Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - France (Ratification: 1951)

The Committee notes that the Government’s report has not been received.

In its previous direct request, the Committee asked the Government to provide any decisions handed down regarding Ordinance No. 2005-892 of 2 August 2005, which had been challenged before the Council of State by the General Confederation of Labour – Force ouvrière (CGT–FO) among others (this Ordinance would have created exemptions from the establishment of representation structures for certain workers in certain enterprises). The Committee notes that the Council of State first suspended the application of the Ordinance as a preliminary measure and then set it aside by a decision of 6 July 2007.

The Committee notes that section 10 of the Act respecting social dialogue and continuity of the public service in regular land passenger transport of 21 August 2007 (Act No. 2007-1224), provides that “the remuneration of an employee participating in a strike, including the wage and its direct and indirect supplements, with the exclusion of supplements for family responsibilities, shall be reduced as a function of the time not worked by reason of participation in the strike”. The Committee requests the Government to communicate information on the application in practice of this provision, and in particular to indicate whether this provision prevents the parties from concluding particular agreements on this subject.