Emmanuel Macron and the government have no desire to procrastinate on the reform of unemployment insurance, despite the slap they have just received in this matter. Guest on BFM-TV, the Minister of Labor, Elisabeth Borne, confirmed on Thursday 24 June that she will very soon take initiatives in order to achieve a “Quick application” provisions which have just been suspended by the Council of State. “We are giving ourselves a few days to examine how we will be able to come back to the front [la plus haute juridiction administrative] “, she said, without giving details on how to proceed and the timetable.
M’s wordsme Borne hold the attention because they let glimpse a rather unexpected scenario. To better understand their scope, we need to take a step back. Tuesday, June 22, following an appeal from several unions, the Council of State ordered the suspension of the method of calculating unemployment benefit, fixed by a decree of March 30 which was to come into force on 1er July. This decision is motivated by the fact that the uncertainties about the economic context prevent the implementation, from the start of this summer, of new rules, the aim of which is to promote job stability by reducing the monthly compensation for workers. unemployed “subscribers” to short contracts.
“Reassure about the situation of the job market”
For the summary judge, we do not know how the health crisis will develop and its consequences are difficult to assess, with regard to companies that hire a lot of labor on a temporary basis – in commerce and hotels. -restoration, in particular. However, the parameters provided for by the decree of March 30 “Will significantly penalize employees in these sectors”, as recalled by the Council of State, in a press release. Believing that these measures could be marred by “Manifest error of assessment” likely to create a “Serious doubt about [leur] legality “, the high court considered that they should be frozen. The magistrates of the Royal Palace must now conduct a substantive examination of the decree, to determine whether it respects the law. A sieve passage scheduled in a few months – ” before the end of the year “, ensures a well-placed source.
But the executive doesn’t want to wait that long, as Mr.me Borne, Thursday. So what are its means of acting? The minister’s entourage does not wish, at this stage, to give any details on the “Strategy” in development. In absolute terms, the government has the possibility of “To come back to the summary judge to ask her, citing new elements, to review her suspension decision”, explains, for his part, a connoisseur of administrative justice. “But I doubt that such a step is allowed, complete this same source, unless there is a very very significant improvement in the economic situation. “
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