In a decision on Friday, October 22, the Council of State rejected the recourse of employees’ organizations that requested the suspension of a decree curing the conditions of compensation of precarious workers.
by
This time, it’s the unions that lost. Friday, October 22, their appeal against one of the emblematic measures of unemployment insurance reform was rejected by the Council of State. Seizure In Reading, the High Jurisdiction did not suspend the decree for applying the new method of calculating the allowance since 1 . In a statement, it indicated that “the general trend of the labor market”, which is up to improvement, no longer constituted “an obstacle” to this change of regulation. In June, she had held the opposite reasoning, giving satisfaction to employee organizations.
The dispute relates to the most derived layout of the reform. The government has changed the terms of the equation leading to the daily reference salary, which serves as a basis for determining the level of compensation. The objective is to end situations where employees who have multiplied short contracts would be better covered by unemployment insurance than those who have worked continuously. Thus, the executive intends to encourage sustainable employment. This approach is denounced by all trade union plants because it leads to a decrease in the monthly amount of the service for the unemployed alternating small jobs and periods of inactivity.
A decree dated March 30 had been taken to ensure that the new former reference salary formula comes into force on the July 1 July. Employee organizations had returned by filing several requests before the Council of State.
Without calling into question the principle of the reform, the judge of the referred, Anne Egerszegi, ordered, on 22 June, the suspension of the method of calculating the allowance by retaining a single ground and methodically removing the other means Raised by the applicants: In his view, economic uncertainties were then so strong that they prevented the establishment, at the very beginning of the summer, a mechanism designed to promote the stability of the workforce.
Effects even more pest, according to the CGT
The Government is returned to the assault by publishing another decree, dated September 29, so that the incriminated rules play from 1 Er October. Eight unions and four speakers’ organizations then have, in turn, counter-attacked before the Council of State. During the referral hearing held on October 14, they insisted a lot, through their lawyers, on the unknowns which, according to them, continue to prevail in employment. The representatives of the Ministry of Labor, on their side, have, on the contrary, highlighted the vitality of the economic situation, their goal being to show the judge, Olivier Yeznikian, that there was no reason to interrupt the course of the reform.
You have 51.89% of this article to read. The rest is reserved for subscribers.