Report: France pushes labour reforms in the face of sweeping popular opposition

Abstract

REPORT ❐ FRANCE ing it down to the company-level. At the time, the Troika was targeting Greece and imposed a package of austerity measures, including an upheaval of the collective bargaining rules – this was the spitting image of Article 2 from the French draft law. The CFA’s conclusions leave no possible doubt that this type of reform is breaching Convention 98, in which the Committee declared that: ‘the elaboration of procedures systematically favouring decentralised bargaining of exclusionary provisions that are less favourable than the provisions at a higher level can lead to a global destabilisation of the collective bargaining machinery and of workers’ and employers’ organisations and constitutes in this regard a weakening of freedom of association and collective bargaining contrary to the principles of Conventions 87 and 98’. Committee for Freedom of Association, Case No. 2820, 365th report For the CGT, ‘this case-law has a clear meaning that crumples Article 2 from the so-called labour draft law, into a sorry paper ball. The government’s stubborn endeavour to cling to it clearly exposes France to a serious and immediate violation of the ILO fundamental conventions 87 and 98’. But the law is viewed as contrary not only to the ILO’s principles, but also to a key (legally binding) human rights treaty of the United Nations, the International Covenant on Economic, Social and Cultural Rights (ICESCR). In 2015, the CGT had an active part in the writing a report on the compliance with the ESCR by France alongside a coalition of 30 civil society organisations (unions, human rights and international solidarity advocacy organisations). In June 2016, during the examination of France by the ICESCR the CGT brought its criticisms of the labour law (among other themes) before the Committee, blaming its form (CGT called El Khomri ‘an imposed law … without any real consultation , alongside repression of unions and violence from the police’) as well as its attacking its contents (which CGT observed ‘include a threat of more precarious labour, infringements of rights, etc’). Later that month, after reviewing the French case, CESRC experts gave their conclusions , and they were clear: ‘the Committee addresses its concerns in view of the derogations to protections gained in terms of working conditions proposed in the draft labour law [...] including those to increase flexibility of the labour market without any demonstration that the State France pushes labour reforms in the face of sweeping popular opposition The law proposed reduced employment protection, reduced overtime payments, and reduced redundancy compensations; it also proposed the de-centralisation of industrial relations, seen as an attempt to undermine nationally representative trade unions INTERNATIONAL union rights Page 18 Volume 23 Issue 2 2016 T he projet de loi visant à instituer de nouvelles libertés et de nouvelles protections pour les entreprises et les actifs (English: Bill to introduce new freedoms and protections for businesses and workers) was introduced as draft legislation in February 2016. The project, which proposed significant amendments to the Code de Travail (English: Labour Code) became known as the ‘El Khomri’ law, named after its chief proponent Labour Minister Myriam El Khomri. The law was essentially framed around a key expedient of labour market flexibility, which the government claimed would help it tackle unemployment. The changes reduce employment protection, reduce overtime payments, and reduce redundancy compensations . It also contains changes to trade union rights and industrial relations that French unions argued would breach international standards of freedom of association. The CGT told ICTUR that ‘the draft legislation was met with public opposition, leading to strikes and demonstrations organised by trades unions and student groups. A broader protest movement, Nuit debout (English: Arise at Night), arose within the context of opposition to the legislation, with the aim of overthrowing the El Khomri bill and the world it represents. On 10 May, Prime Minister Manuel Valls announced that the government would force the legislation through France’s lower house, the National Assembly, without a vote, using Article 49.3 of the French Constitution. As a result, the law was passed directly to the Senate, France’s upper house. It was adopted in July, in the face of continuing popular discontent. The unions are planning a coordinated...