Law Work : the craftsmen go on the offensive

DECRYPTAGE. On the eve of a recent meeting with the Prime minister on the new reform of the labour Code, Alain Griset, president of the Union of enterprises of the vicinity (U2P) insisted on Wednesday “on the importance of securing small businesses”. He alerted also on the decision of the Executive to increase the statutory redundancy payments.
A final face-to-face before the holidays to fine-tune the draft of the Enabling law and the future orders of the new reform of the labour Code. While the Prime minister, Edouard Philippe, was received July 25, 2017, five of the eight social partners including the Medef and the CPME, he finished his round table Thursday morning with Alain Griset, president of the Union of enterprises of the vicinity (U2P). The opportunity for him in the presence of Michel Chassang, vice-president of the Union of enterprises of the vicinity and president of the national Union of liberal professions (UNAPL) alert this Wednesday on “the importance of securing the situation of small businesses from trade and handicrafts”.
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“The government’s decision to increase statutory redundancy payments we are very worried, recognizes Alain Griset. It runs the risk of undermining the effort of securing business.” For this reason, the U2P will invite this Thursday the Prime minister to “minimize the increase.”


“Those are the words that I am going to hold this morning (Thursday) at Matignon, he added. Because the desires of the craftsmen, tradesmen and liberal professionals, is that it gives them the opportunity to gain a competitive advantage ! It is therefore the main challenge of these future orders : allow all companies regardless of their size, to adapt the principles of the right work on the basis of the concrete situation and immediate the enterprise.”


“There is not 10% of the artisans that are sure to be in good standing,” Alain Griset, president of the U2P


On the thorny issue of securing legal and financial issues in small businesses, the president of the employers ‘ organization of craftsmen is interrogated several times during the press conference : “today, there is not 10% of us that are sure to be in good standing, we must move towards a simplification of the procedures !” This is indeed a big challenge for the U2P because the majority of the 2.3 million companies, traders, especially the artisans of the building, and liberal professionals (architects, engineering offices, surveyors-experts) member of the U2P have fewer than 25 employees reported Alain Griset and Michel Chassang.


Before continuing : “How can you ask men and women who put their personal funds into their boxes to hire if they are in a total insecurity due to this hiring ?”


In addition, the U2P will also be met as soon as this Thursday if the obligation to have at least one representative of staff, was relieved of “11 to 20 employees”, if the severance payments would be limited to “15 months, even in excess of fifteen years of presence” instead of “twenty months mentioned”, and if the “priority was given to the branch agreement, which secures, with the possibility to derogate from”, a detailed in-depth Alain Griset.


“I will ask that the appeal period of the employee following a termination of employment is limited to six months, compared to one to two years today, depending on the situation,” he continued.


In addition, Michel Chassang, representative of the liberal professions has been clear on the same subject, and said that “double the legal entitlements, as we could hear, and then put a ceiling of twenty month, for us it is clear : it is not ! ”


The U2P offers a form CERFA in order to secure the employer


While the Government would also like to adapt the rules of procedure and motivation applicable to the decisions of dismissal and the consequences of the possible failure of those upstream or during the litigation, Alain Griset, says he supports “the proposal of a form CERFA for the layoffs with the sole purpose of securing the employer.”
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Concerning the raising of the threshold of representation to 20 employees, the vice-president of the U2P spoke about “in exchange, perhaps, a broadening of the scope of competences of the joint Committees regional inter-branch (CPRI) (editor’s Note : formerly CPRIA created in 2001)”. The joint committees regional inter-professional may as well decide on the companies of more than eleven employees. Remember that these CPRI consist of to validate, in the absence of representatives of staff, the compensation offered by business leaders when they deviate from the sectoral agreement.


On a possible amendment of the rules of use of particular forms of work by promoting by industry-wide agreement, the use of contracts of indefinite duration concluded for the duration of a project or operation, the U2P, sees no “objection”.


Finally, after three years of opposition tirelessly against this “gas plant”, Alain Griset stated that it supported “the transformation of the C3P in the professional account of prevention”. A decision which according to him will relieve “the business leaders of the crafts, trade and liberal professions, who exposed to just a measure too complex, costly and stigmatising.”


The game is far from played out for reform of the labour Code as the main trade union organisations -the CFDT, CGT, FO – decided as soon as Tuesday at Matignon to harden the tone. As for the Government, it is preparing today to draft ordinances that will implement the new measures as soon as the school year began, after the green light from the Parliament, expected by the end of July, or the beginning of August, 2017.*


*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 : 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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