The class struggle is more relevant than ever: the state, the Employers and their allies
(yellow unions, bourgeois media ...) use all the weapons at their disposal to attack the
interests of the working class, regardless the color of the government. The National
Interprofessional Agreement (ANI) is a very serious blow to the social war. ---- At a time
when employers gets the best out of the crisis by firing with a vengeance, Bill appointed
National Interprofessional Agreement (ANI) is designed to make it easier redundancy
procedures and weaken the possibilities of redress available the honest worker ? ? s. This
is not a small step in the case of labor law, because this bill is very dangerous, for
example, that more regressive agreements deregulation of the labor market in 2008.
Employers in a dream state the fact
Sarkozy, at the request of employers, launched in January 2012 for the negotiation
"_accords guide_ competitiveness." Before the employee ? e ? s Gandhinagar, Holland
candidate promises "_These agreements do not see the day_." However, in October 2012
Ayrault and Holland send the unions a working paper on security of employment requiring
them to resume negotiations that could lead to spring 2012 due to time constraints. The
negotiations took place at the headquarters of the MEDEF, the most powerful union bosses,
based on a text written by the latter.
On 10 January 2013 the CFDT and two other unions used betrayals sign atop a slightly
revised text presented by the MEDEF release. The spokesman employers applaud with both
hands and requires that the agreement "to Letter_ _soit respected." Holland is satisfied
and asks "_In government [...] to transcribe faithfully order pr?vues_ legislative
provisions" in the agreement. The CFDT delegate said that without laughing is "ambitious
_d'un to reduce pr?carit?_ agreement" _! Yet it is exactly the opposite.
ANI seems complex but in reality it is very simple: in a context where the bosses are
using the crisis as an excuse to dismiss, it is for them to be able to fire more freely
and at a lower cost. In short, put a door in each of the workstations without having to
pay too much for the lives and broken. It is therefore much more precarious in the heart
of the system. ANI is a machine always make more unemployment. Note that we are all
concerned ? e ? s ? e ? s.
Employment blackmail thousand power
- The bosses can fire without having to prove any economic motive ? e ? employee who
refuses a change in the position or place of work (Article 15). The dismissal will be for
personal reasons. Or the employee will be deemed ? e ? e responsible for his dismissal for
refusing to mobility. Finally, the mobility clause is not limited in terms of distance or
time d?placement_: employers will therefore free hand to dismiss them at will.
- In exchange for the promise not only fire for two years, the owners will make us work
longer and / or pay us less (Art._18). Worse than the Sarkozy project on the subject that
provides the opportunity for employers to make us work harder for a year, but without
affecting wages (Warsmann law, OJ March 22, art. 40). It should be noted that it is the
part of employers as a promise, and limited to two years. Nothing prevents them from
laying still, as the example of Continental in Amiens. Employers hope and reduce the wage
share in the wealth created by the company, which will be much more profit for owners and
shareholders. It is also a pernicious way to end the legal working time.
An example of what could give these so-called "_maintien the guide_" agreements is given
to us by an agreement signed with Renault in early March. I quote the Tribune libertaire1
union, led by members of the CGA_ "_salu? by the bourgeois press as a" first such
agreement in a group, which could become a reference in the field "(Le Parisien) that it
expects an increase in working time of employees ? e ? s 6.5%, with of course the wage
freeze in 2013. In return (sic), Renault is committed [2013] not to close sites, not to
resort to social [...]. By cons it maintains the 8260 job cuts planned by the end of 2016
(15% of the workforce). _ "
- (Art. 18 always) Patrons may dismiss the employee ? e ? s who refuse the consequences of
these so-called "_maintien the guide_" agreements. The dismissal will be for economic
reasons, which will be sufficient justification refusal of the above agreement (!). Again
it comes to decide instead of the reason for dismissal tribunal. But the worst is that ANI
provides that employers are then exempt from all legal and contractual obligations that
would have resulted in a dismissal for economic reasons.
- (Art. 20) And if any "_of maintaining guide_" agreement is signed with the unions, the
NNA still exempts employers with legal and contractual obligations related to redundancy
in the event of collective redundancies, provided that the document produced by the
employer is approved by the DIRRECTE. Approval may only be implied and excludes all
control over the pattern of layoffs. Family responsibilities, seniority, age and
disability are no longer required references to who will be laid off and will be kept. The
order of dismissal is now set by the boss (Art._23).
Dreams are our nightmares employers
- (Art. 25) In case of dispute with a dismissal tribunal ANI provides conciliation between
employers and employees ? e ? s, which will lead to better on the payment of a capped
amount, fixed by a strict schedule based on seniority, which is to limit the amount. Only
if no agreement is reached at the time the employee or ? e can go to the tribunal judges.
But be careful not to lose too much time on the road because (Art. 26) What time the
employee ? e ? s to use the tribunal to challenge dismissal from 5 to 2 years. The time
for the employee ? e ? s recover wages owed to them from 5 to 3 years (after the
dismissal). It is clear that these new conditions many employees ? e ? s could not succeed
in the past.
