2023-07-25 05:30:22
Posted Jul 25, 2023, 7:30 AM
After having suffered a refusal from the government to modify the rules of employers’ representativeness, the craftsmen, traders and liberal professions of the U2P bet on the “flash mission” launched by the Social Affairs Committee of the National Assembly. But she “gave birth to a mouse”, they regretted as soon as they knew her conclusions.
Like the executive, the deputies indeed return the ball in the camp of the employers’ organizations. “The deputies say: ‘Yes, there is a problem, yes, the device is not satisfactory, no it is not an equitable distribution but that they manage'”, deplores Jean-Christophe Repon, vice-president of the U2P. And to add: “If we had been able to make the Medef bend, we would have done it, but we received an end of inadmissibility so we have to legislate and that requires political courage. »
The employers’ world remains in agreement on the fact that employers’ representativeness is calculated not like trade union representativeness via elections but on the basis of members. The conflict concerns how to count them: should we take into account the number of companies that are members of an organization or their salaried workforce and, if we mix the two criteria, what should be the weighting?
Fairly convoluted agreement
In 2016, the employers negotiated a rather convoluted agreement in that it provides for different rules for financing, for representation in joint bodies and for the exercise of the right to oppose an agreement concluded. On each of the first two subjects, a different company/employee mix applies. The right to object requires the representation of more than half of the employees in the field in question.
This agreement transcribed into the Labor Code in 2016 was denounced by U2P in 2019, “the experience [montrant] that the fate of small businesses is totally subject to the decisions of the representatives of big business,” she said. The mission, whose two rapporteurs were the Insoumis Hadrien Clouet and Didier Le Gac, from Renaissance, evokes the subject well, but without deciding. It delivers flat the arguments of each other, pointing out the concerns of the U2P but also the arguments of organizations “representing more large companies”, including the Medef.
Conclusions that go well with Medef and CPME
She also affirms that the start of the third weighing of employer representativeness which has just started pleads to delay on the subject, and is part of the continuity of the policy of the executive since always by judging that it is up to employers to agree. Conclusions that go well with both the Medef and the CPME.
At Medef, it is emphasized that “we must bear in mind the primary objective of measuring employer representativeness, which is the organization of social dialogue within the branches and at the interprofessional level and, ultimately, relations between employers and employees. In this respect, the criterion of the number of employees in the company must therefore remain the main criterion taken into account, along with the number of member companies. »
François Asselin, the president of the CPME, believes that “we succeeded a few years ago in finding the right balance” and underlines that it “is nevertheless logical that on the social level, those who have the greatest number of employees decide ”. He is not closed to developing the system in the medium term: “we can always do better”, but he is pleased to have “obtained that the field [qu’il représente]that of SMEs, has become unavoidable”.
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