For the executive, the so-called rule ofindivisible thirtieth” East “purely accounting” and does not constitute a “financial penalty». STEPHANE MAHE / REUTERS
This week, the executive indicated that it did not wish to change the salary deduction system for striking agents in the state civil service, despite a call to order from European justice.
Despite a call to order from European justice, the French government remains straight in its boots. This week, the executive indicated that it did not wish to change the rules governing the payroll deduction system for workers on strike in the state civil service. And this, while the European Committee of Social Rights (CEDS) recently agreed with the CGT on this point.
In the midst of strikes against the pension reform, the CEDS estimated, in an opinion published on February 14, that France was applying deductions “disproportionateon the salary of its striking state civil servants. The body of the Council of Europe had been seized by the CGT: the union considered that the so-called rule of “indivisible thirtieth“, which provides that an agent is deprived of a full day’s salary, regardless of the number of hours of strike during this day, “has the purpose and effect of unjustifiably infringing the right to strike of civil servants“. The ECSR also pointed to the lack of “objective and reasonable justification» the difference in treatment between the 2.5 million agents of the State civil service and those of the territorial (2 million agents) and hospital (1.2 million) sides, who are not subject to the indivisible thirtieth rule.
«This is undoubtedly a great victory for the CGT in this period of social mobilization“Said the first public service union, welcoming the decision of the CEDS. Not enough to bend the executive, however: this opinion has no binding value. The European Committee of Social Rights explains on its website, paradoxically, that its decisions “must be respected by the States concerned“but are not”not enforceable in national legal orders».
The executive takes note, but defends itself
«The government has taken note of the opinion of the CEDS» tells the Figaro the cabinet of Stanislas Guerini, Minister of Transformation and the Public Service, while defending the maintenance of this measure. Rule, “purely accounting“, does not constitute a “financial penalty“, and she is even”rather advantageous for agents choosing to go on strike for a whole day», we justify ourselves. In fact, the deduction from salary is calculated on the basis of an entire month, including weekends, and not from the number of working days of this month, which is smaller and therefore more penalizing for the agent’s remuneration.
In addition, the government emphasizes its good faith: “The Constitutional Council has already issued an opinion on the matter and deemed the terms of the rule to be in conformity with the Constitution.“, indicates the entourage of the minister. In a decision dated July 28, 1987, the Elders considered that this system is not “unconstitutional». «The right to strike is a principle of constitutional value, but it has limits and the legislator is empowered to draw these by operating the necessary reconciliation between the defense of professional interests and the safeguard of the general interest.», lit.
The government therefore considers that the current system of payroll deductions is “notnot called into question in French law“. For its part, the CGT hopes that “the Council of State will know how to modify its case law to finally respect the right to strike“, declares the union in its press release.
The government’s response to the CEDS opinion comes as the eight representative civil service unions are calling for a strike on March 7 against the pension reform project. This will be the sixth day organized since the launch of parliamentary discussions on the government’s project. Among civil servants, the rate of strikers decreased over the mobilization, from 29.5% of strikers on January 19 to 4.9% on February 16, according to figures from the ministry.
TO HAVE ALSO – Strikes of March 7: the CGT says it wants to “bring the French economy to its knees”