The desire for consensus only lasted a few hours. After having found common ground on the law relating to the management of the health crisis, the executive and the senatorial majority clash again on this text, definitively adopted, Sunday, July 25, by the Parliament. In a joint statement, the groups Les Républicains (LR) and Union centiste at the Luxembourg Palace castigated, Wednesday, July 28, the statements “Inconvenient” and “Without any legal basis” two members of the government: the Minister of Labor, Elisabeth Borne, and her colleague in charge of industry, Agnès Pannier-Runacher. A controversy that feeds confusion over the real scope of certain measures.
The quarrel concerns “recalcitrant employees”, a term that has emerged in the wake of the debates to designate workers without a health pass when they are required to have one. The bill, passed at first reading in the National Assembly, allowed employers to dismiss their employees in this situation, after a period of two months. But senators, especially from the right and the center, opposed such a provision, deeming it excessively punitive. After bitter discussions, a compromise was found on somewhat softer rules. For people employed on permanent contracts who do not provide the required proof, the employment contract will be suspended, as will the payment of remuneration. The possibility of dismissing them, initially envisaged, was abolished at the end of the negotiations in the joint committee.
But this solution is not as protective as what the senators say, according to Mme Thick headed. On BFM-TV, the Minister of Labor set foot in the dish on Tuesday, indicating: “I think we have to be clear. It doesn’t mean that there can’t be a layoff. This means that he will be less supervised, perhaps he can intervene earlier. ” In other words, companies would retain the right to separate from their recalcitrant employees.
They could, moreover, sever the working relationship more quickly than in the device imagined in the National Assembly since it provided for a period of two months, finally abandoned. Mme Pannier-Runacher was in the same vein by asserting, Wednesday, on LCI, that the senators “Did not prohibit dismissal at all”. “They took off the protections we had to put on (…) to make this dismissal very difficult to implement ”, she added.
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