THE MODERNIZATION OF SOCIAL DIALOGUE
LexInter | October 13, 2007 | 0 Comments

THE MODERNIZATION OF SOCIAL DIALOGUE

LAW 2007-130 of January 31, 2007 on the modernization of social dialogue (1)

NOR: SOCX0600184L
The National Assembly and the Senate have adopted,
The President of the Republic promulgates the law whose content follows:

Article 1

Before Title I of Book I of the Labor Code, a preliminary title is inserted as follows:

“PRELIMINARY TITLE
” SOCIAL DIALOGUE
“Unique chapter
“Consultation,

consultation and information procedures
“Art. L. 101-1. – Any reform project envisaged by the Government which relates to individual and collective labor relations, employment and vocational training and which falls within the scope of national and inter-professional negotiation is the subject of prior consultation with the organizations unions of employees and employers representative at national and inter-professional level with a view to the possible opening of such negotiations.

“To this end, the Government sends them a policy document presenting diagnostic elements, the objectives pursued and the main options.

“When they make known their intention to initiate such a negotiation, the organizations also indicate to the Government the timeframe they deem necessary to conduct the negotiation.

“This article is not applicable in an emergency. When the Government decides to implement a reform project in the absence of a consultation procedure, it makes this decision known to the organizations mentioned above, justifying it in a document that it sends to these organizations before taking any measures. required by emergency.

“Art. L. 101-2. – The Government submits the draft legislative and regulatory texts drawn up in the field defined by Article L. 101-1, in view of the results of the consultation and negotiation procedure, as the case may be, to the National Commission for Collective Bargaining , to the Higher Employment Committee or to the National Council for Lifelong Vocational Training, under the conditions provided for respectively in Articles L. 136-2, L. 322-2 and L. 910-1.

“Art. L. 101-3. – Each year, the orientations of the Government’s policy in the fields of individual and collective labor relations, employment and vocational training, as well as the timetable envisaged for their implementation are presented for the coming year. before the National Collective Bargaining Commission. The organizations mentioned in Article L. 101-1, for their part, present the state of play of the inter-professional negotiations in progress as well as the calendar of those they intend to conduct or initiate in the coming year. The report of the debates is published.

“Each year, the Government submits to Parliament a report outlining all the concertation and consultation procedures implemented during the past year in application of Articles L. 101-1 and L. 101-2, in the various fields in which these procedures took place and the different phases of these procedures. ”

Article 2

I. – Point 2 of Article L. 136-2 of the Labor Code reads as follows:
“2 ° To issue an opinion on draft laws, ordinances and decrees relating to general rules relating to relations individual and collective labor, especially those concerning collective bargaining; “.

II. – After the first paragraph of Article L. 322-2 of the same code, a paragraph worded as follows is inserted:

“The committee is responsible for issuing an opinion on draft laws, ordinances and decrees relating to employment. ”

This law will be enforced as a law of the state.
Done in Paris, January 31, 2007.

Jacques Chirac

By the President of the Republic:

The Prime Minister,
Dominique de Villepin
The Minister for Employment,
Social Cohesion and Housing,
Jean-Louis Borloo
The Minister for Employment, Work
and Professional Integration of Young People,
Gérard Larcher

(1) Preparatory work: law n ° 2007-130.
National Assembly:
Bill n ° 3456;
Report by Mr. Bernard Perrut, on behalf of the Committee on Cultural Affairs, n ° 3465;
Discussion on 5 and 6 December 2006 and adoption, after declaration of emergency, on 12 December 2006.
Senate:
Bill, adopted by the National Assembly, n ° 117 (2006-2007);
Report by Ms. Catherine Procaccia, on behalf of the Social Affairs Committee, n ° 152 (2006-2007);
Discussion and adoption January 17, 2007.

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