Wednesday, May 11, 2016

France, via the Jobs Act without the vote of Parliament. Most points … – FIRSTonline

The France uses the hard line. The much-discussed labor reform is going to become law, but only thanks to a coup government that has decided to make use of the “49.3″, an article of the Constitution which provides, in exceptional cases, that the text is not subjected to vote of the Parliament, under the responsibility of the Prime Minister (unless a motion of no confidence that MPs must submit within 24 hours). A choice dictated by the absence of a majority in parliament and by the failure of negotiations with the unions. Manuel Valls has decided for the third time in this legislature to resort to this sort of legislative decree to approve the Jobs Act to the French, who for months is causing clashes in the square and heated controversy even within the same majority as well as the left is not the government and the opposition.

the aim of the reform is to counter the record level of unemployment by making the labor market more flexible. Perhaps too much, according to the unions, and the young , which ravvisano too many elements of insecurity. In recent days, the premier social-liberal had hinted he is ready to do anything to ensure the passage of the El Khomri law , from the name of the young Minister of Labour who was entrusted in endless arguments. Today we are witnessing the “denial of democracy”, the protest hot socialist Laurent Baumel. “A sad symbol, the admission of a failure”, prices rise Aurélie Filippetti, the former Minister of Culture of Italian descent, who resigned from the executive in the name of the values ​​of Left .

You now have announced new protests, so much so that seven unions (CGT, Fo, Fsu, Solidaires, UNEF, Fidl, Unl) have called for Thursday, May 12 a fifth day of mobilization and protests. On the law were submitted 5,000 proposals for amendments, more than 2,400 of them from the Front de gauche , the left opposition that is waging a battle in the streets for the past two months, along with students, labor unions, and the militants motion Nuit Debout , the Indignados transalpine that from late March occupy the Place de la République invoking not only the stop to the law but in general “a better world.”

THE POINT MORE ‘CLAIMS

But what are the most disputed aspects of the reform? First, the totem of the “35 hours” of weekly work, that workers all over Europe envy to France and were wanted in 2000 by the then Prime Minister Lionel Jospin to better distribute the work among the population, and in this way create more. The mission has not been fully accomplished, indeed, but the French believe this rule untouchable. Formally, the scheme will this also with the reform but with the opportunity, through business-trade union agreements, to establish additional hours but according to the protesters could be underpaid: the existing law provides that the first 8 more hours are paid at 25 %, then in the ninth to 50%. Under the new law the more hours may be paid 10% less than the working hour “normal.” But above all, the weekly additional hours may reach a total of 60 from the current 48 (although only in “exceptional circumstances”), and the daily change from 10 to 12. Not only companies with fewer than 50 employees may propose to individual employee to waive the 35 hours even without collective agreements. Also at risk the right of the 11 consecutive hours of rest, although on this point the government has agreed to make changes.

Another issue is that of the layoffs: El Khomri the law extends the range of causes of dismissal without reinstatement of employee indicating the economic reasons for a drop in orders or sales for several consecutive quarters, and productivity losses for several months, but also changes the activity from the technological point of view or simple corporate reorganization. As happened in Italy, the intent is to minimize the discretion of the judges and make it less onerous possible dismissal. There is talk of “redundancy” but also of “offensive” agreements, under which a company can change hours and working conditions of the employee (but not the monthly salary) will be possible only if signed by trade unions representing at least 50 % of the company’s workforce. At that point, if the employee refuses the deal, it will be fired for cause.

Then there was the question of the taxation of fixed-term contracts (so-called CDD) on which, after pressure received by companies, the government has backed down: the ratio the standard was the fight against insecurity by making greater the cost of short contracts. “A stab”, had called entrepreneurs, arguing that a forward contract “is part of the activity and responds to seasonal needs or replacements”. MEDEF, the French Confederation, specifically asked to withdraw this provision, preferring it to be postponed to the negotiation with the social partners. Insist on this point very trade unions and especially young people, who shout against insecurity risk. As for young people, the law provides, however, at least on paper, to extend to the entire national territory the project “Youth Guarantee” , which allows children between 18 and 25 years of being entered the world of work through a monthly government grant. First it was necessary to examine in front of a commission in the near future simply fill out a form having the required conditions.

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