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The draft opinion provides three sources of controversy

The palais d'iena there will be an atmosphere less felted as usual until tomorrow. The economic and social Council is asked to comment on a draft opinion very controversial on the representativeness. The record was given by Dominique de Villepin to the President of these, Jacques Dermagne, in June. Will be held the goal it set of proposals late November, as he is assured of a majority on the text: it has been widely adopted on 20 November by the Board on the subject, by 18 votes out of 27 ("Les Echos" from November 23), and if it is possible that some amendments be adopted even before the final vote, tomorrow afternoon, they should not change the physiognomy. The balance should not more deeply: the CGT and the CFDT should always rely on the support of the UPA,

Three controversial provisions

The work of the rapporteurs of the project, Jean Gautier and Paul Aurelli, has not been easy both confrontation has been violent at many meetings on the subject. The discussion will be led to a doubly unique configuration: spread of divisions employers (see below) but also some usual alliance of Medef and CGPME with FO and CFTC, in a shared hostility to the project (in which the GSC will join them, Wednesday). It is true that the these will have failed in the provok. The draft opinion provides three sources of controversy.

A majority of commitment

First, he advocates the removal of the Decree of 1966 that assigns an irrebuttable presumption of representativity to five confederations: CGT, CFDT, FO, CFTC and GSC. Today, they can negotiate without the evidence of their representativeness in all branches and all businesses. There is substituted a "more modern notion of national representativeness", which "should be the result of consultations for all employees and regardless of the size of their company to elect their delegates. The France would thus join the Spain, only European country having introduced an electoral dimension to assess trade union representativeness. Would pioneer since it is also proposed to "examine the opportunities and conditions" and the extension of the rule to the employers.

The second major innovation concerns the rules of collective bargaining. Since 2004, so that an agreement comes into force, should not that majority unions are opposed. A unique system in Europe. The text proposes to change the logic passing to a majority of the undertaking by steps: first, should the signature of unions that have a relative and not absolute majority.

Finally, the draft opinion discusses a third sensitive issue, particularly for the CGT (read below): collective bargaining in SMEs, particularly in the absence of trade unions. But he has no major news on the subject. It indeed took the precaution of return to a domestic agreement the fixing of its terms, asking the principle of compulsory validation either by employees, by a Joint Committee of industry.

The fourth chapter of the draft opinion, him, has not raised difficulties. It is true that all trade unions have to win because it's to increase their funding, in exchange for greater transparency of their accounts.

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