This was to be a working meeting, a discussion with the social partners to facilitate the implementation of the Macron - or Pénicaud - orders of 2017, slowed down by the pandemic. In the end, the discussion session which opened on Monday evening with the Ministry of Labor revealed above all a trade union front, decided not to play the government's game to support texts that some have rejected en bloc since their genesis.
The invitation was sent in mid-December by the Ministry of Labor in the wake of the submission of a report - the fourth - of the evaluation committee which had pointed out the little effect produced by this key reform of the five-year term which was to be encourage social dialogue in companies.
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"
We sent them a proposal for an action plan because for us the crisis prevented the ordinances from producing their effect
," explained the ministry before the meeting.
The idea is that the social partners give us their opinion on this plan
”. The entourage of Elisabeth Borne, the tenant of the rue de Grenelle, was not disappointed. The reaction of the unions was not a surprise. Several power stations had already set the tone and made known their reservations.
As of Friday, Laurent Berger, the secretary general of the CFDT, the first union in the private sector, had indicated that the texts had "
missed their target
". In the afternoon, it was the president of the CFE-CGC, François Hommeril, who cracked an unequivocal tweet:"
Okay, now that everyone is more or less in agreement that the Macron (2017) ordinances were harmful for social dialogue, ineffective for the economy and accelerating social precariousness, why not repeal them?
".
"Reduction of staff instances"
In detail, the Macron ordinances created new types of agreements. APCs (collective performance agreement) allow companies to adapt to the economic situation by modifying employees' wages, time and place of work. Collective contractual breaks which make it possible to avoid the rigidity of a social plan. They have also modified the scale of industrial tribunal indemnities. In mid-December, the evaluation committee remained cautious, considering that the pandemic had not facilitated the implementation of the devices. However, he was more worried about the CSEs, these bodies merging the former works councils (CE), health, safety and working conditions committee (CHSCT) and staff representatives. And itIt is precisely this point of the reform which crystallizes union anger.
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Because in the general opinion, the creation of a CSE resulted in the disappearance of a good number of elected mandates for the power stations.
All denounce the great fatigue of their representatives who can no longer count either on the local delegates to raise the problems, or on the deputies to support them, the latter no longer having the right to attend meetings.
"
It's not a merger, it's a reduction
," they denounce.
Unanimity
The government's plan proposes to strengthen training and better promote the career path of trade unionists, to support the establishment of CSEs and to support social dialogue in small businesses. “
We expected something other than an explained implementation. In short, we are being asked to go and promote ordinances which we are asking to repeal most of the time.
», Wonders Frédéric Souillot at FO. "
There was unanimity on the side of the unions
", summarizes Thomas Vacheron, one of the two negotiators of the CGT. “
Come back
”, “
correct
”, “
review
”, “
adjust
” ... if each control unit has used its own vocabulary “
everyone's speech was clear enough for the ministry to understand that it is necessary to go back to the substance of the text
, ”continues the cégétiste who welcomes this union which had not always been so frank.
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Will it be enough to push the government to agree to review certain provisions?
Nothing is less sure.
First, the employers' representatives would do the same analysis as the government, which is campaigning to allow the ordinances more time to take hold.
We must then deal with the legislative calendar which is complete by the end of the five-year term.
And so wait, in the best case, for the next term.
Until then, discussions should continue with the Directorate General of Labor (DGT)
