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Labor Code: the government empowered to reform by ordinances by the Constitutional Council

Ⓒ AFP/Archives – FRED TANNEAU – | On 31 August 2017, the government unveiled its ordinances reforming the labor code, while the political and trade union opponents are already promising a warm return to the streets.

The Constitutional Council unreservedly validated on Thursday the bill authorizing the government to reform the Labor Code by ordinances.

He was seized this summer by insubordinate, communist and socialist deputies, associated with non-members, following the adoption by Parliament of this bill, initiating a reform of the labor law promised by Emmanuel Macron during his campaign.

The contents of the orders were unveiled on 31 August by the government. They must be presented to the Council of Ministers within two weeks.

In particular, they provide for a ceiling on labor compensation in the event of unfair dismissal, reduced time limits for redress, the possibility of negotiating without a trade union and give priority to SMEs.

The Constitutional Council validated the procedure used, in particular the accelerated legislative procedure and the conformity of these ordinances with regard to article 38 of the Constitution, which allows the executive to legislate by this way.

The authors of the referral considered that the procedure and the deadlines disregarded the “sincerity and the clarity of the debates”.

On the merits, it also validates the introduction of a scale for labor compensation in the event of unfair dismissal.

“The mere fact of providing for a compulsory reference system for compensation for damage resulting from dismissal without a genuine and serious cause and not for loss resulting from other civil faults does not in itself constitute an infringement of the principle of” equality before the law “, writes the Council in the press release accompanying its decision.

The Commission recalls that it may subsequently exercise control over a priority constitutional issue (QPC) once the orders have come into force. Previously, the text of the ordinances is transmitted to the Council of State.

Several decrees must detail certain measures of these ordinances.

A first day of action against this new reform of labor law is scheduled for September 12, at the initiative of the unions CGT, Solidaires and FSU, joined by Unef.

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