Question 15242 — work

Summary

Ms. Julie Laernoes draws the attention of the Minister of Labor, Health and Solidarity to the current rules for measuring the representativeness of professional employer organizations, which disadvantage the representatives of VSEs compared to the representatives of large companies. Currently, in the context of negotiating agreements, such as collective agreements, the rules of employer representativeness grant among others, to professional employer organizations, a right of opposition to an agreement, whether it is a sectoral agreement, a professional or interprofessional agreement. However, obtaining this right of opposition is based solely on the number of employees, without taking into account the number of companies. Representatives of very small, small and medium-sized enterprises cannot, with some exceptions, exercise this right, since by definition, they employ few employees. It is therefore the representatives of large companies who decide on behalf of smaller ones, including to implement specific provisions for companies with fewer than 50 employees. VSEs are at a disadvantage even though they represent 96% of businesses in France! This rule is not acceptable, as it hinders the exercise of social dialogue balanced and necessary for the production of social standards adapted to small craft businesses and their employees, particularly in the construction sector. The hearings relating to the “Flash mission on the representativeness of employers' organizations”, which took place in the summer of 2023 at the request of representatives of small businesses, also raise this situation of breakdown of equality. The confederation of crafts and small construction companies (CAPEB) and the union of local companies (U2P), which essentially represent VSEs and SMEs, have thus formulated a certain number of proposals in order to establish greater equity between representatives of large and small companies. The latter propose in particular to change the legislation to allow symmetrical consideration of the number of companies in the same way as the number of employees, for the right of opposition. In addition to this request relating to the right of opposition, CAPEB and U2P propose to systematically establish double representation within professional branches, on the one hand for companies with fewer than 11 employees and on the other hand for companies with 11 employees or more. Indeed, the threshold of 50 employees does not currently allow us to really understand the situation of the smallest businesses. With this in mind, she would like to know if she intends to take up these proposals to finally guarantee a fair place for VSEs within social dialogue.

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