The day of reckoning has come : the orders Macron are celebrating their first anniversary. The ministry of Labour has just release this September, 10 figures, which should be analysed in more detail by the evaluation committee led by France Strategy, but which already give a first overview.
The most iconic of the first reform of the quinquennium Macron, the schedule of allowances tribunal, has undoubtedly had an impact on the behaviours of employees and companies. But for the rest – the increase in the number of collective agreements signed (the famous “strengthening social dialogue”), and the “protection of labour relations” (for the employer), the evolution seems to be more measured.
In the entourage of Muriel Pénicaud, we find the first faint signs promising : “It takes five or ten years to appreciate this type of reform, but so far, all the signals go in the same direction, that of a cultural change,” says one. In an interview in the World, last week, the minister of Labour if it is also desired reassuring : “We are at the beginning of the story.”
The employees “no longer try their luck” at the prud’hommes
The scale required, that the magistrates fixing the compensation for an unfair dismissal should follow, therefore, has changed things on the ground. The decrease in the number of disputes is obvious, even if the ministry of Labour does not yet know the figures of 2018. It is only able to evoke a 15% reduction of litigation between 2016 and 2017. The fall is constant, since several years, because of the progressive reduction of the limitation periods for recourse to the law, and the reform of the procedure induced by the act Macron of 2015 (it requires a written request when the referral to the court). The ordinances Work to accelerate this downward movement.
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“The employees who previously tried their luck in mass are reluctant now to embark on the path of litigation while the financial prospects for the key are reduced, in particular where they have between two and six years of seniority : it is this category that lost the most in the exchange, with the schedule,” says Marion Ayadi, of the firm of Raphael. When an employer says to the employee ‘in court, you will have between three and eight months, I’ll give you five now, it’s seen it all, he accepts the proposal.”
attempts to workaround the schedule
Those who decide to enter any of even the prud’hommes do not hesitate to multiply the requests to attempt to obtain more : they are also asking for compensation for their termination without cause real and serious, but they argue also run offending of their employment contract, a non-compliance of the rest, package days not valid, the non-observance of the safety requirement etc
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“another strategy is to bypass the use of the scale by invoking a harassment, discrimination, inequality of treatment linked to his trade union engagement, maternity, or even the violation of a fundamental freedom, such as freedom of expression,” adds Marion Ayadi.
When the first decisions on these cases in which the schedule was in force will be made – this should not delay – we should know if these tactics of addition of the heads of claim or dispute as to the application of the schedule, are working or not.
there will be No tidal wave of company agreements
next To the schedule of allowances prud’hommes, orders, Labour have done a lot to talk about for the committees of the social and economic (CSE), which mark the merger of the company committees (EC), committee of hygiene and safety (CHSCT) and the staff representatives (DP). According to the rue de Grenelle is a success. Nearly 9000 of these unique instances have seen the light of day in the 1st half of 2018.
The figure is honourable. But how could it be otherwise then that the grouping of the representative bodies of the staff is a requirement for businesses ? They have until December 31, 2019 to come into compliance, and given the scale of the task – everything is to be negotiated in the form and operation of CSE – this can only be done at the last moment.
The orders Work also had the goal of “strengthening social dialogue”, in other words a boost to the company agreements. But on this point, the beginnings are poussifs. The companies have not entered in mass the opportunity to get out of the standards set out above, to assemble their kit rules. This can be explained precisely because they have had a lot to do with the establishment of the CSE. Moreover, as noted by David Jonin from the law firm Gide Loyrette Nouel, “the employer does not want to negotiate with those who are potentially going to go out, nor the elected officials to negotiate things that could cost them their re-election”. “There is also, quite simply, a lot of rules of the labour law on which companies do not necessarily want to come back,” points out Pascal Lagoutte, lawyer at Capstan.
The CDI construction to the sentence,
As regards more specifically the TPE and SMES, Muriel Pénicaud has indicated that a click happened : 364 agreements have been concluded in companies employing less than twenty persons (where this is now possible by simple consultation of workers, the famous “referendum”) and 584 were signed by representatives of personnel in companies of twenty to fifty employees. In 90% of cases, thth traded have focused on the remuneration and the organization of working time. These figures are not insignificant : TPE, until now, have not negotiated any agreement. So far, they remain modest in the extent to which they are to be compared to three million SMES in the hexagonal… “For a small business, it is much simpler to proceed by amendments to the contract labour as per enterprise agreement,” says Arnaud Tessier, a lawyer at Capstan.
The professional branches, to a level above, are also expected to be seized of the prescriptions Work to negotiate on issues of their being reserved. The balance sheet is simply catastrophic. Only the metallurgy has entered into an agreement to create the CDI project (also called the “shipyard”) and to remove the waiting period between two CSD. They have other priorities, because of the site merge and combinations that occupy ? “This has nothing to see, the first fifty branches, that cover 85% of the employees are not affected by these operations and yet they have done nothing”, laments-t-on rue de Grenelle.
66 breaks the conventional collective
the Other device from the orders, breaks the conventional collective (RCC), enabling enterprises to deliver mass starts on a voluntary basis, have found an echo modest. The ministry of Labour state of 66 initiatives of CBI is undertaken by companies. Eleven RCC have failed because the unions have not wanted to sign. The case of Pimkie is iconic. “It is logical that the unions have refused to signed the CBI, believes Pascal Lagoutte. For a company like Pimkie with big difficulties, a backup plan of employment is indicated. The CBI appears legitimately as a PES at a discount.”
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In the entourage of Muriel Pénicaud, we see, in these cases of RCC failed, the evidence that the rule of the agreement of the majority is a protection. The validation of the CCR by the administration : four RCC have been the subject of a refusal by the Direccte. “Each time, the employer has taken over the negotiations to improve the support measures for employees with runners,” notes a close relative of the minister. The extent to which the reduction of the PSE observed in 2018 is attributable to the creation of this CBI ? We went from 370 PES in the first seven months of 2017 to 280 in the first seven months of 2018. Again, the assessment coordinated by France Strategy is expected to bring a light.