Showing posts with label CFDT. Show all posts
Showing posts with label CFDT. Show all posts

Tuesday, August 31, 2021

Endurance Games: Reassessing the mass strike based on recent experiences in France

Joint worker and student protest against the First Employment Contract in Rennes April 4 2006

Lisbeth Latham

Dwindling rates of industrial action - particularly in advanced capitalist countries- are often cited as evidence of the labour movement’s global decline. Yet the value of industrial action, and particularly mass strikes, are often grossly oversimplified. ‘If we strike, we will win’ may galvanise workers temporarily, but it belies the complex nature of social movements, where a willingness to struggle is only part of the formula necessary for victory. The complexity of this reality can be seen in the experiences of the contemporary French labour movement. In comparison to movements in other advanced capitalist countries, the French movement is often seen as incredibly militant and powerful. Yet, since the global financial crisis in 2008, it has suffered a series of defeats and has found it increasingly difficult to mobilise to the same extent as before. This is not to say that the French movement is any less heroic than it was in the past, but that the balance of class forces and the confidence of the French popular classes has declined. This has exposed limitations in the mass strike as an industrial tactic when it is not paired with a broader perspective of victory; winning requires not only mass involvement but also a determination to maintain struggle at times in the face of defeat.

The Mass Strike
One of the most influential works on strikes is The Mass Strike, the Political Party and the Trade Unions written by Rosa Luxemburg in 1906[1]. She sought to explore the experiences of Russia's failed 1905 revolution and draw lessons for the broader European social democratic movement. Prior to the pamphlet’s publication, social democracy had been highly critical of mass strikes, seeing them as an anarchist fantasy, as Luxemburg put it
“the theory of the general strike as a means of inaugurating the social revolution, in contradistinction to the daily political struggle of the working-class – and exhausts itself in the following simple dilemma: either the proletariat as a whole are not yet in possession of the powerful organisation and financial resources required, in which case they cannot carry through the general strike; or they are already sufficiently well organised, in which case they do not need the general strike”[2]
Contrary to this view Luxemburg argued:
“the mass strike in Russia has been realised not as means of evading the political struggle of the working-class, and especially of parliamentarism, not as a means of jumping suddenly into the social revolution by means of a theatrical coup, but as a means, firstly, of creating for the proletariat the conditions of the daily political struggle and especially of parliamentarism. The revolutionary struggle in Russia, in which mass strikes are the most important weapon, is, by the working people, and above all by the proletariat, conducted for those political rights and conditions whose necessity and importance in the struggle for the emancipation of the working-class”[3].

The subsequent role of mass strike movements in creating legitimation crises for the capitalist class, blunting their offensive, and creating the impetus for revolutions has vindicated Luxemburg’s position[4]. At the same time mass strikes, like other tactics, have their limitations and even large mass strikes, as demonstrated by Russia in 1905, do not guarantee the successful achievement of a movement’s objectives.

The recent movements in France in defence of pensions and against labour market reforms are important experiences in demonstrating both the strengths and weaknesses of the mass strike as a political tactic.

Leading into the global financial crisis the French working class had achieved a series of victories against government attacks. Most notably: 
  • the strike wave against attacks on the public sector attacks in 1995 
  • the movement leading up to the defeat of the referendum on endorsing the Lisbon treaty in 2005; and
  • the mass movement lead by students against the contrat première embauche (First Employment Contact - CPE) legislation in 2006[5]

At the same time the French organised left was in a process of breakdown and realignment. The Parti Communiste Francais (PCF) , once the hegemonic force on the French left saw its vote in presidential elections fall from 15.35% % in 1981 to 3.37% in 2002. As its old red-belt strongholds became locations of strength for the Front Nationale. deindustrialisation under successive Parti Socialiste (PS) -with the PCF as a minority partner- shattered France’s traditional heavy industrial areas[7]. The impact on the working class in these areas was devastating. Consequently, the PCF’s parliamentary representation became increasingly dependent on a non-aggression pact with the PS, who did not run candidates against sitting PCF MPs. This dependent relationship between the PCF and the PS was to become a key point of conflict in discussions regarding joint far-left candidates, with the Ligue Communiste Revolutionnaire (LCR) and subsequently the Nouveau Parti Anticapitaliste setting down a priori independence from the PS as a key basis for any discussions about united left electoral tickets[8].

It was not just the PCF who was negatively impacted; the PS suffered the indignity of running third in the 2002 presidential elections behind Jacques Chirac and Front Nationale’s (National Front - FN) Jean-Marie Le Pen[9]. Whilst some blamed this embarrassment on the shock results of the Trotskyist LCR (4.25%) and Lutte Ouvrière (5.72%) candidates, it still posed the question of why people weren’t voting for the PS. It also failed to explain why workers were voting for small far-left parties instead, or even abstaining from voting at all. This put the left in the position of having to respond to a presidential run-off between the right and the far-right - an unenviable position which was repeated in 2017 with the runoff between Macron and Marine Le Pen.

2009 Post GFC Movement
Triggered by the mass defaulting of subprime mortgages in the US economy and exacerbated by the failure of the mortgage backed securities which underwrote the loans, the GFC of 2007-2008 spread like an infection through the global financial sector. Yet as governments scrambled to bailout high finance, they also sought to shift the cost onto working people.[10]

In France this response was met with mass resistance. The intersyndicale (an informal alliance of union confederations at a national level) called for mass mobilisations against the policies of Sarkozy and the Fillon government. Their demands included: Increases in the minimum wage and payments to the unemployed and pensioners; Increased social spending on public housing; Action to reduce job losses including bans on redundancies at profitable companies; Reversal of the tax cuts given to the rich at the start of the crisis; Reversal of job losses and restructuring of the public sector[11]

The intersyndicale achieved a series of mass mobilisations throughout 2009, the largest of which was the general strike of March 19 which drew over 3 million people[12]. Despite these mobilisations the coalition was unable to force any real concessions from the government and, as they progressed, the mobilisations lost impetus.

This development was not a surprise to all the union leaderships. One of France’s most militant union confederations, the openly anti-capitalist Solidaires, consistently argued for a need to go beyond individual days of mobilisation. Solidaires predicted that, however successful, individual days of mobilisation alone would not be enough to steer the government from its well-worn course of protecting capital at the expense of working people. Instead, Solidaires argued for the need to build towards a renewable general strike[13]. As evidence of the effectiveness of this approach they pointed to the successful strikes by workers in the French colonies of Martinique and Guadeloupe from January to March of that year. Although Solidaires leadership did concede under pressure from other unions that capacity for such action did not exist, they argued that the work still needed to be done. Affirming the movement’s need and capacity to mobilise on both a mass and ongoing basis would be more productive than simply acknowledging and accepting its inadequacies, they felt[14].

As 2009 continued the movement declined. By 13 June the once three million-strong movement had plummeted to a mere 150, 000 and was essentially over, having achieved very little in the way of concessions. At the same time, the state was preparing a new wave of attacks on working people, this time in the form of an assault on France’s pension system.

Joint mobilisation against the attack on France's Pension System 2010

2010 Pension Struggle
In early 2010, the Fillon government announced that it was seeking to change France’s pension system. The proposed changes included raising the retirement age and increasing workers’ contributions to the social security scheme - effectively requiring workers to work more hours over a greater duration of their lifetimes.

