France, Alternative Libertaire AL #247 - Growth and Business Law: The tote liberal Macron (fr, it, pt)

France, Alternative Libertaire AL #247 - Growth and Business
Law: The tote liberal Macron (fr, it, pt) [machine translation]

The law "for the growth and activity" is presented by the government as an addition of 
small measures to simplify the Labour Code. But with work on Sundays, a series of 
privatizations or breakage industrial tribunal, overall consistency and appear only goal: 
turning workers into flesh bosses. ---- Difficult to find in the legal morass that is the 
law called "Macron" tote made up of a cluster of measures that are as much social 
regression. Let's look at a few. ---- Twelve worked Sundays ---- The government bases its 
propaganda on the opportunity to spend five to twelve Sundays worked per year, based on 
the so-called voluntary. But deregulation is wider: the state could directly create 
tourist and commercial areas, where every Sunday is allowed, the stations of shops would 
not be limited worked Sundays and wage compensation for night work (from 21 hours and 
midnight) jump for retail. It is on this last point to return to the jurisprudence 
obtained following the fight at Sephora Champs-Élysées last year.

Let us recall some figures: today 3.5% of shops are open on Sunday about legally or 
illegally, this sector employs 4 million workers in all sectors of 5% of employees work on 
Sundays regularly, 25% occasionally, 7, 4% work at night[1]. If the government puts 
forward work on Sundays and night[2] is that he knows he is cleaving in employee-es who 
think they can earn more. Until this Sunday or night work is exceptional, management is 
indeed often forced to compensate by premiums. Now the Macron law excludes such 
compensation in firms with fewer than twenty employees (80% of the trade) and nothing for 
the other, referring to possible collective agreements by professional branches, where we 
know that nothing will be obtained leaving in a few boxes CFDT is sure to hold up as 
trophies. The challenge for the employers and the government is therefore trivializing 
work on Sundays and night to avoid having to pay wage compensation.

Also sell perfumes until midnight not covered by any economic need (framing concept far 
recourse to night work or Sunday). That will raise neither consumption (since products 
purchased on Sunday will not do during the week) or hire (as it will be less products 
purchased during the week or during the day, there will be less need for jobs ). We are 
here only in the offensive of the MEDEF and the government to make the employee-es 
bondsmen to thank you, available depending on employer demand. The "jobs at 0 euros" 
English, where employee-es are paid to the task as needed, hang in our faces.

Break the defenses of employee-es

Furthermore, voluntary and free will of the employee against his boss only exist in 
liberal discourse, especially when a whole section of the law is to destroy the means of 
employee-es of defense, which are already struggling today to operate because of the 
multiple barriers and the limited resources allocated.

Thus, an arsenal of disciplinary action is planned against the industrial tribunals, 
particularly condemn any "bias", while they are not like the other judges but for half of 
them militants union, so in principle on the employee side. Part of the labor inspection 
skills would be transferred to Direccte, which are under the prefect and in connection 
with the local business, a handy disposal to bury hot issues. In parallel with the Macron 
law, the measures presented by the end of October Holland to "simplify business activity 
in the face of bureaucracy" call into question in particular the opinions of physicians, 
deemed "too restrictive" and regular visits medical. Finally, the HSC would lose their 
operating autonomy, their procedures blocking power and prison sentences for preventing 
the union bosses operation would be eliminated[3].

A new series of privatizations is planned: review of heavy vehicle license business in 
weapons or research, airports and opportunity for hospitals to establish subsidiaries 
(such as universities there a few years). The bus lines between cities would be open to 
competition, which may seem relatively harmless if in parallel the train was not going to 
withdraw the benefit of regional trains TGV. Clearly, term, regional trains will be 
replaced by private buses. The environment is not forgotten in order to allow companies to 
pollute without too many constraints.

Last but not least layoffs are new facilities: the bosses bought choose the order of 
dismissal and spend reclassification obligations. The acceleration of redundancy plans 
procedures by the National Interprofessional Agreement (Ani) 2013 has unsurprisingly 
confirmed the bosses in their requirements more one gives, the more they demand. All these 
attacks finds its consistency in the legal details of the Macron law, which tend to ever 
bring the employment contract of a simple agreement between two parties (such as a lessor 
and a lessee), the dispute would settled by civil judges and not by the tribunal, on the 
Anglo-Saxon liberal model. We meditate on this subject citing Laurence Parisot, still in 
tune with the times, "freedom of thought stops there or starts the Labour Code"[4].

The law was published in early December and will be presented to the National Assembly on 
26 January. Nothing union reactions are rather timid. It must be said that it is always 
difficult to mobilize employees working on these issues in a very technical appearance, 
and the news in this fall does not help. Within confederation CGT, there are voices that 
the debate on the resignation of Lepaon does not drain on the orientation and the 
construction of a general mobilization. Finally, in Paris, the date of January 26 
mobilization initiated by the Inter-Trade Clic-P was taken over by the CGT-Paris then 
regional unions CGT, Partners, FSU and FO. This event has not been a tidal wave or a 
disaster, bringing together thousands of people. A new mobilization could take place in 
February.

No need to lie: in the current context, to mobilize directly against the law Macron has 
little chance of working. Rather it is giving off in the general direction, the project 
company we reserve the Liberals, leading the ideological battle, making the link with own 
resistance to each professional sector, we build the foundation for mobilization of the whole.

Gregory (AL Orléans)

[1] See "A detailed analysis of Macron Bill: on the way to "régressisme"?" Gerard Filoche.

[2] Returning once again on a Holland campaign pledge: "The struggle of 2012, is to 
preserve the principle of Sunday rest" , April 17, 2012 in Lille.

[3] A petition against these provisions "To not lose his life to win! " was launched by 
unionists, doctors and associations.

[4] We refer to this portion of the analysis G. Filoche.


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