With the Badinter report on “the fundamental principles of the labor law” having been delivered on 25 January 2016, the Minister for Labor, Myriam El Khomri now holds the key piece for the Labor Code’s new architecture. The report sets out sixty-one major labor law principles making up a framework in which the social partners can adapt their own rules. These principles will be a basis that will serve as both a limit and a reference once what has formerly been legislative based labor law transforms into a body of labor laws involving more collective negotiation. The draft law due to be presented by the Minister on 09 March 2016 will launch an overhaul of the Labor Code’s architecture, in a bid to have a completely new labor law by 2018, whilst drawing on the content of this report. In the meantime before this key date, the draft law will turn its attention to providing company agreements that have more leeway to organize working time.
With yet another report under her belt the Minister for Labor, Myriam El Khomri has at least the makings of the Preamble to her future Labor Code. In any case this is the wish of Robert Badinter, President of the Commission tasked with drafting the fundamental principles underlying the labor law. These principles “constitute a reference system for those who will have to interpret and apply the rules,” explained the former justice minister under François Mitterrand, known for the fight to do away with the death penalty.
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