Wednesday, July 15, 2009

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The Labor Minister Xavier Darcos defended Tuesday the new version of the Law on the work of Sunday, he said, will "put an end to the jungle that exists today," while noting "the fundamental principle of rest Sunday.

The French "will realize as and when the debate will become clearer, because I recognize the moment it is a little complex, it is to recall the fundamental principle of Sunday rest "assured Darcos on RTL. "We must put an end to the jungle that exists today because it is something profoundly deregulated.

"This includes areas and places extremely specific, 500 common tourist, 30 areas within cities and major tourist cities of over one million inhabitants, or three "such as Paris, Lille and Marseille," where there could be exceptions "he added.
"Those who are already working have already signed agreements of any kind, enabling them to have different recovery systems that protect the rights of employees," said Darcos. And "in many situations, areas, they are tourist areas, where no one works only part of the year."


Saturday, July 11, 2009

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The proposed law aims to adapt the exceptions to the Sunday in municipalities and tourist areas and hot springs, and in some major cities (Paris-Aix-Marseille and Lille) for employees volunteer. To benefit from these exemptions, municipalities and regions who want to get the tourist classification must meet several criteria (exceptional influx of population, number of hotel beds ...). This is the prefect grant the waiver after review of the council, the Chamber of Commerce and Industry, the Chamber of Trade Unions and employers and employees interested in the town. Permission will be granted for a maximum of five years. The concept of tourist season does not appear in the text, it will be the prefect to fix the calendar. Only employees who have given their written consent to their employer can work on Sunday on the basis of such authorization. One point that is being debated: "Which job seeker expresses his refusal to work Sunday at the job interview?" Queries the PS.


Friday, July 10, 2009

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Penalty payments: the agreement of the employee may be required

Community Directive No. 93/104/EC of 23 November 1993 on working time kept Sunday as the weekly day of rest. This date does winning naturally in everyone's minds, especially in Britain, it can now be selected by the Member States, since a decision of the Court of Justice of European Communities, United Kingdom v. Council of 12 November 1996.
The question has even disappeared from Sunday's European Law since 2003. Proposals have been made in Parliament European hoping to protect Sunday as a day of rest, especially this year without success. Petitions or demonstrations do not know at this time tomorrow.
While overall, the number of workers on Sunday increases, each country of France is an exception - adopted on Sunday working to meet its own rules of historical, cultural, tourist, social, religious ... liberalizing regimes work on Sundays. If the majority of European countries have opted for the model of the derogation point, allowing some businesses to be open at certain times and under certain conditions, others have chosen outright liberalization.
The first to have taken this route is Sweden, which was also the first to drop the ban on Sunday work in 1971: the rate of regular workers went from 11.9% in 2007. The full liberalization was also decided in Hungary and the Czech Republic in order, according to local authorities, to stimulate the market, supply and consumption. However, importantly, only 7% of all Hungarian, 14.6% against the Czechs, opened their shop Sunday.

Exemptions light. Just as liberal but imposing spatial limits, Britain and Spain allow the opening of shops but it is for surfaces that total less than 300 and 280 sqm. Across the channel, this limitation was set by the Sunday Trading Act 1994, which was desecrated on Sunday, which is gradually becoming the second day of the British preferred to go shopping.

countries more rigid. In Luxembourg, the workers are entitled to work that Sunday morning while some countries like Italy, the Netherlands, Belgium and Norway, allow a limited number of Sundays per year. Finally, Germany and Austria are more severe, with a general prohibition of work, with exceptions granted by national or local authorities (which can lead to situations in different regions). Such stores may open four Sundays per year in Berlin, Sunday religious holidays are forbidden.

Unexpected results. These restrictions do not prevent Austria to see 17.4% of its assets usually work on Sundays. In contrast, liberalizing Sunday work does not make it necessarily more than this: in Sweden, only 11.9% of employees work regularly on Sundays.
An economic debate in America. The effectiveness of the liberalization of Sunday work is being challenged in North America. If the creation Employment is at an appointment with an increase of 2 to 6% of employment in the trade sector, the results related to productivity are much more mixed. According to economist Michal Skuterud in 2005, Canada's productivity has become negative while the analysis by Michael Burda and Philippe Weil, focused on the U.S., did some work Sunday a major factor in productivity. A third analysis of Philip Askenazy links for Sunday and rising prices, the competition is so low that day. A balance sheet is mixed, although it's a safe bet that the current U.S. economic conditions will push the legislature to further liberalize the use Sunday for the greatest number.

A European debate on substantive moral and social values. In Europe, the debate also focused on values less economical. Against those who, like Richard Mallié UMP in France (containing a quote from Jaurès) defend the "freedom to work", European Catholic family associations have claimed "freedom of family life." This type of back lot about the side of conservative Christian groups who see the day last Sunday a symbol of collective belief. Other family associations have called for an International Day on Sunday without work, set each year on March 3. Beyond religious associations, the laity, as the CGT in France, defending the right to rest Sunday as "a constituent element of life at work and live together."


Tuesday, July 7, 2009

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Overtime: Who needs evidence?

Yesterday morning, representatives of the CGT utilities required to express their deep concern after the presentation of a bill by 87 MPs calling for the freedom of recruitment by local authorities. Among 87députés two Morbihan: Jacques Le Nay, the mayor of Plouay, and Michel Grall, Mayor Carnac. This bill wants to "adapt and modernize a status that many consider to be unsuitable for current requirements of good human resource management." Only the sovereign functions of communities, such as marital status or the police, not change of status. For others, 12,000 workers are involved in territorial Morbihan, they would have a year to choose whether they wish to retain their current status or accept a private law status. For new hires, they would then all with contracts of employment law. For elected CGT "today, in a community, our status as a public service provides guaranteed for all. But if it passes under private status, it will be subject to the whim of the mayor or elected. Today, we are the guarantors of law enforcement. If you must give 100 € to someone, he gives 100 €. Tomorrow, we said if elected, you give 50 € and no more, we will not have our say, "said David Hadjeb, departmental secretary of the CGT public service. The project also highlights "the permanent recruitment needs of local governments. They can not hire contract only after a lengthy procedure, often misunderstood by candidates. " "We have between 30 and 33% in precarious territorial paid minimum wage after six-year career. Under private contract, they have no future. " CGT Morbihan decided to act so that this bill is not passed. A letter was sent to all mayors, senators, councilors and members of the department. A petition will also travel throughout the summer for transmission in early September, the two deputies signed the proposal.


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Pause times

The Minister of Health generalizes the right for a company to send a doctor's home to check the validity of the sickness of an employee.


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Sunday, July 5, 2009

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Professionalisation contract means a decree specifies the rules for exemptions from

The system of penalties is established by collective labor agreement or extended enterprise agreement, which sets the organizational, financial compensation, etc.. Otherwise, these rules can be set by the employer after informing and consulting the works council or employee representatives if any, and the labor inspector.

No collective agreement. In this case, you can not impose on an employee to practice penalties, especially if there is no provision in his employment contract. The Court of Cassation considered that the establishing a system of penalty is a modification of the employment contract. The employee's agreement is necessary.


Friday, July 3, 2009

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EAR Extension of retirement allowance equivalent

In theory, overtime can be made by an employee at the request of the employer.

"In theory" because, in practice, these hours are often the result of the quantity or nature of the work given to the employee. The employer's consent is usually implied. It is not systematic as it has the opportunity to explicitly request the employee to work overtime.
Each of you must provide evidence in support of his position: first, the employee, then you. It then returns it to judges to decide.