As part of an initiative aimed at reframing the use of disciplinary power of employers towards employees, the socialist group in the House of Representatives is proposing legislation intended to strengthen the protection of employees against any unfair dismissal and to preserve the balance between the parties in the employment relationship. This initiative calls in particular for “the addition of mandatory information in notices addressed to employees”.
In a context where professional insecurity reigns and worry is increasing. Regulation of labor law becomes more urgent than ever. Concerned about the interests of workers, the socialist group is proposing legislation intended to strengthen the protection of employees against any unfair dismissal.
The bill, which aims to amend article 62 of the labor code, insists on “the need for the presence of at least two employees of the company as witnesses, whose testimony may be requested if necessary, with the mention of their presence in the minutes of the session ».
According to the legislative initiative, consulted by the electronic newspaper Madar21invitations to a listening session must include mandatory information: a precise description of the alleged fault, the objective of the session, the date and place where it will be held. The summons must also remind the employee of their right to be assisted by an employee representative or a union delegate. In the absence of such representatives, a list of specially designated agents must be made available to the employee so that he or she can be assisted and defended during the session.
The text further specifies that “a report must be drawn up by the company administration, in the presence of at least two employees of the company, signed by both parties, and a copy given to the employee“. In the event of refusal of one of the parties to initiate or finalize the procedure, “recourse to the labor inspector is obligatory ».
Article 62 of the Labor Code states that “before dismissing an employee, the employee must have the opportunity to defend himself, by being heard by the employer or his representative, in the presence of an employee representative or a union representative of the company chosen by the employee himself, and this within eight days from the date on which the alleged act was noted“. He also specifies that “a report must be drawn up by the company administration, signed by both parties, and a copy given to the employee ».
The socialist group emphasizes that “the first part of the article explicitly requires the employer to follow the listening procedure“. However, he believes that “the last part of the article suggests that this procedure, including recourse to the labor inspector, is not mandatory».
-Among the arguments put forward, the group deplores “the absence of details on the form and content of the employee’s invitation to a listening session, as well as the absence of provisions concerning cases where no employee representative or union delegate is available. Furthermore, this article remains silent on situations where the report is not drawn up, its content, or even on the role of the labor inspector when the procedure is not respected. ».
The text also deplores that “article 62 does not deal with cases where the report is not signed by one of the parties, and does not specify which actor is responsible for calling on the labor inspector“. He also questions the nature of this procedure: does it fall under public order, thus requiring the courts to guarantee its application? Or is it up to the employee, as a party protected by this procedure, to raise it?
Examining the provisions of the article, the socialist deputies note that “the listening procedure must include several stages before leading to a possible disciplinary sanction against the employee concerned“. This includes: giving the employee the right to defend himself during a listening session organized within eight days after the employer becomes aware of the fault, in the presence of a representative chosen by the employee.
The explanatory note to the bill specifies that “a report must be drawn up by the company administration, recording everything that was said during the session, with a copy given to the employee“. If one or both parties refuse to continue or finalize the procedure, the labor inspector must intervene.
The socialist group concludes that “although article 62 describes the stages of this procedure, it does not specify the formal requirements imposed on the employer for each stage, with the exception of the time limit for organizing the listening session“. Furthermore, he believes that “the last part of the article remains ambiguous, which has led to difficulties in the practical application of its provisions ».
