France - 2012

As the debt crisis threatened the eurozone, the government announced an austerity plan, including drastic cuts in public spending, in a bid to save over 100 billion euros and reach a zero deficit by 2016. The new plan represents a continuation of the austerity measures already imposed through the General Review of Public Policies, for example, or the pension reform.

At the end of 2011, France entered campaign mode, ahead of the 2012 presidential election. In October, François Hollande was selected as the Socialist Party’s candidate for the 2012 presidential elections.

Complaint to the ILO concerning abusive requisitioning at end of 2010: In February, the Confédération générale du travail (CGT) lodged a complaint with the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights Committee on Freedom of Association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework against the French government, following the requisitioning in the oil industry during the massive protests against the pension reform in October 2010. Trade unions had strongly criticised the government’s reaction to the protests at the time: its all-out refusal to negotiate, attempts to weaken the protest movement and abusive requisitioning of workers. The CGT estimated at 160 the number of striking workers requisitioned. The confederation pointed out that the authorities’ aim was not to ensure a minimum service minimum service The operations needed in a public or private establishment during a strike, normally to avoid compromising the life or basic needs of the population or causing irreversible damages.

See Guide to the ITUC international trade union rights framework in an essential service but clearly to break a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike . In November, the Committee on Freedom of Association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework requested the government “to ensure that, in future situations where a non-essential service is paralysed, but where measures to ensure a minimum service minimum service The operations needed in a public or private establishment during a strike, normally to avoid compromising the life or basic needs of the population or causing irreversible damages.

See Guide to the ITUC international trade union rights framework could be justified, the workers’ and employers’ organsations concerned are involved in the decision-making process, and that measures are not imposed unilaterally”.

Anti-union discrimination regularly condemned by courts: Acts of anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.

See Guide to the ITUC international trade union rights framework

were punished by courts on several occasions during 2011. On 12 April, for example, the appeal court of Nîmes condemned computer company Dell to pay damages and interest to a CGT union representative for discrimination and moral harassment, based on “unjustified sanctions following any procedure with any trade union overtones, the comments made regarding the activities related to his trade union position, his physical sidelining combined with the suppression of all his tasks... conduct which constitutes harassment aimed at weakening working conditions in a way likely to affect rights and dignity.” Several court cases were won by union representatives, whose career development was deemed to have been clearly blocked on grounds of their union involvement by employers such as Wagon automobile, Renault, the Caisse générale de sécurité sociale (social security department) in Reunion and the Caisse primaire assurance maladie (public health insurance department).

Representation issues:

The new rules on representativeness approved by the two largest trade union centres, Confédération française démocratique du travail (CFDT) and Confédération générale du travail (CGT), have been contested by several unions, including the Confédération générale du travail-Force ouvrière (CGT-FO), which filed a complaint with the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights , alleging that the legislation concerning social democracy, passed in 2008, infringes freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework and the right to collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
. Representativeness criteria based on voting strength has become mandatory, with the setting of representativeness thresholds of 10% of the votes for unions and representatives in elections at company or workplace level and 30% for collective agreements to be declared valid. The CGT-FO complaint refers to the criteria for the appointment of union representatives, the procedure to determine representativeness in the event of restructuring, the uncertainties during the transition period, the duration of the mandates and the constant electioneering that could undermine social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. , which the law was designed to improve.

In November, the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights Committee on Freedom of Association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework concluded by inviting the government to examine the possibility of revising the legislation with regard to the appointment of trade union representatives and to refer the examination of various other criticisms to the High Council for Social Dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. (HCDS), which is due to issue an opinion on the results of the assessment of union voting strength in 2013, at the end of the first electoral cycle after the legislation’s entry into force. As regards the representativeness thresholds, the committee considered them to be compatible with the principles of freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework .

Trade unionists unfairly dismissed:

Many employers continued to fire striking workers and union activists, as in the two following cases.

On 22 February, following a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike at one of its sites in La Courneuve (Seine-Saint-Denis), the management of the U.S. delivery company UPS initiated dismissal procedures on grounds of “gross misconduct” against five employees, including two members of Force Ouvrière (FO). The company claimed that they had “deliberately and actively blocked the free circulation of delivery trucks”, by virtue of which they were suspended, despite the fact that all of the drivers and warehouse staff were on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike . Following trade union pressure and an inquiry by the labour inspectorate, UPS had to overturn its decision and reinstate the suspended workers.

At the end of February, the management at the PSA Peugeot-Citroën factory in Aulnay upheld its decision to dismiss the Confédération générale du travail (CGT) union representative, Ahmed Berrazel, despite the labour inspectorate’s verdict that the dismissal was “clearly linked to his trade union activities and duties”. Ahmed Berrazel, aged 29, has already been the target of five disciplinary actions and an 18-day suspension in recent years. Following support actions led by the union, however, the management finally withdrew its Ministerial appeal and suspended the union representative for six days rather than dismissing him. Tensions are high within the PSA group, which announced 5,000 job cuts in France in 2011.

FN attempts to infiltrate unions: Several trade unionists who presented themselves as candidates with the far-right Front National (FN) during the local elections were expelled by their union organisations. The unions called on their members to be vigilant, reminding them that trade union values are not compatible with the ideas of this party advocating “national preference”. The CGT, FO and CFDT union centres denounced the FN’s entryist tactics seeking to exploit trade unions for its own political gain. The Front National responded to the expulsions by announcing the formation of a national circle for the defence of unionised workers, Cercle national de défense des travailleurs syndiqués (CNDTS), to fight against “the intolerable attacks on democratic principles being perpetrated by the main trade union centres”.

Member of Parliament proposes ban on strikes during peak holiday travel periods:

Following Air France’s announcement of its unilateral decision to cut working conditions, the unions gave notice of plans to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike (subsequently withdrawn), provoking a bitter reaction from a parliamentary deputy, Lionnel Luca, who is close to the Transport Minister. In a demagogic attack expressing his anti-union sentiment, the deputy called for a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike ban during peak holiday travel periods, recalling that he had already presented a bill to this end in the past.

The daily newspaper Ouest-France held an opinion poll on the controversial issue, which revealed that two out of three people oppose the measure, quoting their support for the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike as the grounds for their opposition.

Employers’ strike breaking tactics:

In August, several trade unions denounced an initiative by the Paris transport department, Régie des transports parisiens (RATP), aimed at replacing striking drivers with managers and supervisors, who were offered a monthly bonus of 100 euros for being available in the event of a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike . Whilst the law on minimum services in public transport provides for measures to ensure the continuity of the service in case of a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike , it also establishes an obligation to engage in dialogue and to take dispute prevention measures. The need to respect this obligation is erased in this scenario. Trade unions consider the initiative to be discriminatory.

The use of private contractors is becoming increasingly commonplace, not only in airports but also for the surveillance of ministerial or court buildings. Trade unions also denounced the poor pay and working conditions of private security guards.

Malicious leaks in the press: On 14 December, several trade union confederations and an employers’ organisation employers’ organisation A body of employers associated for the collective protection and promotion of their interests. Can engage in collective bargaining with trade unions or trade union organisations. called for the publication of a report of the commission of inquiry into the funding of the social partners social partners Unions and employers or their representative organisations. with which they had collaborated. The report was not voted on, which, in principle, means that its content, the hearings and the discussions within the commission are confidential. However, incomplete and biased information reported by the press managed to discredit the workings of trade unions, despite their compliance with the new rules enacted by the law of 2008 on the publication of audited accounts.