In the wake of this announcement, the Intersyndicale resumed meeting in earnest. Their concerns were well-founded. Though Fillon’s attack on the pension system threatened to disadvantage all workers, its impacts would be felt most acutely by women, significantly reducing the number of women expected to qualify for a full pension and exacerbating the problem of French women retiring into poverty.

From the outset, the unions were divided in their view of the objectives of the movement. The class-struggle unions (combat syndicales), whose membership includes Solidaires (Solidarity), Force Ouvrière (Workers Force - FO), and large sections of both the Federation Syndicale Unitaire (FSU) and Confédération Générale du Travail (CGT) wanted the proposals to be totally withdrawn. The more conservative unions, most notably the Confédération française démocratique du travail (French Confederation of Democratic Workers - CFDT) and Confédération Française des Travailleurs Chrétiens (French Confederation of Christian Workers - CFTC) were more conciliatory, seeking greater consultation with the government regarding the changes. Yet despite these differences, there was eventually a basis for a common united movement involving France’s eight main union confederations and federations - although the early movement involved just five[15].

Initially, the 2010 movement was far smaller than the previous years with the March protests reaching only 800, 000 nationally. These disappointing numbers inevitably gave rise to commentary that the defeat of 2009 had undermined the mobilising capacity of the movement. However, as the year progressed the movement began to grow and the pace of mobilisations increased. By 24 June mobilisations had reached 1.92 million. Numbers continued to grow as the legislation worked its way through France’s legislative processes in September and October. Ultimately, there were seven mobilisations, all exceeding two million people and peaking at 3.5 million. However, the total number of people involved in the movement is likely to have been far greater[16].

Solidaires Adverstisment calling for a genderal strike on September 9, 2010

Significantly, in a number of industries the days of mobilisation were linked by strike action. Initially these renewable strikes began in France’s oil refineries - triggered by a struggle around Total’s plans to close its Dunkirk refinery[17]. Yet the movement also spread to other sectors. This spread was facilitated, in part, by a decision within the intersyndicale to allow industrial action in workplaces, and at the municipal level, to be initiated by general assemblies of workers at those levels. This meant that, in those sectors and regions where the more militant unions had greater influence, they were able to link protracted strikes to the mobilisations, which were then called and supported by all unions between the punctuating mass mobilisations. Under France’s Labour Code and constitution, if one union in a workplace issues a strike notice then any worker can participate regardless of their union affiliation. While there were a number of spaces where renewable strikes were in effect, the most important of these was in the oil refineries whose closure massively disrupted fuel supplies across France[18].

Despite the size and escalating character of the movement the government pushed ahead with passing the legislation. In the wake of the passing of the legislation in November, there was one more joint mass mobilisation on November 23. The interior ministry estimated the protests size at 52, 000 and the unions did not announce a size estimate. This small mobilisation indicated that the movement had effectively collapsed. The more conservative unions withdrew from the campaign on the promise that the legislation, whose impact was not immediate but delayed, could be defeated via the election of a PS government in 2012.Those workers who remained on strike - most notably the oil refinery workers - became increasingly isolated as the movement collapsed. In Marseille, a city controlled by the PS, municipal workers were forced back to work using legislation introduced by the de Vilipin government the year before[19]. This legislation, which guaranteed minimum essential services during strikes, was anti-worker by design and undermined a number localised strikes that were holding out against the collapse of the broader movement

 
Mobilisation in Marseille March 18, 2006

Movement against the First Employment Contract
In 2006, the de Villipin government had sought to introduce the CPE, a change in France’s employment laws which would have weakened the rights of workers under the age of 26, including allowing employers to dismiss young workers aged between 18-26 without notice or reason during their first two years of employment[20]. By targeting just younger workers, the de Villepin government hoped that by focusing on one section of the workforce they could divide and limit any potential opposition movement.

Initially this was the case, as there was limited united resistance by the union confederations[21]. However, despite the lack of leadership from workers’ unions, high school and university students, primarily organised via the Union Nationale des Étudiants de France (National Union of Students of France), Fédération indépendante et démocratique lycéenne (Independent and Democratic High School Federation), and the Union Nationale Lycéenne (National Union of Secondary Students) began their own mass mobilisations - shutting down schools and universities and driving mass mobilisations of students. These student mobilisations gave impetus for militants within the union confederations to push to support the student protests[22]. Between the rising peaks of mass mobilisations, student pursued a broader goal of disrupting the economy via their own collective actions and concentrated on building alliances with workers to support and exacerbate the disruption. By March 2006, 68 of France’s 89 universities were either occupied or on strike with many high schools across France barricaded shut by striking students[24]. More spectacular were the student occupations of rail lines or the successful blocking of Airbus airliners being transported from manufacturing plants[25].

As inspiring as the movement was, it was not significantly bigger or more disruptive than the 2010 movement. What really differentiated the 2006 movement against the CPE from the 2010 movement to defend pensions was that when the CPE was passed, the movement continued. In passing the legislation in 2006, the de Villepin government gambled that passing of the legislation would dissipate the movement and remove the threat to French state and capital[26]. When the movement continued despite the legislation passing the threat effectively expanded with no hope that it would decline in the short-term. In response to the movement’s determination, the government retreated and the legislation, despite passing, became a dead letter[27].

The lesson to be drawn from comparing the events of 2006 and 2010 is not that mass movements are no longer capable of winning, or that strikes are no longer crucial to achieving victory in industrial and political struggles. It is instead that these struggles are ultimately battles of will and endurance. What changed between 2006 and 2010 was not the capacity of the movement to mobilise- indeed the 2010 movement was arguably larger in size than the 2006 mobilisations. No, what differed between them was the determination of the ruling class to persist with their attacks on working people and, even more crucially, the ability in 2006 of the more radical sections of the movement, most notably the student unions, to cohere and mobilise after the passing of the legislation. It is not sufficient for our movements to be massive or powerful. In order to be victorious,the will and determination of workers must be strong enough to outlast that of capital and its governments. Escalating and disruptive action is thus most effective when deployed as a means of undermining capital’s confidence and endurance. The continuation of the mass movement of 2006 and consequent disruption of the economy cast the gamble made by the right to push forward with legislation as a grievous error, creating the fear that the movement would not stop. By contrast in 2010, the government’s bet proved correct, the movement did collapse and the state and capital could both be confident not only to maintain that round of attacks but contemplate and implant further attacks on working people.

