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France, the clash over the Jobs Act is growing: here are the most discussed points

On the eve of the vote in Parliament (the debate in the Chamber begins on Tuesday 3 May), tension is rising in France over the reform of the labor code promoted by minister Myriam El Khomri and contested in part by the government majority itself - In recent days, demonstrations throughout the country have caused dozens of injuries – Here are the most disputed points.

France, the clash over the Jobs Act is growing: here are the most discussed points

Violent clashes across France to protest against the labor reform bill, the so-called “El Khomri law”, which takes its name from the minister who proposed it. Protests against the French-style Jobs Act have intensified again over the past five days, culminating last night in the participation in the initiative, held in Paris, of the “Nuit debut” (The "standing night"), which was also attended by the trade unions and which once again recorded violence and injuries. In particular, on Thursday afternoon, a series of demonstrations (which according to the unions involved half a million people throughout the country, of which over 60 in Paris) degenerated into clashes which provoked dozens of injured, some of them very seriously, both among protesters and law enforcement.

The mobilization has been going on for weeks (on 31 March 1,2 million people were registered in the streets throughout France) and is led above all by young people, who consider the reform too unbalanced in favor of entrepreneurs and oriented towards the precarious. The government still has little time to take note of popular discontent: for deputies today is the last day to present amendments, and the debate in the Chamber will begin on Tuesday, which promises to be fiery.

According to reports from the transalpine press, it is in fact the same government majority that suggests some changes to the text desired by the Minister of Labor Myriam El Khomri and approved more by the industrialists than by the trade unions. Before entering the parliamentary battle, the new "Labour Code" has already passed debates and amendments in committee. Here are the most discussed points:

– Limitations of restrictions on the right of 11 consecutive hours of rest: Some restrictions will remain, but many have already been lifted.

- The so-called “offensive” deals, according to which a company can modify the employee's working hours and conditions (but not the monthly salary): they will be possible only if signed by unions representing at least 50% of the company's workforce. At that point, if the worker refuses the agreement, he can be fired for just cause. On this point it will be a real battle, says the press.

- The so-called "cheap" dismissal: according to the text desired by the Minister of Labour, a company with fewer than 11 employees will be able to resort to layoffs if its turnover is decreasing for more than a quarter (compared to the previous year). Not only that: for those between 11 and 50 employees, two consecutive quarters in the red will be needed, which become three for companies between 51 and 300 employees. Over 300 employees would need four consecutive quarters (one year) of losses. There will be much discussion here about the possibility, which the new law would like to grant to entrepreneurs, of demonstrating their financial difficulties not only through accounts but also by making use of other data.

– The art. 41, the one that guarantees the transfer of employment contracts in case of transfer of the business: companies are also battling this, judging it too favorable to workers. However, it is also foreseen that those who refuse the transfer will be judged to have resigned. For the unions, this rule could favor layoffs before the sale, and for this reason the commission has come to limit it to companies with at least 1.000 employees.

– The taxation of fixed-term contracts (so-called CDD): the rationale of the law is the fight against precariousness by making the cost of short-term contracts higher. The higher taxation is foreseen in the form of a contribution to the unemployment benefit. “A stab wound”, the entrepreneurs defined it, arguing that a fixed-term contract “is part of the business and responds to seasonal or replacement needs”. On this point, however, Prime Minister Manuel Valls has personally exposed himself, receiving the applause of the unions.

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