Labour Code : the Assembly and the Senate to give the green light to the ordinances




The draft Enabling law to legislate by orders of the Labour Code is in its final stretch before the final decisions at the end of August 2017. The mixed joint Commission (CMP) is received on Monday, July 31, to a “relative consensus”. Return on the next steps of the timetable of the government.
The last straight line for the Parliament. Deputies and senators are managed, on July 31, 2017, a “relative consensus” on the draft of the Enabling law authorizing the executive to legislate by ordinances for the reform of the labour Code. It is one of the first big projects of the quinquennium of Emmanuel Macron.
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Gathered on Monday in mixed joint commission (CMP), seven deputies and seven senators, therefore, are able to arrive at a compromise that will be finally approved by a vote at a meeting of the Assembly Tuesday and the Senate on Thursday 3 August 2017. As a reminder, the draft law had been approved by the national Assembly, on the 13th of July, and then in the Senate, July 27, 2017, in different versions.

 

“A lot of convergence” between the Senate and the national Assembly

 

Without prejudice to any eventual agreement, the minister of Labour Muriel Pénicaud has been reported on the Monday morning of the “many convergences” between the two rooms, while defending a reform that is not in a logic of “lukewarm water”. She, immediately, said, on Tuesday, August 1st during a French tv show Info : “We will have succeeded if the impact of the reform on the strengthening of social dialogue is real and positive for all.”

 

In particular should be included in future orders, the merger of three of the four representative bodies, the principle of a ceiling on benefits prud labor in cases of unfair dismissal, the appeals to the CDI, construction or even the increased role of the enterprise agreement.

 

Barely, nearly a month after its presentation to the Council of ministers, the draft Law will be enacted very quickly. The trade-offs will be presented to the social partners between 21 and 25 August 2017. The orders will then be sent to the Council of State and the advisory bodies the following week, before being adopted by the council of ministers during the week of 20 September, and published in the official Journal at the end of September 2017.

 

Note that the orders will come into force on the day following their publication and will be subject to a ratification bill, tabled in Parliament not later than three months after.

 

“This schedule could be maintained even in the case of an appeal to the constitutional Council”, Muriel Pénicaud

 

“This schedule could be maintained even in the case of an appeal to the constitutional Council”, has repeated these days the minister of Labour. To this day, it is actually unlikely that LR or PS are considering filing an appeal before the Sages of the constitutional Council.
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*Timing of orders for the strengthening of social dialogue

-From 21 to 25 August 2017 : presentation to the social partners of the early writings on these orders
-28 August 2017 : a reference to the Council of State on the draft orders
-On the 28, 29 and 30 August 2017 : consultation of the national Commission on collective bargaining, the Council of orientation of the working conditions, of the higher Council of Equal employment opportunity, the Conseil supérieur de la Prud homie, and finally the national Board of employment, training and vocational guidance (CNEFOP)
12th September 2017 : meeting of the social section of the Council of State
-14 September 2017 : general assembly of the Council of State
-20 September 2017 : presentation of orders in Council of ministers
-20 or 23, September 24, 2017 : publication of the ordinances in the Official Journal

 




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