Last round for the reform of unemployment insurance. The decree was examined in substance by the Council of State on Monday, November 15. But the arguments deployed by the public rapporteur leaves little hope for the trade unions.
In about three weeks, we will know the final judgment of the Council of State on the reform of unemployment insurance. The decree, which had already entered into force on October 1, was examined on the merits on Monday, November 15. Seven requests had been lodged by trade unions, as well as by the National Federation of Interpreters and Lecturers.
The tone was clearly set by the public rapporteur, Marie Sirinelli, with a murderous formula about the new method of calculating allowances: “ none of the criticisms formulated appear to highlight an element sufficiently salient to justify a cancellation “. Request after request, the public rapporteur swept aside the arguments of opponents of the reform. Sometimes taking up the government’s arguments.
First, she recalled the ” complex and thwarted timeline “Of this reform, described as” rhinoceros ” to the ” hard skin “. A first decree was published on July 26, 2019, canceled by the Council of State in November 2020. The government rectified – on December 28, 2020 and March 30, 2021 – the censored provisions, to better reintroduce them. In June 2021, in summary proceedings, the Council of State suspended several of these rectified provisions. Despite everything, on October 1, 2021, the reform entered into force – or rather, came into force, since the amended implementing decree was only published the day before. Seized in an emergency, the Council of State allowed this latest version to pass, in its decision of October 22.
Critics of the new method of calculating unemployment benefits rejected
Between the first government framework document, intended for union and employer negotiators, and the text which entered into force, almost three years have elapsed. The framework document is therefore ” not only old: it is totally outdated », Criticizes one of the lawyers of the trade unions. However, there is an obligation of compatibility between the latest version of the decree and this framework document. Above all, the period was marked by “ profound upheavals in the economic situation »And further weakened access to employment. But these arguments of the too long delay, and the upset economic context, are rejected by the public rapporteur. In its decision of October 22, the Council of State had already ruled that ” a favorable development has been observed for several months. Lthe general tendency of the labor market is no longer an obstacle to the implementation of the reform ».
At the heart of this reform, the critics of the method of calculating the SJR (daily reference salary) did not retain the favor of the public rapporteur either. According to Unédic, because of this new method of calculation, 1.15 million job seekers should suffer a reduction in their allowances, during the first year of application. The most precarious, alternating short contracts and unemployment, will be hit hard.
Previous versions of the decree had been canceled or suspended due to ” manifestly disproportionate difference in treatment »Created between job seekers. The adjustments made by the government play on a capping mechanism for days not worked (therefore, a capping of the RLS). In its latest analysis, Unédic indicates that these adjustments now produce average variations of 17% between two job seekers, but a gap of 40% for 400,000 of them. Far too large gaps, again, in the eyes of trade unions. For the public rapporteur, however, everything is in order. ” Important differences remain “, She admits,” but they are clearly attenuated since the introduction of the cap “. And to conclude: ” the question seems closed to us today ».
The RLS is also used in the context of a resumption of activity. It is decisive in the formula for temporary accumulation between the allowance paid and the new salary. However, the trade unions here also criticize significant variations, depending on the date of resumption of activity. Unédic has drawn up a clear conclusion: the differences in the allowance paid are from 1 to 47, depending on this date. But the public rapporteur takes up the government line of defense: “ it is necessary to take into account, not only the paid allowance, but also the received remuneration “. According to this argument, “ allocation is only one side of resources. However, if we examine the differences between the total of these resources, the differences are much more limited. “. End of chapter.
“The most iniquitous of all texts relating to unemployment insurance”
In conclusion, the public rapporteur suggests that the judge reject all the requests. After this argument, which leaves little room for doubt, the lawyers for the trade unions tried to make their positions heard one last time. ” The text of March 30 is the most iniquitous of all texts relating to unemployment insurance since 1958 », Begins Antoine Lyon-Caen. ” Because it strikes first those who deserve to be protected, that is to say the most precarious “. The lawyer maintains that the measures included in the decree cannot achieve the officially set objective of ” job stability ‘.
And for good reason : ” the employee does not make a choice as to the duration and terms of the contracts they sign. Penalizing those who enter into a short contract, will never result in making the contracts longer “. Several studies, including four from the DARES (Department for the Animation of Research, Studies and Statistics), demonstrate this dimension indeed suffered, and not chosen, by the majority of job seekers. The observation is reiterated in its latest study, published in early October.
As for the variations in the amount of the allowance, from 1 to 47, depending on the date of resumption of an activity, ” this is not a marginal case “. The lawyer recalls that 57.5% of job seekers resume an activity in their reference period. A majority of job seekers are therefore already affected by these “ very deep inequalities “. In short, if this reform is ” a rhinoceros is a blind rhino, which has lost the sense of its trajectory », Insists Antoine Lyon-Caen.
A “very virtual” bonus-malus
Finally, the bonus-malus (a modulation of the contribution rate of employers to unemployment insurance according to their use of short-term contracts), will not come into force until September 2022. Barely two months before the renegotiations of the agreement between the social partners and the government. So it remains ” very virtual For these employers, denounces a lawyer of the UNSA. The text of the reform becomes ” hemiplegic, while the government has always defended the fact that it is necessary to play on both employees and employers », He lambasted. Before concluding : ” when we decide not to properly activate the corporate lever, it means that we do not really believe in incentive measures for employees, but that we are only on budget saving measures ».
As we leave the courtroom, hopes are low. ” Difficult to go up the slope of the public rapporteur », Breathes Antoine Lyon-Caen. ” This does not make you optimistic about the judgment. We must hope that the judge reads all our requests, and does not just follow the opinion of the public rapporteur “, Concludes Denis Gravouil, secretary general of the CGT Spectacles and CGT negotiator for unemployment insurance. However, in the Council of State, it is very rare that the judge does not follow the opinion of the latter.
The rapporteur in question, Marie Sirinelli, was however the one who, exactly a year ago, during the previous hearing at the Council of State, had suggested canceling the main part of the decree on the method of calculating the SJR. This time, five months before the first round of the presidential election, it was ” Move along, nothing to see », Regrets the union official.
“We must reverse the trend in another way”
Outside the Council of State, on a stretch of sidewalk, about thirty people are concentrated. Few union representatives are present. ” I note that with the balance of power that we had in the spring, we obtained summary proceedings which suspended the reform. There, in the fall, it is much more difficult. And the occupations, especially cultural places, are not the same » observe Denis Gravouil.
At the microphone, the CGT manager then calls for increased vigilance. ” In the Employment Centers, the pressure will be on job seekers but also on agents: we need to obtain testimonies on the effects of this reform. The fight continues, politically, by meeting these people. We need to reverse the trend in another way ”.
As always at the end of the year, the CGT calls for a rally on the issue of unemployment. It will take place on Saturday December 4 at 2 p.m., Place Joffre in Paris and will demand the cancellation of the reform. Upstream, in the morning, she will organize a “hiring office” to denounce the ” refusal to hire employers and the replacement of long-term jobs with precarious jobs ».
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