Wednesday, June 29, 2016

El Khomri law: the ultimate retreat to calm opponents – Le Figaro

The government will table amendments to the text carried by the Minister of Labour to strengthen the role of professional branches.

After more than four months of standoff in the streets and in Parliament, the executive wants to close the painful sequence of El Khomri act peacefully, by a majority vote in two weeks in the Assembly, without the use of 49 -3. To that end, Manuel Valls and Minister of Labour made a final step towards the protesters to offer them a new modification of the text. Even further weaken the principle of strengthening business negotiation which was to remain, after the many pre setbacks, like the heart of the law.

On Wednesday evening, after an initial burst Matignon meetings with unions (CFTC, CFDT, CGT and FO), this political gamble seemed close to being won. The government could already be proud of having “won” FO movement. On arrival at Matignon, Jean-Claude Mailly has indeed said that “the labor law was in progress, even if this was not enough to come out on top.” The general secretary of FO had said earlier in the day not to “be in logic, for now, to continue the demonstrations.” Starting with those of July 5, the terms should be defined on Thursday night in Inter.

“The disagreements are confirmed. Small advances are far from the account “

His alter ego of the CGT, Philippe Martinez, has however not disarmed and called the French to continue to mobilize against the project law that will return next Tuesday at the meeting. “Disagreements are confirmed. Small advances are way off the mark, “he began as he left Matignon.

As for slingers, a majority believed Wednesday that a compromise was now possible. This session was dedicated to rewrite them, rather than to the unions, including the mobilization crumbling from week to week no longer fear to the executive. “We believe that the proposed amendments to the expectations of slingers”, has also assumed Myriam El Khomri in an interview in the world.

A few months before the Socialist primary, Francois Hollande has indeed to heart to appease his troops that were torn during passage of the text at first reading in the Assembly. It was he who had pushed to compromise, even if it still promised last week to go “to the end” of the labor law. The threat of a new use of Article 49-3, which allows a government to adopt a text without a vote of the deputies, seems to go away. First reading after 20 hours of heated debate, knowing he would not get a majority, Manuel Valls had to bring himself under the invectives of all elected officials, including those of its majority.

A conjuring trick

the government, in coordination with the rapporteur of the text to the Assembly, the member Christophe Sirugue, so will file three amendments to the bill, including the examination social Affairs Committee begins this Thursday. The first, relatively transpartisan, plans to involve the social partners as a result of rewriting the Labour Code. The other two will amend Article 13 to give more weight to the professional sectors.

This is first left to the social partners of the branches to define the issues on which an agreement company will not deviate from a branch agreement, where the primacy of the company agreement is not specified by law. A third amendment clarifies the outset that, on the subject of professional equality between men and women and arduousness, a company agreement may not be the lowest bidder a branch agreement.

“the heart of the text is not touched, so the CFDT is satisfied”

the government and raised its bet not formally touch Article 2 of the bill, which expands the business scope of bargaining, while giving guarantees to those who were alarmed of a possible social dumping. This sleight of tower, once again, was inspired by Laurent Berger. The secretary general of the CFDT will thus remained in full the first board of the executive in the development of this law. In an interview published Tuesday in The Opinion , the union proposed that “in each branch, negotiations can be opened to define the set of rules to which the company agreement may derogate”. Consistent with itself, it merely stated, on leaving Matignon, “the heart of the text is not touched, so the CFDT is satisfied”

Gattaz. “He will remain as constraints “

These amendments will undoubtedly complicate the work of the negotiators in business. Their exact consequences are difficult to predict. Everything will depend on how the players in the branches – for those active at least – will seize. They could follow multiple directions. Especially in the midst of restructuring, branches now have the most diverse profiles, some representing only a handful of companies.

The law should in any case always give primacy company agreements on such sensitive topics as the fixing of the rate of increase overtime (when it is not less than 10%) or exceeding the average weekly working time, within the limits of 46 hours on a continuous period of 12 weeks.

Pierre Gattaz, president of Medef, welcomed with great pessimism this new modification of the text. If it comes to “do as Article 2 is neutralized, there will be nothing left, there will only constraints,” he said Wednesday. “You have to go through the reversal of the hierarchy of norms.” As representatives of the CFE-CGC, the CGPME and UPA, the boss of bosses will be received Thursday at Matignon.


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