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1 Luxemburg, R. 1906. The mass strike, the political party, and the trade unions. Marxist Internet 
Archive
. https://www.marxists.org/archive/luxemburg/1906/mass-strike/.
2 ibid.
3 ibid.
4 Haug, F., Wilde, F., and Heidenreich, F. 2018. “Mass strike.” Rosa-Luxemburg-Stiftung. https://www.rosalux.de/publikation/id/43671/mass-strike?cHash=4dc514bc263b77a899f91e9878b10683.
5 Cézard, Yann. 2020. “1995-2003-2010: lessons from three large-scale mobilizations.” International Viewpoint. https://internationalviewpoint.org/spip.php?article6347.
   Carasso, L. 2005. “E After the success of the "no from the left."” International Viewpoint. https://internationalviewpoint.org/spip.php?article845.
   Carasso, L. 2006. “A major social and solitical crisis.” International Viewpoint. https://internationalviewpoint.org/spip.php?article1070.
6 Amable, B. and Palombarini, S. 2021. The last neoliberal: Macron and the origins of France's political crisis. London: Verso.
7 Jacobin. 2016. “When the workers were communists.” Jacobin. https://www.jacobinmag.com/2016/10/when-the-workers-were-communists/.
8 Perez, Benito. 2007. “The presidential campaign is rotting French political life.” International Viewpoint. https://internationalviewpoint.org/spip.php?article1214.
   Ligue Communiste Revolutionaire. 2007. “For the foundation of a new anti-capitalist party.” International Viewpoint. https://internationalviewpoint.org/spip.php?article1290.
   Ligue Communiste Revolutionaire. 2008. “Address for a new anticapitalist party.” International Viewpoint. https://internationalviewpoint.org/spip.php?article1422.
9 Henley, J. 2002. “French poll result seen as catastrophe.” DAWN. https://www.dawn.com/news/29700/french-poll-result-seen-as-catastrophe.
10 Mirowski, P. 2014. Never let a serious crisis go to waste: How neoliberalism survived the financial meltdown. London: Verso.
11 Latham, L. 2009a. “French unions ready for a general strike on March 19.” Revitalising Labour. https://revitalisinglabour.blogspot.com/2009/03/french-unions-ready-for-general-strike.html.
12 Latham, L. 2009b. “French unions plan campaign against financial crisis Following 3 Million strong general strike.” Revitalising Labour. https://revitalisinglabour.blogspot.com/2009/03/french-union-plan-campaign-following-3.html.
13 National Burea of the Trade Union Solidaires. 2009. “Together let us make the assessment - To be stronger tomorrow.” Revitalising Labour. https://revitalisinglabour.blogspot.com/2009/09/solidaires-assessment-of-french.html.
14 ibid.
15 Latham, L. 2010a. “Thousands of French workers march to defend pensions.” Revitalising Labour. https://revitalisinglabour.blogspot.com/2010/03/thousands-of-french-workers-march-to.html.
16 ibid
Latham, L. 2010b. “French workers mobilise to defend pensions.” Revitalising Labour. https://revitalisinglabour.blogspot.com/2010/06/french-workers-mobilise-to-defend.html.
Latham, L. 2010c. “Millions of workers march to defend pensions in France.” Revitalising Labour. https://revitalisinglabour.blogspot.com/2010/09/millions-of-workers-march-to-defend.html.
Latham, L. 2010d. “French workers fight back against pension attack.” Revitalising Labour. https://revitalisinglabour.blogspot.com/2010/10/french-workers-fight-back-against.html.
Trade Union Solidaires. 2010. “Solidaires - Pensions: Win by our determination!” Revitalising Labour. https://revitalisinglabour.blogspot.com/2010/10/solidaires-pensions-win-by-our.html.
17 Latham, L. 2010e. “French Senate votes to raise retirement age as unions prepare for a day of strikes.” Revitalising Labour. https://revitalisinglabour.blogspot.com/2010/10/french-senate-votes-to-raise-retirement.html.
18 Andrews, W. and Vandoorne, S. 2010. “Fuel imports into France surge as protests imperil transportation.” CNN. http://edition.cnn.com/2010/WORLD/europe/10/18/france.strikes.shortage/index.html.
19 Latham, L. 2010f. “France: Sarkozy enacts pensions law as mass mobilisations continue.” Revitalising Labour. https://revitalisinglabour.blogspot.com/2010/11/france-sarkozy-enacts-pensions-law-as.html.
    Smith, M. 2010. “France: Not victorious, but not defeated.” Links: International Journal of Socialist Renewal. http://links.org.au/node/2034.
20 Steven. 2006. “The French movement against the CPE, 2006.” libcom. https://libcom.org/blog/short-history-cpe-protests-france.
21 Cézard op cit.
22 Cézard op cit.
     Steven op cit
     Périn, M. 2006. “Inside the occupation movement: ‘Together we are recreating our university.’” Socialist Worker, March 18, 2006. https://socialistworker.co.uk/art/8300/Inside+the+occupation+movement%3A+Together+we+are+recreating+our+university.
23 Smith, M. 2006a. “Student movement puts government on the defensive.” International Viewpoint. https://internationalviewpoint.org/spip.php?article996.
Wolfreys, J. 2006. “Daniel Bensaïd: ‘This movement is directly based on a social question.’” Socialist Worker. https://socialistworker.co.uk/art/8364/Daniel+Bensa%C3%AFd%3A+This+movement+is+directly+based+on+a+social+question.
24 Duthu, M. 2006. “French workers and youth unite against the First Employment Contract: No to all precarious contracts.” In Defence of Marxism. https://www.marxist.com/french-workers-youth-unite160306.htm.
Smith, M. 2006b. “Anti-labour law movement enters key stage.” International Viewpoint. https://internationalviewpoint.org/spip.php?article1000.
25 Chrisafis, A. 2006. “Chirac backs down and scraps youth job law.” The Guardian, April 11, 2006. https://www.theguardian.com/world/2006/apr/11/france.angeliquechrisafis.
26 ibid.
     Cézard op cit.
     Steven op cit.
27 Cézard op cit.

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Sunday, March 1, 2020

France: Philippe Government Guillotines Parliamentary Debate to Force Through Pension Attacks


Lisbeth Latham

On February 29, French prime minister Edouard Philippe announced that the government would use clause 49.3 of the French Constitution, which allows the government to pass legislation without a parliamentary vote, to enable the government to expedite the passing the government’s controversial pension reforms. The exercise of Guillotine was primarily aimed at blunting efforts by left parties to hold up the passage of the legislation through parliament. However, the government also hopes that the passage of the legislation will undermine the current movement to defend the pensions.

Pensions Legislation
Despite the government announcing it would push through the legislation, it remains unclear exactly what form the legislation will take, with France24 reporting that the pension age will remain at 62, however, the “Pivot Age” when workers can access their full pension will be extended to 64 – which reflects concessions to the opponents of the counter-reforms.


This is the first time since 2015, that a government has activated clause 49.3 to push through legislation. The clause allows the government to pass legislation without a parliamentary vote, with parliamentary opponents of legislation only able to block it if they can pass a motion of “no confidence” in the government. During the passing of the El Khomri attacks on France’s Labour Law, when Macron was the finance minister in the Parti Socialiste (PS) government. On that occasion, clause 49.3 was enacted because opposition within the PS put at risk the government’s majority and the government correctly assessed that they would be less at risk of a no-confidence vote.

Parliamentary Response
The Philippe government’s use of clause 49.3 is not a response to a concern of an inability to pass legislation, despite some defections, the ruling Le REM (République en Marche - Republic on the March) government has a comfortable parliamentary majority. Instead, the government is seeking to truncate debate over more than 40, 000 amendments which have been moved by the opposition, primarily the parties of the left. After 119 hours of debate, there are still more than 29 000 amendments that are yet to be discussed. Philippe in parliamentary debate described the step of cutting debate as “not to put an end to debate but to end this period of non-debate”. Motions of no confidence have been flagged by both MPs of the Parti Communiste Francais and France Insoumise (France Untamed - FI) and by the far-right Rassemblement National (National Rally). FI leader, Jean-Luc Mélenchon denounced the use of clause 49.3 as an “extraordinarily violent” methods of the government.

