(en) France, Alternative Libertaire AL #246 - Employment law:
The case of the tribunal is running (fr, it, pt) [machine translation]
Two pieces of legislation want to reform Labor Court removing elections and
professionalizing the judge, at the expense of the rights of employee-es. ---- Is it clear
that the Labor Court is not a panacea; she is content to apply a very favorable labor law
to the interests of the capitalists; that this right is deteriorating; the industrial
tribunals - half of employers and half of trade unionists all persuasions - are mostly
supporters of implementation of the Code of work favorable to employees; that the
procedures are long; and that the illegality of the dismissal of the finding does allow or
reinstatement or full compensation for the loss of jobs? Reform would not luxury, but one
that is initiated by the government is not serving the employee-es.
Since 1979 the industrial tribunal councilors are elected, first by employees working or
unemployed and on the other by the employers. The government wants to delete this
election. The final text was adopted on 20 November 2014. It is expected that advisers
will be appointed based on the results in professional elections, ruling in fact the
participation of the unemployed and the vast majority of employees of small and very small
businesses, c that is to say those who are the face-es to the Labor Court.
Ultimately, this method of appointment will promote an organization such as the CFDT
(21.8% prud'hommales the last elections, but 26% in professional elections) to the
detriment of the CGT (34% and 26.8%). A second text, presented to Cabinet on 10 December,
wants to shake up the employment tribunal proceedings. What is at stake is the
disappearance of the specifics of the industrial tribunal: lay judges joint offices in
conciliation and judgment oral hearing ... to go to a justice organized around a
professional judge with employee and employer assessors.
The goal rein in militants
The bill does not provide (yet?) Mandatory defense by counsel, but such a measure would be
the logical conclusion, with the aim to a significant decline in proceedings brought by
employees against their employer-es. As against this text frames the trade union advocate
function[1] certainly giving it a status (the means to act), which could be seen as a step
forward but by requiring that those will be recorded "on a list stopped by the
administrative authority on presentation by the representative organizations of employers
and employees "and they are required to" an obligation of discretion with regard to
information of a confidential nature and provided as such by the employer " . In short,
this is yet to curb activists and militants, whose action is essential to many and many
employee-es to be able to defend the tribunal.
The training of counselors who will be entrusted to professional judges rather than trade
unions; strengthening of disciplinary procedures for tribunal members suspected of rampant
trade unionism; the complexity of the applications were lodged; everything is organized to
toe the line of industrial tribunals, admittedly imperfect, but which act activists
fighting for the rights of employee-es.
Jacques Dubart (AL Agen)
[1] Be union supporter is to be an activist "by attorney-e function" with employee-es
filing a case to the tribunal
.
http://www.alternativelibertaire.org/?Droit-social-La-casse-des-prud
