law the labor

The law carrying reform of the working time of August 20th, 2008, abolished the system of legal compensatory leave for the overtime carried out within the limit of the conventional quota. To the coming into effect of this law, in the firms from at least 20 paid, the employees profited, in addition to the counterparts (financial or in the form of rest) to the achievement of overtime, obligatorily of a rest: - of 50% for the overtime carried out beyond 41 hours per week inside the annual quota laid down in the collective agreement applicable to the firm; - of 100% for accomplished overtime except quota. Since this law, there is no more legal compensatory leave inside the quota. Thus, if the quota is not exceeded, an employee can work more than 41 hours per week without profiting obligatorily from a compensatory leave.

Nicolas Sarkozy wishes to generalize the professional transition contract, currently reserved to the discharged employees for economic motive, by firms of less than 1000 paid, with the whole of the mining areas meeting of the specific difficulties. This contract makes it possible to the employee to perceive the totality of its wages for nths and to profit from a personalized follow-up and formations for a better reclassification. In addition, and parallel to this project, the Convention of personalized reclassification would be replaced.

The law carrying restoration of the social democracy of August 20th, 2008 upset the principles existing as regards trade-union representativeness. The crucial point of this reform has consisted in gradually abolishing the irrefragable presumption of representativeness from which, for several decades, 5 trade unions profit: CGT, the , CFDT, CFTC and CFE-CGC. From now on, to be representative, a trade union will have to join together 7 criteria, of which one will have a primordial importance: the oral hearing. It must have indeed collected at least 10% of the votes to the first turn of the professional elections to the enterprise level, 8% on the level of the branch. Voting rights rise already to denounce the rigidity of the criteria leading to the ousting or the lack of prerogatives of the small trade unions which had up to that point managed to establish their representativeness. The future will tell us if, in the facts, the employees feel represented better…