The movement continues
Since the start of the mobilisations and strikes against the pensions reforms on December 5, France’s union movement has been highly divided. With left-wing trade unions and student organisations calling ongoing mobilisations, strikes, and blockades aimed at the total withdrawal the counter-reforms, also linked to local and sectorial struggles – including the longest transport strike in France in the last 50 years. On the other hand, the more conservative unions, particularly the Confédération française démocratique du travail (French Democratic Confederation of Labour - CFDT), have sought to focus on lobbying the government for amendments to mitigate against the worst aspects of the counter-reforms. With the leadership CFDT actively making statements against the mobilisations of more left unions, including tweets from the CFDT denouncing strikes as a method of struggle for unions. This conservatism and limited participation in the mobilisations have led to significant tensions between the CFDT and the memberships of more militant unions, tensions which have come to protests by militants from Solidaires and Confédération Générale du Travail (General Confederation of Labour - CGT) at the CFDT national headquarters, including the cutting off of electricity to CFDT building by CGT power workers. Protests which have been denounced by the CFDT leadership as an attempt at intimidation.
"There are alternative ways to pursue claims. A strike is not the necessary means of unionization. In Nantes, faced with the refusal to wear shorts in summer, the bus drivers had come in skirts for example".


In response, the leaderships of the CGT, Force Ouvriere (Workers Force), Fédération Syndicale Unitaire (Unitary Trade Union Federation), and Solidaires have denounced the activation of clause 49.3 and called for new mobilisations from March 5-8 as well as calling for amplifying the mobilisations which had already called for March 31. The struggle against the pension reforms will also be a feature of the International Women’s Day mobilisations and Women’s Strike on March 8 and 9.

In contrast, the CFDT and Confédération française des travailleurs chrétiens (French Confederation of Christian Workers) have announced that they are hopeful the government will still include amendments which they have lobbied for in the final legislation. The government will be hoping that the pushing through of the legislation will help demobilise the movement against the counter-reforms, which is what has happened with previous movements over the last decade. However, a major difference between the current movement and those previous ones, is that the conservative unions have played almost no role in the current mobilisations, and so they will not be able to have the same demobilisation effect on the movement as they did in the past.

In addition to the coming mobilisations, the municipal elections, scheduled for March 15 and March 22, are expected to be a significant test of public opinions towards the government. Indeed, it is thought that the pushing through of the legislation prior to elections was aimed at reducing the extent to which the elections would be used to protest against Le REM candidates.
Whilst the government appears confident that it has successfully passed its counter-reforms, it remains to be seen if this will signal the end of the movement or its intensification.

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Lisbeth Latham is a contributing editor with the Irish Broad Left.
This article is posted under copyleft, verbatim copying and distribution of the entire article is permitted in any medium without royalty provided this notice is preserved. If you reprint this article please email me at revitalisinglabour@gmail.com to let me know.

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Monday, January 27, 2020

France: The Struggle to Defend the French Pension System

Lisbeth Latham

Since December 5, France has been gripped by ongoing strikes and mobilisations by a coalition of trade unions, high school and university student unions, as well as the gilet jaunes (yellow vests) to defeat the attack by the Macron and the Philippe government on France’s pension system. Whilst the alliance has been able to sustain a period of heightened mobilisations that have put the government under pressure, it remains unclear that the movement is powerful to defeat the attack, and there are serious barriers if the movement is to expand and grow.

Pension Counter Reforms
During the 2017 election campaign, Macron promised that he would look to “reform” France’s pension system. The current attacks both build on the changes to the pension system pushed through by the Sarkozy and Fillon government in 2010, and the failed attacks on the Special Retirement Plans for workers in a number of public services and recently privatised companies, launched in 1995 and 2007. These attacks have been justified on the need to make the pension system sustainable in the face of France’s ageing population (France’s pension system relies on pensions being paid out on the payments of current workers, with excess payments going into an investment fund).

The changes affecting the majority of French workers would increase the age which workers could access their pensions to 64 (in 2027) up from 62 years of age currently (Pivot Age), increase the period of time that workers have to have been working in order to qualify for a full pension from 42 to 43 years, and increase the age at which workers can retire on a full-pension without which working the minimum qualifying years work (Equalising Age).

The Special Retirement Plans refer to 42 different pension schemes received by workers in 15 organisations including rail workers with SNCF (French National Railway Company) and RATP (Autonomous Operator of Parisian Transportation), members of the Paris Opera, lawyers, members of the army, sailors, and the National Police. Workers in these primarily public organisations had had pension schemes (some of them dating back to Louis XIV) that had been in place prior to the introduction of the national pension scheme in October 1945. The Special Retirement Plans, tend to allow earlier retirement – many of these jobs are extremely physically strenuous, provide for workers to receive a higher defined benefit than the standard pensions, and have better indexation (the standard pension is indexed at inflation, whilst the majority of the Special Retirement Plan pensions provide for workers to have their pensions to be indexed with wage increases in their former industry). This attack on these has been justified on the basis of providing transparency and equality to the French pension system and would also secure the financial basis of the pensions in these plans (all of which are in sectors in which there have had significant contraction in employment and so there are substantial more retirees dependent on the pensions than workers contributing to the schemes), with the aim of splitting opposition to the pension reform.

Union Responses
Opposition to the proposed changes have been premised on four major arguments:
First that the changes will disproportionately affect women, who due to the socialised norms around responsibility for child-rearing means that women are more likely to have substantial career breaks and already many French women are unable to qualify for a full-pension prior to reaching pivot age, unions argue that increasing both the qualifying period and the full-pension age will cast greater numbers of women poverty in retirement - currently, women who have children are given credit towards their pension qualification, 1 year per child in the public sector, two-years per child in the private section, the proposed changes would remove this. Women currently receive 29% of the pensions of men, however, the CGT (Confédération générale du travail - General Confederation of Labour) expects this gap to rise to 42% if the current protections for women are removed as proposed.

Secondly, that increases in the pension ages mean that workers will increasingly be unable to retire prior to the onset of the illnesses of old age, and so fewer and fewer workers will be able to have a healthy period of retirement prior to the onset of these illnesses.

Your pharmacist recommends retirement before arthritis
Thirdly, the changes will unfairly impact workers who work in more physically demanding
industries. These workers currently are able to retire earlier, the extension of the pension age will put heavy pressure on the bodies of these workers to be able to work to the new pension age. Whilst the government has pulled back on the removal for some categories of workers, notably police and firefighters, sewage workers, who on average die seven years earlier than other workers and 17 years earlier than managers, will lose their current early retirement. 

Finally, that workers who lose their jobs later in their working lives, who already find it difficult to obtain work, will have to face a longer period of either unemployment or underemployment prior to reaching the pension age.