- Ability for owners of businesses with fewer than 50 employees ? e ? s to unilaterally
intermittent CDI in three sectors. Two days before signing the agreement, the negotiator
of the CFDT pourtant_ said: "We are strictly opposed to the creation of CDI project and
intermittent CDI. We know that these contracts would be the norm, and therefore sign a new
employee precarious ? e ? s. "He finally turned his coat, overnight.
- (Art. 12) elected ? e ? s staff be assessed the "_confidentialit?_" on them and the
information they receive as part of early consultation ... early versus quoi_? Compared
with carts licenciement_?
Advanced small
or setbacks d?guis?s_?
One of the obstacles to the mobilization of media propaganda complex agreement and this as
more or less "_?quilibr?_." But it contains some alleged "advanced _petites employees" are
actually real gifts to employers.
- There is talk of a "health always _compl?mentaire ? te ? s_". It is actually a thin
cover for medical expenses on a basket of very limited care. Funded by employee ? e ? s
and bosses 50/50. But it is the boss who decide unilaterally where the money goes. It's a
safe bet that this sum does not go to mutual but private as Axa, Allianz and others who
welcome this new market insurers. It is indeed a competition of safety and mutual with the
major insurance companies. It is true that the direction of the CFDT say quietly but
steadily for the "_mise competing security sociale_."
- On the overtaxing of CDD_: no victoire_! The cost of unemployment insurance for new
exemptions from employer contributions for "_CDI jeune_" (150 million) exceed that yield
increased employer contributions only on less than three months (CDD 100 million, figures
MEDEF). In addition, seasonal contracts or replacement CSD or CSD than 3 months are not
affected by these lightweight surcotisations (between 4 and 7%). But mostly the interim is
not concerned, or the cost of a temporary contract is now 15% less than a conventional CSD
contract runs. Instead of using a short CSD employers will appeal more to acting, offering
new perspectives for profit and Manpower company. Finally the young hired ? e ? s short
CDI can anyway be dismissed ? e ? s after three months trial periods have been extended by
previous laws.
- MEDEF has not conceded the rechargeable unemployment insurance rights, because the
agreement only commits to a further discussion at the next negotiation Un?dic. In
addition, the agreement states that if it were to develop, the accounts of UNEDIC should
remain balanced, which would indicate a decrease in other expenses and therefore a general
decline in unemployment benefits. As for the "_compte staff formation_" which according to
the media propaganda or follow the employee ? e even if it or it goes through periods of
unemployment, it is limited to 20 hours per year. But there is already an individual
training of 20 hours per year right, and the two will of course not be combined. Finally,
there is concern that the procedures for monitoring employee ? e ? s "_Tout throughout the
vie_" through different accounts, "_passeports formation_" and other "_livrets
comp?tences_ of" being transformed gradually into a flicage for on behalf of the bosses
that await them, the return of workers booklet with all the pedigree of job applicants.
- Hours compl?mentaires_: exchange agreement financial compensation for overtime improved
slightly ... against the ability of employers to use "_heures compl?mentaires_" instead of
overtime, and that the rate of increase will be negotiated by industry agreement (Art.11),
within eight hours of additional periods per year. Or how do you think that then gives
that we take ...
We are not kleenex!
ANI will not be finally adopted until May 2013. But time is short. Nothing to expect from
member ? e ? s, which we know will vote on the text after perhaps a few minor amendments.
This text is not amendable, it is from beginning to end a disaster for the employee ? e ?
s and the masses of unemployed ? ? s_ honest! As for the future law PS "_contre the
licenciements_" it is only a promise of more, for passing the pill ANI with union leaders
and the left wing of the Socialist Party, as well as calm social anger. It will be in fact
an absolutely inoffensive_ scoop: it will focus on layoffs by profitable sites, or one of
the effects of ANI is to allow employers to qualify all economic or personal layoffs ...
Enclosed in a strategy of lobbying MPs, there really is no hope that the directions of the
CGT and FO go beyond sporadic calls for days of action without a strike at best.
As the group Lyon_dans his tract "_ The experience of the last movement of pensions must
be exploited: what we need is the development of active strike, with blocking the
production, transport . It is the proliferation of popular initiatives, businesses,
neighborhoods, communities, based on the balance of power and not illusory "of the elected
? e ? s response" call. [...] So you need us today, while helping to develop our unions in
the conditions of a mass struggle, create inter-union relationships, the inter-base to
cope in all circumstances bureaucratic maneuvers and developing the of popular
self-organization. In addition to this work in the trade unions and between unions and
unionized ? e ? s base, we must develop organizational spaces for driving nonunion ? e ? s
in the struggle, and the coordination of action among all sectors populaires._ classes "
The SANOFI Toulouse and Montpellier recently won a small legal victory, but if ANI
password, they are cooked. I hope to have shown why ANI is a powerful weapon against all
those who are currently fighting against layoffs in their boxes, and all honest worker ? ?
s today or tomorrow .
Hugo
(Group A. Camus, Toulouse)
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