The National Assembly on Tuesday evening February 14 rejected Article 2 of the pension reform bill which provides for the creation of a "senior index" in companies, a major setback for the government and the presidential majority in this review. complicated. A dramatic change due to the balance of power in the hemicycle: this article 2, which was debated for three days, was rejected by 256 votes against 203, and 8 abstentions. La Nupes, which welcomed this result with cheers and songs, as well as the LR group, spoke out against this index, which should make it possible to improve the employment of older employees, but perceived as ineffective.
"Severe snub", "warning shot" for the executive: the deputies opposing the reform project applauded this vote on Twitter, on the 6th day of the session, in a still tense atmosphere. "Tonight, the whole left and the FN are celebrating the fact of removing" this index, lamented for his part the Minister of Labor Olivier Dussopt, who called them "Tartuffe".
This defeat for the presidential camp was looming due to the defection of the right, whose votes are necessary for the macronists to reach an absolute majority. The LR deputies, to whom the Prime Minister had nevertheless made a gesture earlier by making new concessions on long careers, consider that the index is "unsuited to the realities of SMEs" and that it will "not improve the rate employment of seniors". They argued for business incentives.
The index could perhaps however be reintroduced in the continuation of the parliamentary shuttle.
The government wishes to make it compulsory from November 2023 for companies with more than 1,000 employees, for those with more than 300 employees from July 2024, and those with more than 50 employees from July 2025, this last threshold having been added by amendments from all benches.
Employers must be liable to financial penalties in the event of non-publication of this index, but no obligation of result has been set in terms of employment of seniors.
A Renaissance proposal for a coercion, which had the support of the Minister of Labour, had earlier been rejected by the National Assembly. The LR group had come out against it, and the Horizons group allied with the majority had split.
It was a question of imposing an obligation to negotiate a company agreement in the event of deterioration of the results in terms of employment of seniors, under penalty of penalties.
"It looks like a sketch," mocked PCF boss Fabien Roussel, who did not expect any concrete effect. More generally, the left views the index finger as "a hollow shell" or "a handleless knife that has lost its blade". “Why didn't you start with a law on aging at work, the employment of seniors to conclude whether or not a pension reform was necessary? asked Boris Vallaud (PS).
Aurélien Pradié (LR) had pointed out the risk of "unconstitutionality" of the index, a legislative "rider" which, according to him, has no place in a budgetary text, like the one chosen by the government to pass its pension reform .
More than 14,200 amendments remain to be considered by Friday evening, and 18 articles of the bill.