Convergence of struggles
The present movement draws together separate struggles that have been occurring in France during the Macron presidency. The left has, and the more militant unions have sought to draw together and converge the existing struggles within French society into the pension struggle. This has included pre-existing workers' struggles but has also included movements of students that have campaigned against both fees and the introduction of increased university entrance requirements which has seen thousands of young people fail to gain entrance to university and the introduction of increased student fees for international students and the mobilisation of thousands of university and high school students which has seen schools and universities blockaded and the call for exams to be totally cancelled to allow the full involvement of students in the movement. This process of convergence is not new, and his been an objective of a range of militant organisations since prior to the Macron presidency, and particularly in relation to the emergence of the Front Social and the Nuit Debout during struggle against the El Khomri attacks on the Labour Law and the gilet jaunes as a new force mobilisation which, since November 2018, has drawn into motion sections of the French popular classes that unions and other progressive forces have not been able to mobilise for an extended period of time.

State and Government Responses
In response to the mass movement the state, just as it has to other mobilisation since the November 2015 introduction of the (withdrawn in November 2017) state of emergency following the terror attacks in Paris, has responded with escalating repressive violence. There has been widespread footage of CRS (Republican Security Companies) and Gendarme riot police beating protestors, as well the deployment of a range of “non-lethal” weapons, including explosive tear gas grenades (France is the only European country to deploy explosive canisters in law enforcement) and flash balls, that has seen a steady rise in the number of people who have been maimed at protests.

In addition, the government has sought to manoeuvre in the hope of dividing and blunting the movement. The tactic has been the announcement of the “temporary” withdrawal of the first phases of the increase in the Pivot Age, that had been scheduled to begin in 2022. A withdrawal that is based on finding an alternative way of saving €12 billion “in order to secure the system by 2027” - the government has proposed a conference on January 30 to identify alternative mechanisms to make savings in the pension system. The “concessions” have primarily been aimed at the conservative unions, particularly the CFDT (Confédération française démocratique du travail - French Democratic Confederation of Labour - the largest French confederation when measured by the number of members and second-largest in employee representative bodies) and UNSA (L'Union nationale des syndicats autonomes - National Union of Autonomous Trade Unions, which is the second most popular union within both the SNSF and RAPT), who have responded positively to the concessions, with CFDT general secretary Berger calling the withdrawal of the 2022 Pivot Age phase-in date a victory for the CFDT and called on CFDT members to desist from participating in strikes and mobilisations against the pension reform. However, the more militant unions have rejected the overtures of the government, arguing that legislation is not amendable and that it should be withdrawn. The CGT, in a January 11 statement said, “that debate on the Pivot Age is simply aimed at winning the support of certain unions”. Léon Crémieux, a militant in SUD Rail, the trade union Solidaires union within the SNSF and RAPT, and leader of the NPA (Nouveau parti anticapitaliste - New Anticapitalist Party), argues that the conference is a trap which “ is going to close quickly since this conference will only be able to put the “pivotal age at 64” back in the frame, forcing retirement two years later, or lengthening the number of years worked necessary to retire (43 years today)”. SUD Rail, in a statement on January 24, said it would refuse to meet with the government and would continue to mobilise its members until the withdrawal of the bill. 

 The current movement has significant weaknesses
Despite significant public support, opinion polls suggest that support for the movement has reached peaks of 65%, however, the movement has failed to not only meet that level of support but the size and breadth of the major working-class mobilisations of the past three decades.

This has meant that the current movement is substantially bigger and longer-lasting than the peak of the counter government movements of the last decade, but the movement is substantially smaller than the big movements against government attacks against the working class of the last three decades, particularly the movements of 1995, 2003, and 2010. In 1995, the movement was primarily within the public sector, and was not directly supported by the more conservative unions particularly the CFDT, but were driven by the CGT and FO (Force ouvriere - Workers Force) - however, the more militant unions were able to draw much broader layers of the working class, including significant sections of the CFDT’s membership and support base, into motion. 2003 the movement against the first employment contract, which focused on the employment rights of young workers,, was primarily driven by mobilisations by students and education workers. The 2010 movement to defend the pension system, peaked at mobilisations of 3.5 million, and seven mobilisations of more than 2 million across eight weeks, in addition there indefinite strikes in a number of industries particularly oil refining which resulted in widespread fuel shortages. However despite the larger size of these earlier movements, they at best achieved partial victories, and in the case of 2010 movement, it failed totally and demobilised on the promise that a future Parti Socialiste (PS) government would repeal the changes - which the PS government never attempted to do, instead it introduced new attacks on the unions and France’s working class. Defeats which have contributed to the current inability of the movement to spread.


At the same time the ability of the movement to sustain itself and force the government to offer “concessions” has given hope that perhaps the movement can outlast the resilience of the government or potentially capital. Importantly, the movement has been expanding, the more than 200 mobilisations across France on January 24, drew an estimated 1.3 million people onto the street up from 800, 000 on January 16. At the centre of the struggle has been the strikes within the SNCF and RATP with 45 days of strike action which ended January 24. This strike was initiated by the militant union federation within both SNCF and RATP, and was primarily built on the back of the September strike within RATP against pension reform. Other key areas have been the depth of the struggle within France’s cultural institutions particularly the Paris Opera, which has been on strike and performing at the mass demonstrations in Paris, the Louvre, and the French National Library, the blockading of oil refineries which occurred between January 8 to 11. On January 24, the CGT stated it was seeking to initiate discussions with workers in those workplaces not yet on strike, to draw them into action. This is occurring through the holding of general assemblies of workers and at the workplace and municipal level. Whilst the inability to draw the more conservative unions, particularly the CFDT consistently into the movement is a real weakness and break on the movement’s potential to mobilise, it potentially could be a strength, as it reduces the influence of the CFDT on the movement and government cannot rely on the CFDT’s sudden withdrawal from the movement, which happened in 2010 after the pension changes were passed, to undermine and demobilise the movement. This has the potential to place considerable additional pressure on the government, as it is less likely, compared to 2010, that the movement will simply evaporate following the passing of any legislation. Added to this, with the splintering of the PS in the wake of the 2017 presidential elections, it is hard for more conservative forces to advocate an electoral solution to addressing the assault on pensions.

'

The current national intersyndicale which brings together the CGT, FO, CGC-CFE (Confédération française de l'encadrement - Confédération générale des cadres - CFE-CGC), the trade union Solidaires, FSU (Fédération syndicale unitaire - Unitary Union Federation), FIDL ( Fédération indépendante et démocratique lycéenne - Independent and Democratic High School Federation), MNL (Mouvement national lycéen - National High School Student Movement), UNL (L’Union nationale lycéenne - The National High School Union), and UNEF (Union Nationale des Étudiants de France - National Union of Students of France) has called for three further days of mobilisation on January 29, 30, and 31. These days of mobilisation will be an important test as to the direction of the movement’s inertia.



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Friday, October 27, 2017

France: Unions debate how to fight Macron’s anti-worker reforms

Lisbeth Latham

One of France's largest union confederations, the General Confederation of Workers (CGT), held a strike on October 19 as part of the campaign against the anti-worker and anti-union ordinances adopted by the Emmanuel Macron government.

The mobilisations were far smaller than the previous three days of protests and have further fuelled discussion within the movement over how to overcome divisions and weaknesses and mobilise the widespread latent public opposition to the government's attacks.

