Decision of the “Conseil d’Etat”, July 6, 2007. Unsurprisingly, the high administrative jurisdiction gave a ruling on this action for cancellation filed by the five French trade union confederations, in which it says that the provisions of article 1 of the August 2, 2005 ordinance – which enable to exclude employees under 26 from the thresholds of workforce which determine the duty to introduce staff representation bodies – “can exempt some employers of their duties defined by the March 11, 2002 directive (which recognizes a right to workers’ information and consultation) and the July 20, 1998 directive (which contains minimum rules in the event of mass layoffs, and notably in terms of staff representatives’ information), and, thereby, to deprive the workers they employ from the rights these directives grant them”.
France : the government’s policy questioned twice because it ignored international and European law
Coincidence, or will to make it a symbol ?The two expected decisions, which put on the spotlight two important measures which, in the name of employment policies goals, amended the labour code, came the same day out of two different jurisdictions, one judicial and the other administrative. The second declared that the provision which enables to exclude employees under 26 years old from the threshold of workforce for the appointment of staff representatives, is contrary to the European directive on information and consultation. The first, that the "contrat nouvelles embauches" (CNE), a form of employment supposedly more flexible, is contrary to the ILO's convention on dismissal. (Ref. 070616)
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