Initial Analysis of the Macron Ordonnances

On 31 August 2017, the Government revealed the contents of the ordonnances issued to strengthen social dialogue.

The reform is ambitious and will be difficult for companies to implement: five ordonnances, 159 pages, and multiple measures on subjects as diverse as the roles to be played by industry-wide agreements and company agreements, the merging of employee representation bodies, and compensation for dismissal.

These ordonnances are in line with the previous administration's reforms (the Rebsamen and El Khomri Acts) and yet break with them:

• they are in line with those earlier reforms as regards employee representation bodies and collective bargaining, but
• take a new tack with respect to dismissals, the rules governing litigation before the labour courts and occupational health risks.

We would therefore like to provide you with an analysis of the measures that we believe are the most important for companies in the four main ordonnances:

• the ordonnance on enhancing collective bargaining;
• the ordonnance on the new organisation of social and economic dialogue in companies and encouraging the exercise and promotion of union responsibilities;
• the ordonnance relating to improving the predictability and security of labour relations;
• the ordonnance relating to the occupational prevention account.