The report titled "Negotiated Collective Bargaining, Work, and Employment" presented by Jean-Denis Combrexelle to the Prime Minister in September 2015 addresses the complexities of the negotiation process in relation to employment and work within the French labor market. The report highlights several key issues:
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Methodology of Regulation: The document focuses on the interplay between legislative and contractual approaches in regulating work relationships, the degree of subsidiarity desired in implementing regulations, the hierarchy of negotiation levels, and the role of social actors.
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Ambitious Reforms: The reforms discussed aim to fundamentally alter the system of social regulation in an economy characterized by movement, with traditional structures and hierarchies from the 20th century being disrupted. The challenge is to balance economic change with the assertion of societal preferences.
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Judicialization of Social Issues: The report suggests that a legal approach could be effective, with principles set in legislation and adaptation to specific situations handled through judicial interpretation. This method has been successful in advanced economies but comes with limitations, including complexity and the inability to adequately address the diversity of situations.
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Necessity for Action: The urgency for reform is driven by the need to align the expectations placed on collective bargaining with its outcomes. Despite increased investment over the years, the current system has not met these expectations, both quantitatively and qualitatively.
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Social Changes and Challenges: The report acknowledges that changes in the social landscape, such as aging unions, disengaged corporate leadership, and inactive industry sectors, have led to a growing skepticism among citizens towards traditional negotiation practices. It also notes that similar issues are present in other European countries, particularly Germany.
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Conditions for Success: The report emphasizes the importance of engaging and training stakeholders, redefining sectoral boundaries, and implementing experimental methods to navigate the challenges ahead. It also stresses the need for a supportive environment for actors, clear guidelines for progress, and a gradual approach to reform.
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Experiential Learning: The document advocates for an experimental approach to allow for learning in a defined area before scaling up, which aligns with the dual experience of the author as both a practitioner and a jurist.
In conclusion, the report presents a comprehensive analysis of the current state of negotiated collective bargaining in France and proposes a strategic approach to modernize it, addressing both the internal dynamics and the broader social context.
