days in SMEs deleted
SMEs with fewer than 50 employees earned in the draft law, the possibility of concluding day package of individual agreements with their employees without collective agreement (branch or company) beforehand. The government returned to the faculty. The SME manager would not take unilateral decision on call matter. Overall, the labor law for SMEs not signing agreements, will not move.
4. The Corporate referendum restricted the field of working time
V1 of the draft law provided a majority requirement (50%) to collective agreements. But left open the possibility for the signatory unions representing 30% of the votes in the last elections to initiate a referendum to try to confirm the agreement by employees. The government does not return it. But indicated that this new rule would be applied initially in the chapter on working hours.
Today, a collective agreement to be valid, must be signed by unions representing 30% of the votes cast at the last professional elections, and do not arouse the opposition of unions having collected 50% of the votes in the last election.
5. The apprentice working time mastered
According to the initial version of the draft law, in certain sectors, employers would no longer have to ask the permission of the labor inspector and of occupational medicine to their apprentices work up to ten hours a day, to a maximum of 40 hours per week. This relaxation is deleted.
So, the rule would remain 8 hours per day and 35 hours per week maximum, unless waived by administrative authorization.
6. The personal account activity (CPA) muscled
Presented as the great social advance of the five years, the CPA will be implemented in 2017. It is a kind of “occupational social security” to which the person could count whatever turns undertaken in his career (transition from salaried to independence, business change …).
The draft law in its original version provided for the establishment of a fairly “light” device, bringing the account staff training and the arduous account. The idea of government is to take the time to set up the frame of the device, before going further.
The unions (notably the CFDT, CFTC and CFE-CGC) demanded the integration time savings account to the CPA. But the government has not made this choice. He will remain well outside.
Furthermore, the ceiling of the training staff account (CPF) (integrated CPA) will be raised from 150 to 400 hours for employees without a degree, allowing them “to access an additional level qualification every 10 years. ”
7. The warranty extended youth
The young warranty will be extended, and become a right for all young people without a job or training. Currently, it is for “dropouts” from 18 to 25 who have left school without qualifications or almost. For 12 to 18 months, the device gives them a professional and social support provided by local missions, alternating with internships. They receive in return 461 euros per month, a digressive aid as they resume paid work.
46 000 young people have benefited since 2013 and François Hollande announced on Saturday that it was 100,000 seats in 2017. It is also expected that 91 departments are covered by the end of the year before a generalization to the whole of France in 2017. the executive announces however the first time that the young Warranty will become a right for all young people without a job or training. Until then, he insisted instead on the limited space and the careful selection of beneficiaries.
In parallel with the expansion of the youth guarantee, the government announced the creation of a “capital formation for young school leavers and low-skilled job seekers.”
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