A-Infos (en) France, Organisation Communiste Libertarie - Courant Alternatif CA #227 - ABOUT AGREEMENTS WAGRAM (fr) [machine translation]

After three months of negotiations, trade unions and employers' tore Friday an agreement 
on securing employment, hailed by François Hollande as "a successful social dialogue. This 
agreement will lead to new advances for employees. " For employees or employers? CONTENT 
OF AGREEMENTS As regards the security of employees and unemployed: ---- overcontribution 
unemployment (employer) on CSD "increased activity" in less than a month (3%), 1 to 3 
months (1.5%) and the many so-called CDD customary exceptions ( 0.5%). In exchange, 
exemption from 3 to 4 months (depending on the size of the company) to hire a person under 
26 years CDI and CDI for temporary to define the industry. July 2013.
widespread access to complementary health group (funded half by the employer) with a 
basket "minimum": 100% of the basic social security for a consultation, 125% for dental 
and optical package 100 euros per year. Before 1 January 2016.

"Rights rechargeable unemployment insurance" for the unemployed retain some of their 
leftovers. Horizon 2013 renegotiation of the agreement Unédic. Maintaining the health and 
welfare rights for 12 months for unemployed (by 1-2 years).
part-time: Minimum 24 hours per week, except in special cases, smoothing possible over the 
year. Increase beyond the first hour (10% or 25% depending on case).
"Voluntary mobility secure" with the agreement of the employer, employees (firms with more 
than 300 people, with 2 years seniority) can "find a job in another company," with the 
assurance of return.
"Personal account of training," transferable powered 20h/an due to the limit of 120h. Used 
by the unemployed. Horizon: 6 months.
vote for 1 or 2 employees in decision-making bodies of large groups (5,000 employees in 
France and 10 000 in the world).
employee representatives access to a "single database" (investment earnings, cash flows, 
outsourcing, etc..) to "anticipate", with an "intensified dialogue" developments. Horizon: 
1 year.
Flexibility for companies

agreements "of continued employment" in return for a commitment not to dismiss a company 
in difficulty may conclude a majority agreement to "adjust" working hours and pay, without 
a social if it dismisses the least 10 employees refusing these changes. Duration: 2 years. 
When the company is better, it must "share the economic benefit" of the agreement with 
employees.
plans social facilities, "fixed" (process and content) or by majority agreement with the 
unions, or by administrative approval within 21 days, with maximum pre challenging times.
facilitated restructuring: internal mobility obligation (to pay or classification 
maintained) if an enterprise agreement organizes (conditions of removal, etc.).. Dismissal 
for "personal reasons" for refusal.
for individual dismissals: If conciliation agreement to tribunals, "liquidated damages" in 
length (capped at 14 months of salary for 25 years). If no conciliation, the judge remains 
sovereign.
prescription challenges dismissal after two years (3 years for disputes on wages).
for companies with fewer than 50 employees: direct recourse to experimentation CDI 
intermittent, alternating periods of work or not, in three areas.
the company can "focus" in "the order of dismissal" economics, "professional competence".
closing profitable sites: the text states that "it is necessary to consider looking for 
buyers after the announcement of the proposed closure 'of a site, no obligation.
"AN AGREEMENT AMBITIOUS?" The tax on short-term contracts concerns only classes with CSD 
grounds a "exceptional workload", the shorter and more frequent. They do not concern those 
relating to "replace absent employees" the longest. Or "contracts called use" are without 
limits premiums insecurity (on the latter on the contribution will only increase from 4 to 
4.5%). "An agreement will be signed in the interim to create the possibility of hiring 
temporary workers on permanent contracts that bind mission Mission" (sic). Employers 
enterprises will enjoy acting and replace CDD less than a month (15% interim costs, 
contracts cost 10% + 5.5%) and even more of one to three months (the interim costs they 
cost 15% 10% + 7%).

The "complementary health for all" cost, according to the MEDEF 4 billion. It is not the 
Safely abound but rather private insurance. This system is a wondrous gift for Axa, 
Malakoff Médéric and other large companies.