The October 19 strikes and mobilisations by the CGT were announced on October 9 – a day prior to a public sector workers’ strike – with the aim of driving forward the movement. However, the result was about 100,000 workers participating in the October 19 mobilisations – roughly half the size of the September 21 mobilisations and about a quarter of the size of the September 12 protests, the largest mobilisation of the campaign to date.

The call for the strike came after the first inter-union meeting involving all the union confederations was held on October 9, the first of its kind during the current campaign. It was widely known that the CGT would call the strike and that the militant trade union Solidaires would support, but there was no effort made at that meeting to draw the other confederations into the mobilisations.

Conservative unions

The failure to seek to draw other unions into the mobilisation reflects deep problems in the current campaign.

This includes the refusal by conservative unions, particularly the French Confederation of Democratic Workers (CFDT), to join the movement.

The potential of drawing them in seems even bleaker following the publication in Le Monde on October 23 of statements made by CFDT secretary general Laurent Berger at the confederation’s October 18-19 National Council meeting. Berger described the joint mobilisations as a “demonstration of weakness” and the CGT as “the Titanic, who wants to ride on the Titanic?”.

However, the left unions have also displayed an inability to engage and draw in more militant members of conservative unions.

While this objective is easier said than done, the CGT has been heavily focused on individual sections of its own confederation rather than trying to find ways to broaden the movement. While this has at times achieved some gains – such as truck drivers and wharf workers securing concessions that would limit the extent to which enterprise agreements can undermine sectoral agreements – the isolated strikes have had a tendency to leave the more militant sections of the movement on their own.

Where they have won concessions, those victories have undermined the capacity to mobilise these militant and strategically-located workers in support of the broader movement.

New Anti-Capitalist Party (NPA) militant Robert Pelletier, writing in the NPA's l'Anticapitaliste, argues that a major problem undermining mobilisations has been the determination of the leaders of the major confederations to participate in "dialogue" with the government.

The worst perpetrators have been the leaders of Workers Force (FO) and the CFDT, who despite anger from their rank-and-file and lower-level leaders, have accepted the attacks and argued that engagement with the government has served to limit the damage and helped to make progress in building "social dialogue".

However, this engagement has not been limited to the more conservative unions. CGT leaders have also engaged in dialogue and are seeking to participate in the next round, which will focus on the government's proposed attacks on vocational training, apprenticeships and unemployment insurance.

Pelletier argues that this engagement undermines the extent to which the government fears union threats of mobilisation. He argues that the focus should instead be on building upon the existing resistance by workers – particularly through the calling of indefinite strikes – while moving away from union-by-union and sector-by-sector strikes towards a united movement.

United convergence

Solidaires has continued to push for united mobilisations supported by all union confederations. It had been seeking to bring union leaders together for a discussion on a united response since May – that was only achieved on October 9.

In a statement following their leadership's October 17 meeting with the government to discuss the ordinances, Solidaires called for the rejection of the current ordinances, the repeal of the anti-worker 2016 El Khomri Law brought in by the previous Socialist Party government and rejection of the government’s prioritisation of "flexibility" over security for workers.

Solidaires is working to win agreement for a mid-November convergence of the struggles of workers, unemployed and retirees. It presented proposals for how to achieve this convergence to the inter-union meeting on October 24. Solidaires stated that "the constitution of a strong and determined social movement is urgently needed".

An agreement was reached at the October 24 meeting between the CGT, Solidaires and the FO for a joint mobilisation on November 16. Although opposed by the CDFT, the call has also been endorsed by UNEF, France’s main university student union, and two high school student unions. These student organisations played a critical role in the early stages of the 2016 protests against the El Khomri Law.

Another organisation pushing for a united mobilisation has been the Social Front (FS), which was established in late April by activists frustrated by the collapse of the 2016 movement.

FS has been building up its support with more than 130 union, social justice and political organisations from across France affiliating to the organisation.

It also successfully built a series of united mobilisations against Macron following the first round of the presidential elections in April. FS has called for a joint protest on November 18 against Macron’s policies. Activists from FS addressed the October 24 inter-union meeting seeking to win support for the mobilisation. -------------------------------------------------------------------------------

[This article was originally published inGreen Left Weekly #1159]

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Saturday, October 14, 2017

France: Close to half a million workers join public sector strike

Lisbeth Latham

Hundreds of thousands of workers, retirees and students joined a third day of strikes and protests across France on October 10. The protests are part of ongoing efforts by unions, left parties and progressive organisations to defeat attacks on workers and the public service by President Emmanuel Macron.

Protests were held in 140 cities and towns and drew 400,000 people into the streets.

At the centre of the day was a strike called by the nine union confederations active in France's public sector. The strike was aimed at stopping the planned 120,000 job cuts in the sector.

The General Confederation of Workers (CGT) estimated participation of 30-50% across the public sector.

While the mobilised numbers sound impressive, the movement is struggling to build momentum. The mobilisations on October 10 were slightly smaller than those on September 12, although larger than the September 21 mobilisations.

More importantly, the current movement is small compared to recent mass labour mobilisations in France.

Last year's movement against the El Khomri labour laws peaked with two national mobilisations of more than one million people. The movements in 2009 and 2010 saw multiple united mobilisations that drew more than three million people into the streets.

There are several reasons for the smaller mobilisations.

One of these has been the government's use of France's undemocratic constitution to rush through emergency ordinances without a parliamentary vote. This has reduced the extent to which people see attempts to defeat the attacks as realistic. (There will be a vote on Macron’s anti-worker laws in late November, more than two months after the ordinances came into effect)

The trade union Solidaires argued in a statement on October 12 that the present mobilisations demonstrate a widespread willingness to mobilise against the laws. However, the ability to fully engage that willingness has been undermined by divisions within the union movement as to what parts of the laws should be opposed and how they should be opposed.

The leaderships of reformist union confederations such as the French Confederation of Democratic Workers (CFDT) have been broadly supportive of sections of the legislation.

Rather than call on members to join mobilisations, they have sought to engage in dialogue with the government regarding the text of the ordinances. They have expressed concern that mobilisations against the ordinances would undermine future negotiations with the government.

The more militant unions have instead pushed a line of rejecting the changes and mobilising workers in the streets. However, they have done so inconsistently and in ways that have not taken full advantage of breaks in the CFDT's approach.

For example, when CFDT's rail federation, along with Solidaires' rail federation, called for a strike on October 10 in support of the public sector strike, the CGT's rail federation – the largest union in the railways – refused to join the strike. Instead, it encouraged members to join the protests, meaning the strike had minimal impact on rail services.

Divisions within the movement are not just a symptom of differing assessments of the attacks and how best to fight them. They also reflect a jockeying for positions by the confederations in anticipation of union representation elections next year.

The CFDT has historically been France's second confederation behind the CGT. Today it is either the principle confederation, or at least challenging for that position in the majority of industries.

CFDT officials pointed out at mass meetings of tens of thousands of activists and officials on October 3 that they believe the current moderate approach will strengthen the CFDT’s hand in the elections.
However, the New Anti-Capitalist Party reported on October 6 that CFDT’s leaders had to spend much of those meetings defending their conservative line from criticisms from the ranks.

One positive development has been that leaders from France’s union confederations held a joint meeting on October 9. This is the first such meeting to be held during the current campaign, despite calls by Solidaires for a joint meeting since May.

