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Senator LR André Reichardt, a advantageous fly, found that within the “legislation n° 2019-828 of August 6, 2019 on the transformation of the general public service” included an article that might threaten the applying of native legislation within the territorial public service, whose brokers, like all non-public sector workers, profit within the discipline of working time, from two extra public holidays in comparison with the remainder of France : Good Friday and Boxing Day, Saint-Étienne.
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“The evolution of the working time of public officers is critical to adapt to the wants of public companies. Within the territorial civil service, the repeal of the extra favorable working preparations previous to 2001 will contribute to the harmonization of working hours. The communities or institutions involved could have a interval of 1 12 months from the renewal of their deliberative assemblies or their boards of administrators, to deliberate on the principles regarding the working hours of their brokers. (Web page 31 part three.2)”
It’s subsequently specified that the entire territorial public service should be put beneath the identical regime and now not take into consideration the specificities which will exist. It’s endorsed to “repeal extra favorable work regimes previous to 2001”… Which applies precisely to native Alsatian and Moselle legislation. The second advice is “to deliberate on the principles” to use.
If the general public holidays involved stay non-working in our territories, “this quantities for the brokers of the territorial public service of Alsace and Moselle to bear, both a discount of remuneration equal to 14 hours, or to work in additional this variety of hours” specifies the senator from Bas-Rhin.
THE CIRCULAR OF A PREFEST STIFF AS A PICKET…
Within the round from the Prefect Josiane Chevalier, addressed to native authorities and state representatives in our Alsace-Moselle Area, the aim of which is ” the calculation of the working time of public officers she recollects the duty to use the legislation, and concludes in these phrases: “I draw your consideration to the necessity, for the deliberative our bodies which haven’t but met on this topic, to place an finish to those schemes and to deliberate on new strategies of counting working time in accordance with the prescriptions set out under. above… ”
This intimation offended Senator André Reichardt who denounced a round ” utterly unacceptable because it stands », on the underside as on the shape. Certainly, if a regional prefect is certainly the consultant of the State within the territory, she should additionally present tact and tact within the utility of texts which may generate considerations and hostile reactions. But there do not reside the first qualities of Mrs. the Prefect…
THE PRIME MINISTER SUPPORTS THE PREFET
Our Bas-Rhin senator then thinks that Mrs. Chevalier’s superior goes to deliver her subordinate to heel: he splits a letter asking for arbitration from the Prime Minister, hoping that the applying of native legislation will prevail.
However increase: Jean Castex confirms that the applying of the legislation will ignore native legislation.
A very good connoisseur of the morals of employers inside MEDEF, Mr. Reichardt reacts to Castex’s response by warning: “ Auto why would a provision legitimate for the general public service not apply tomorrow within the non-public sector? I do not see how the Medef Alsace couldn’t attempt to strike a blow! The unions should react! »
THIS PEBBLE IN THE SHOE OF JACOBINS OF ALL HAIR
We’ve already repeatedly talked about the specificities of Alsatian-Moselle native legislation in our columns. We should recall its genesis: the belonging of Alsace and Moselle to Germany in 1870 and till 1918 was not a horrible interval described within the French historic account illustrated by Hansi… It’s beneath this era that the Area developed economically and socially, amongst different issues by means of the creation of social rights together with Social Safety that France established in… 1947… That is how Good Friday and Saint-Étienne have been instituted as public holidays in Alsace-Moselle by an imperial order dated August 16, 1892.
Once they returned to France in 1918, the Alsatian individuals remained extraordinarily connected to a sure variety of German authorized provisions. The choice of totally making use of French legislation is nevertheless favored by the federal government, however comes up towards sturdy widespread opposition in addition to elected officers from Alsace and Moselle. A battle arises, which threatens to noticeably compromise the scenario of the “ recovered provinces and switch the native inhabitants towards the state. The compromise is discovered a couple of years later, in the course of the parliamentary session of 1924, it’s established in native legislation.
With, amongst different issues, the upkeep of the concordat, a medical health insurance scheme, extra public holidays, completely different preparations when it comes to administrative and social guidelines such because the ban on Sunday work…
This regime was the goal of assaults whose authors feared that these variations might hurt the unity of the Republic. It’s apparent that two extra holidays have been undermining the foundations of the Nice Nation ! Nevertheless, they have been happy with the truth that native legislation was mounted on the texts in drive and couldn’t progress with financial, social or cultural developments.
A TOTALLY MACRONIAN PROJECT
This want to scale back social rights is a continuing, notably of latest governments. Hollande, Valls and Macron lead an similar coverage on the social degree. And it’s clear that measures extra favorable to workers run counter to the overhaul of collective protection measures for the inhabitants. Attacking rights that solely concern a small a part of the territory is certainly a Macronian technique in his want to see the State lowered to a ” start-up nation » whose solely function can be to favor the financial system… and its rich homeowners.
That is why this topic must be on the heart of the upcoming elections, each presidential and legislative: the individuals of Alsace and Moselle ought to query all of the candidates about their unfailing dedication to the protection of native legislation… which is on the similar time the protection of our social mannequin primarily based on solidarity.
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