For part-timers, "Except in special cases and with smoothing over the year, a part-time 
contract shall provide for a period of at least 24 hours per week." But it is for 
employees to be employed one year after the signing of the agreement! They will be 
entitled to a period of minimum activity of 24 hours per week, unless they request a 
shorter time. Those already currently employed may request an "additional hours chosen" if 
they want to increase their weekly working time. The third article of the agreement 
provided for the creation of "human batteries" an unemployed person who takes a job does 
not lose his rights, and may be asserted in case of return to unemployment. Makes this 
possible announcement wrongly by the media will be included in the future ... in 2013 
renegotiation of the agreement Unedic.

Agreements concerning so-called "job retention" or "competitiveness" is a generalization 
of agreements that had been signed, and famous at the time in companies such as Bosch and 
Continental, which does had not prevented close after wrung their employees! It is finally 
the application of the bill announced by Sarkozy 31 January and published in J0 as the 
article 40 law Warsmann March 22, 2012: "Modulation of the number of hours worked over a 
short period without requalification contract work: the establishment of a distribution 
times over more than a week and not more than a year under a collective agreement does not 
constitute a change in the employment contract. " It's even worse since that time 
increased to 2 years. It was already possible to conclude agreements which derogate from 
the Code or the collective agreement by the Fillon law of 4 May 2004. It reversed the 
hierarchy of sources of law. But Fillon, the employee could refuse and he kept his rights 
in case of dismissal. This is worse than the Fillon law of May 4, 2004: the latter had not 
dared to enforce the law at the time an employee who refused to individually lower wages. 
That it remained his rights! There is no longer the case, it will be dismissed ... its 
wrong! It was conceded the creation of a "permanent intermittent" chocolate in 3 sectors, 
training and sporting goods!

A company that removes positions but "reclassify" employees by signing a "majority 
agreement" will be given to "social." In case of refusal of a position the employee may be 
dismissed.

The controversy has been raging in recent weeks around the quinquennium Sarkozy 
competitive employment agreements. These agreements, which allow a company through a 
period of difficulty lowering wages or increasing the working time, are still valid. But 
they are framed. Particular, an employee who refuses will be dismissed for economic 
reasons, that is to say, it will benefit from the unemployment insurance and severance 
especially (unlike a dismissal for serious misconduct). And over nine redundancies, the 
company will initiate a backup plan of employment. In contrast, the conventional 
procedures of redundancy are profoundly modified. Lack of agreement with the majority 
unions, employers may now develop itself a socially just and submit for approval of the 
Ministry of Labour. With time and the possibility of appeal to the judge greatly reduced. 
This last point was awaited from the management side. Another issue that could stir: the 
sharp reduction in the time during which the employees may contest before the judges 
dismissal or non-payment of overtime, for example.

As stated by the President of the MEDEF, the agreement "marks the advent of a culture of 
compromise after decades of a philosophy of social antagonism." "Tonight, the social 
partners have put France up to European standards in the field of labor market and social 
relations. The agreement they reached is in fact anything but a minimum agreement. " FO 
and CGT refused to sign the agreement, citing a text which "reinforces the insecurity" and 
a negotiation that "missed its target." But the goal was to give it to give new rights for 
employees? This agreement comes five years to the day after that on the modernization of 
the labor market, causing rupture conventional, since that ended more than a million CDI. 
The real issues of these agreements ranged elsewhere than in the social field: the major 
rating agencies justified their lingering doubts about France, including the rigidity of 
the labor market and the need to emphasize structural reforms. "In the short term, the 
planned reform of the labor market will be an important indicator of political commitment 
and public support for important measures that will strengthen the competitiveness and 
potential growth of the French economy," warned the One of them in mid-December. And thus 
interrupt the degradation process without raising the note. Are now turning to these 
agreements into law ...

Camille, OCL Reims, January 22, 2013
_________________________________________
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