Unfortunately, the meeting did not issue a joint call for united mobilisation, although Solidaires suggested that in addition to themselves, the CGT and the United Union Federation, which have all been actively pushing for joint mobilisation, there is also support for such a call from Workers Force and the French Confederation of Management – General Confederation of Executives.

The meeting did support a call for a further meeting of union leaderships on October 24, which will take stock of the full range of social attacks coming from the government. Solidaires leaders have expressed hope that the meeting will call a joint mobilisation for early November.

On October 9, the CGT called a confederation-wide strike for October 19. CGT national secretary Fabrice Angei said in a statement: “Our citizens are increasingly challenging the orders, 65% of them reject them and 57% approve of the mobilisations against the government project … the government is conducting a comprehensive deconstruction of the French social model.

“We will mobilise on October 19 against this social destruction, and for a 32-hour week, salary increases and retirement for all via mutualisation”.

Solidaires issued a statement on October 12 in support of the October 19 mobilisation, arguing that it is an opportunity to build public awareness and unify and strengthen the unions’ bases of support in the public and private sector in order to better challenge the government.

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[Originally published in Green Left Weekly #1157]

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Friday, October 6, 2017

France: Movement builds against anti-worker measures

Lisbeth Latham

France’s Council of Ministers approved five ordinances on September 22 that undermine union power and employment rights within France’s Labour Code, which came into effect the next day.

The government imposed these changes by using undemocratic measures in France’s constitution, which allows it to push new measures into law without passing legislation through parliament.

In the face of this, the movement against the changes continues to build. 

France Insoumise (France Unbowed, FI) held a national convergence in Paris on September 23 against what it described as a “social coup”. The protest mobilised 150,000 people — more than twice the size of the largest Paris mobilisation so far against these attacks.

FI leader Jean-Luc Melenchon told the crowd: “We were not able to discuss a single line, a single page, of the ordinances!”

The Washington Post reported that Melenchon said “we must bring forward the strength of our people in battle and in the streets”.

On September 26 the transport federations of the General Confederation of Workers (CGT), Workers’ Force (FO) and National Union of Autonomous Unions (UNSA) began sustained strike action against the changes, including blockades of oil depots and major highways. As a result, there have been widespread petrol shortages at service stations.

On September 28, there were mobilisations across France by retired workers and students. These protests targeted the changes to the labour code, but also the broader assault by President Emmanuel Macron and Prime Minister Edouard Phillipe on social conditions.

In particular, protesters targeted the 1.7% rise in the Generalised Social Contribution (CSG) and the failure of thousands of students to receive selection advice for entry into university. The CSG contributes to the funding of France’s social security system and is paid by both workers and retirees.
Macron and France’s peak employer organisation, MEDEF, hoped that worker and union resistance would dissipate with the ordinances coming into effect. Macron has downplayed the significance of the movement, telling CNN: “I believe in democracy” and that “democracy is not in the street”.

Instead, the resistance continues to grow.

Unions have called for a joint public and private sector strike on October 10. This will be the first joint strike by France’s public sector unions in 10 years.

Unfortunately, the unity between unions within the public sector has not been replicated in the private sector. An October 3 mass meeting of 10,000 officials and activists of the conservative French Confederation of Democratic Workers (CFDT), the largest confederation in the private sector, refused to endorse strike action on October 10.

However, there was opposition to this conservative approach expressed at the October 3 meeting, which could result in more CFDT members joining the October 10 protests than occurred with the previous France-wide protests against the attacks on September 12 and 21.
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[This article was originally published in Green Left Weekly #1156]

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Saturday, September 23, 2017

France: Thousands join new round of protests against anti-worker attacks

Lisbeth Latham

About 250,000 people joined 400 protests in cities and towns across France on September 21, the General Confederation of Workers (CGT) said, in the second round of mass protests against President Emmanuel Macron’s anti-worker laws.

This was about half the number of people who mobilised for the first round of protests and strikes on September 12. The protests came the day before a meeting of the Council of Ministers to ratify five ordinances, which will undermine the rights of workers and their unions.

If ratified, the ordinances will immediately come into effect. However, the government will still need to pass legislation to permanently incorporate them into France’s Labour Law.

Much of the mainstream media has expressed hope that the lower turnout for the September 21 protests is a sign of the movement quickly losing momentum. Left unions and parties, however, remain optimistic that the movement can continue to build and beat back the current attacks.

CGT leaders described September 21 as a success and proof “that after September 12, the movement is for the long-term”.

In a statement, the CGT said: “The Council of Ministers of September 22 must hear that the citizens overwhelmingly condemn and reject the reform of the labour law and regressive government measures for young people, employees of private and public companies, retirees and the self-employed.”

The smaller scale of the mobilisations was expected. There were several factors that made larger mobilisations on September 21 unlikely.

One factor was that it was held so close to the first day of protest. Nonetheless, holding a second day of action the day prior to the Council of Ministers meeting was important to demonstrate clear opposition to the ordinances.

A second factor, particularly in Paris, was that the left-wing group France Insoumise (France Unbowed) had called for a mobilisation against the laws for September 23. It is bussing in activists from across France for the protests on a day that allows people to demonstrate without missing a day of work.

A third factor is that, at present, the mobilisations are supported by a minority of unions — primarily the CGT and the trade union Solidaires. The other union confederations have not been supporting the mobilisations, although some federations and regional unions have backed the protests.

There are, however, signs this could be changing. In the lead-up to and after September 12, a number of French Democratic Confederation of Labour (CFDT) federations and regional leaders expressed frustration at the CFDT leadership’s refusal to support the movement.

This frustration will have been furthered by the publication in the left-wing daily Liberation of an agreement between France’s five main confederations, including the CFDT, regarding “red lines” which the confederations would not accept the legislation crossing. The government has now crossed them, with little or no objection from the more conservative unions.

There are now signs that these unions are starting to be drawn into the movement. La Figaro reported on September 20 that after a breakdown in talks with the government, Workers’ Force (FO) and the National Union of Autonomous Workers (UNSA) have joined the CGT in calling for an indefinite road transport strike against the new labour laws.

The CGT has expressed a desire to extend the strike to waste collection, as well as passenger and urban transport.

Also on September 18, all nine union confederations represented in France’s public service announced a united strike for October 10 against pay freezes and the government’s planned cutting of 120,000 jobs. This will be the first joint strike in the French public sector for 10 years.

These developments give credence to the CGT’s hopes that the movement is on the rise.

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This article was originally published in Green Left Weekly #1154

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Friday, September 15, 2017

France: Mass protests begin against Macron’s attacks

Lisbeth Latham

France’s militant unions held the first major day of protest on September 12 against the ordinances introduced by the government to undermine the country’s labour laws.

Their protests were seen as the start of the campaign to defend workers’ rights. It served as a major test for the capacity of the movement to mobilise working people while France’s unions are divided as to how to respond to the attacks.

The protests included more than 4000 strikes and protests in 200 cities and towns across France. The General Confederation of Workers (CGT) estimated that 500,000 people took part. The largest protests were in Paris and Marseille, where 60,000 marched.

Amid debate over the size and success of the protests, the CGT said in a statement the day was a “veritable success”.

