Six weeks from the entry into force of the unemployment insurance reform, on July 1, the unions will use their last and main weapon to oppose it by filing appeals before the Council of State.
Read also: Unedic skeptical about unemployment insurance reform
Tuesday or Wednesday according to FO, all trade unions - with the exception of the CFTC which still hopes for "
a gesture
" from the government - should jointly file their appeals to administrative justice against the decree of March 30.
“
We did not draft a common appeal because each organization has its own line, but our lawyers will symbolically go together to show our common opposition.
This is not the ultimate hope but we are counting on it a lot
, ”says Michel Beaugas (FO).
First cancellation in November
The unions will file both a suspension and a referral on the merits.
The judges will have one month to rule on the suspension and then possibly four months to examine the merits.
To support their appeals, the unions have run the computers by multiplying the "standard
cases
" of "
breaches of equality
" between job seekers generated by the modification on July 1 of the calculation of the daily reference wage (SJR), the heart of the reform.
“
As there was already a cancellation of this measure in November by the Council of State and a rectification by the government behind, we were forced to deepen, we have scratched the decree
”, summarizes Michel Beaugas.
This has enabled FO to take a step back from the inequalities created for unusual compensation periods (partial activity, maternity leave, illness, etc.).
To avoid these "
unwanted effects
", the Minister of Labor, Élisabeth Borne, drafted an amending decree which provides for these periods to be counted "
as if the salary had been at its usual level
".
In a note, Unedic saw it as a legally fragile solution.
In addition, the amending decree corrects only a "
very small effect
" of the reform, notes Denis Gravouil (CGT), whose union has put forward another unfavorable study on the allowance of certain unemployed returning to work.
"
Communication operation
", we respond to the government, where it is considered "
astonishing
" that the CGT is worried about the allowance of an unemployed person who resumes work "
at 2,800 euros
".
"
That the State answer us with other figures, but they did not make an impact study
", replies Michel Beaugas.
Arrangements deemed insufficient by the unions
The unions are also contesting other measures (with the exception of the bonus-malus for employers), such as the tightening of 4 to 6 months of work on access to rights, the date of entry into force of which is now nevertheless conditional. to an improvement in the labor market.
If the government does not give up, "
one of the last reforms of the five-year term will therefore attack precarious workers, reducing their rights and weakening their social situation
", denounced in a forum in the World several union and association leaders, including Laurent Berger (CFDT) and Philippe Martinez (CGT).
In the meantime, "
while we have always had difficulty mobilizing on unemployment insurance, the feeling of injustice of the reform begins to take in the public
", welcomes Michel Beaugas. Witness, according to Denis Gravouil, the fact that this reform was invited in the slogans of May 1st. Even if it was under the impetus of intermittents of the spectacle whose particular mode is not concerned by this one, and which obtained since the extension for four months of their “
white year
”.
For a heavyweight of the government, the CGT considers “
that fundamentally, our measures in the face of the crisis are not so bad.
So, as they cannot yell about it, they start to reform unemployment insurance
”.
To read also: Geoffroy Roux de Bézieux proposes a "big bang" of unemployment insurance
If the CFDT did not join the demonstrations, it was not convinced by the arrangements of the reform as hoped by the government. Alongside her appeal, she launched an operation "
solidarity unemployment
": "
the activists will collect testimonies and concrete cases which will be published next month
", explains number two Marylise Léon. In government, we want to be serene: “
the judge is sovereign
”. But "
if the judges suspend, it will be a remobilizer against the reform
", hopes Michel Beaugas.