Monday, July 4, 2016

Labour law: what is left of the text that comes in the Assembly? – The Obs

After four months of controversy and protests, the Labour Law returns on Tuesday 5 July at the National Assembly, a new reading accompanied by a 12th day of union mobilization. Along the way, the El Khomri law changed name, renamed in committee in the Assembly bill “concerning the work, the modernization of social dialogue and career security.”

change of name but no substantive change: despite a passage in the Senate, where the majority of right had made changes, the Socialist deputies have largely recovered their version of the text, to the great satisfaction of their leader, Bruno Le Roux now considers that the bill has reached “the perfect balance”, thanks to the latest government amendments voted by the Committee on social Affairs. Amendments supposed calm union discontent reaffirming the role of branches, including the prevention of hardship and professional gender equality. Developments, certainly, but no challenge to Article 2 that inverts the hierarchy of norms.

So, after the last arbitration and gestures to the CGT and FO also slingers PS, which now contains the text?

# professional branches

Small government not so for professional equality and the hardship, a company can not offer less than the industry.

Also in that sense, negotiations will be held in each branch to identify other points that enterprise agreements can not be less favorable than branch agreements.

Finally, the branches will be an annual review of company agreements and will make their recommendations.

# overtime

If 35 hours are the legal limit, the bill profoundly change the nature. For everything concerning the organization of working time, the bill provides that enterprise agreements prevail, that is the famous Article 2.

For example, to move to a weekly average of 46 hours over 12 weeks, just a simple business deal.

for the uplift of overtime, it is also the company agreement shall prevail. It may therefore be under increased since it will be between 10 and 25%.

# The redundancies

The text provides that the criteria vary depending on the company size. A redundancy may take place in case of “significant decline in orders or sales.”

This decrease establish by comparing results over the same period the previous year. It will be at least a quarter for a company with less than 11 employees, two quarters of between 11 and less than 50 employees, three quarters of 50 to less than 300 employees and four quarters to more than 300 employees

# small businesses

in the SOHO and SME where there are no trade union representatives on matters which may be agreed , companies will start negotiations with employees mandated by a union.

# the Labor Code

again, the government chose to calm the game by announcing the creation of a commission to rewrite the code not work with only the experts but with the High Council for social dialogue, a forum where the social partners sit.

Before the second reading, more than a thousand amendments were tabled. Moreover, it is not established that the last government concessions sufficient to cause adhesion of rebellious deputies. The executive took the lead, announcing that he would not hesitate to have further recourse to Article 49.3.

Louis Morice


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