New labor regulation

New labor regulation: A recasting which makes run ink…

The New Labor regulation was to be published last March. However the proposed amendments did not cease delaying the debates.

The Senate adopted in first reading the bill of recasting of the labor regulation.
The National Assembly, had, it, to examine the text Wednesday, December 5. However the quorum not having been reached (presence from at least 50% of the delegates), the continuation of the debates is not any less not deferred to the next week!

Will see finally the result of work?

Why a recasting of the labor regulation?

The original intention of this reform is to clarify the labor regulation, and to make it more accessible.

In addition, a new classification with 4 digits will make it possible to insert more easily of the additional items.

Do the legal provisions of work have to be amended?

NOT, the new labor regulation, should not on the matter make amendment to the legal provisions.

The takes place in constant right. That means that the are not authorized to amend the legal provisions, nor to create additional rights or obligations that it either with regard to the employer, that with regard to the employee. They are not either authorized to amend the direction of the texts, nor to integrate or amend case law.

What must change:

• Suppression of the useless references (example: the rules as regards lay-off should from now on be contained only in one book, and either in 3 different books).
• Correction of obsolete words: one speaks today about “notice” and either about “term of notice”
• Suppression of the labor regulation of certain rules relating to the rural, or maritime right for example. (the rules always exist but will be transferred in the respective codes)

Between polemics and skepticism

Certain trade unions denounce an amendment of the content of the right at the expense of the employees, a bursting of the code which would result in weakening, even to abolish certain rights of employees, and a of certain items which pass from the legislative party of the code to the lawful party.

As for the President of Medef, Laurence , it remains skeptic as for the result of this project: “I am not sure that this reform is successful” it stated.

We await the final text impatiently…

By Anne-Laure
Lawyer of Editions