There were a number of factors that made it harder to mobilise workers on September 12 compared with the demonstrations against anti-worker laws last year. The text of the proposed law was published only two weeks before the protest and the divisions in the labour movement are worse than last year.

More conservative federations refused to take part, with only the CGT, United Union Federation (FSU) and the trade union Solidaires supporting the mobilisations.

The September 12 protests were also supported by France’s main university and high school student unions.

However the Workers’ Force (FO) confederation, which supported last year’s protests, refused to call on its members to mobilise. Instead, it has sought to take part in consultations with the government along with the more right-wing Democratic Confederation of French Workers (CFDT) and the French Confederation of Christian Workers (CFTC). The CFDT and CFTC have previously been open to supporting some “liberalisation” of French labour laws.

All three groups have raised concerns about sections of the text. CFDT deputy secretary general Veronique Descacq justified the union’s refusal to mobilise by arguing that changes in the proposed text could be best made through “outreach work with the employees and conveying the unions’ negative opinions in the consultation bodies”.

There are signs, however, that the movement will be able to broaden out beyond France’s militant unions. Sections of the FO and CFDT did call on their members to join the protests.

For instance, secretary-general of the CFDT Metallurgy in Rhone Khaled Boughanmi told Liberation of his support for the protests: “I was elected to reject social decline.”

An important component in the campaign to broaden the movement has been the Social Front, which brings together a range of unions and social movements. It was established in April and initiated the first mobilisations against Emmanuel Macron after his victory in the presidential election.

The Social Front has been central in building smaller mobilisations against Macron and in linking militant forces within the different union confederations.

The Social Front has sought to tap into the widespread antipathy to mainstream politics reflected in the record low participation in the presidential and parliamentary elections, and the ongoing slide in Macron's popularity.

Macron has seen his polularity fall in his first 100 days in office, something which previously occurred only with president Jaques Chirac. City AM reported on August 27 that Macron’s approval rating had fallen to 40% while his disapproval rating had risen to 57%.

Despite this, Macron is persevering with his planned assault on workers’ rights, which he demagogically claims will lower unemployment.

The key changes are:

  • Cutting the number of workplace representatives in small- and medium-sized enterprises by amalgamating existing representative bodies; 
  • Cutting and capping the amount of compensation that workers who have been unfairly dismissed can receive; 
  • Increasing the range of conditions that can be negotiated at the enterprise level, rather than in national or industry-wide agreements. Such conditions can undercut the higher level conditions. Due to changes in the laws last year, a vote on these matters can be initiated with the support of unions representing just 30% of the workforce, even if unions representing more than 50% of workers oppose the agreement (previously these unions would have been able to veto a vote); 
  • Increase the use of fixed-term contracts in preference to permanent employment; 
  • Enable companies to initiate changes to workers’ contracts (even if the company is profitable) and dismiss workers who reject a change (previously such changes required workers’ agreement); 
  • When assessing whether redundancies should go ahead in multinational companies with sites located in France, only the performance of the parts of the company in France will be considered.
There is widespread anger against these attacks, with polls showing most people support the movement against the changes. But successive governments have been able to push through a series of attacks on working people and their unions by staring down protests and relying on the movement collapsing once laws are passed.

This time, Macron is also relying on using France’s undemocratic constitution to use his executive power to put temporary ordinances in place, seeking to pass the legislation through parliament later. The text of the labour ordinances was published on August 31.

The Council of State is expected to approve the labour ordinances on September 22 and the ordinances will take effect from that time. It is unclear when bills converting the ordinances to laws will be introduced to parliament.

To defeat this push, the movement will have to build an escalating campaign — creating the fear in the government’s mind that they might lose control. The next step will be the strikes and protests called by the CGT for September 21 and protests called by Jean-Luc Melenchon’s left-wing group France Unbowed (FI) at the Bastille on September 23.
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This article was originally published in Green Left Weekly #1153

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Wednesday, April 6, 2016

France: Movement against labour law swells as hundreds of thousands join protests and strikes

Lisbeth Latham

The hopes of French President Hollande and Prime Minister Valls of easily driving through their new labour law, that will dramatically cut rights from France’s Labour Code (which sets minimum conditions of employment – particularly in companies with no collective agreement – sets the institutional role of France’s union confederations) was dealt a severe blow as hundreds of thousands of people answered the call of worker and student unions for a day of strikes and mobilisations on March 31. These large mobilisations which were double the size of the previous united day of action on March 9. Despite growth, there remain considerable challenges for the movement if it is to force the government to retreat from its assault on worker’s rights.

Growing Movement
The March 31 mobilisations were larger than the earlier March 9 protests in all measures. Protests were held in 250 towns and cities compared to 140 previously. Union estimates put the number of participants at 1.2 million (up from 500, 000 on March 9), while police estimated 390, 000 people up from 250, 000. The largest demonstration was in Paris where 140, 000 people marched despite heavy rain – other large protests occurred in Marseille (120, 000) and Toulouse (100, 000). High School students unions reported 250 high schools were blockaded up from the peak of 200 during the student day of protest on March 17. University and high school student unions estimate that more than 200, 000 students participated in protests across France.

Socialist government’s efforts to demobilise fail
In the face of widespread hostility to the law (opinion polls suggest that 70% of people are opposed to the laws) the PS lead government have hoped to demobilise protests based on both on appearing to listen to protests and in making concessions in amending the proposed legislation. In the wake of March 9 protests, Valls announced that he would meet with student organisations and that he “looked forward to seeing the student proposals” on the laws. The draft legislation that was sent to the Council of Ministers on March 24 was heavily amended compared to the original draft – however it continues to contain major attacks on workers and the unemployed.

While the government was hoping that its concessions would help to divide and demobilisation the movement they have also been hoping that the continued failure of the leadership of “reformist” unions such as the Confédération française démocratique du travail (French Democratic Labour Confederation - CFDT), which after initially attempting wrangling amendments to the bill has acted to supported the bill, would help to undermine the mobilisations. Instead the more militant unions have repeatedly stated that the bill is unamendable and that it needs to be withdrawn in total. As a result there have been reports of members of the reformist unions particularly the CFDT and the Confédération Française des Travailleurs Chrétiens (French Confederation of Christian Workers) joining the protests.

A reflection of the impact of the failure of the government’s strategy is reflected in the collapse in popularity of both Hollande and Valls whose approval ratings are down to 15% and 27% respectively, Hollande’s approval rating is the lowest ever for a Socialist president.

Police Repression
As with previous mobilisations March 31 featured clashes between security forces and protesters with more than 100 people arrested and dozens of injuries. This violence has been made easier by the continued state of emergency which was put in place in the wake of the November 15 terror attacks in Paris. Police violence, particularly towards high school students – highlighted by member CRS riot police breaking a 15 year-old student’s nose on March 24 – has caused wide spread anger. The daily left-wing paper Liberation has been calling on witnesses to police violence to send it videos of any violence from protests. A joint statement issued by student organisations on April 4, set an objective of their mobilisations as “an immediate end to police repression and prosecutions as well as the immediate lifting of the state of emergency”.

For a reduced working week
The premise underlying the labour law is the need to tackle France’s growing unemployment problem, which currently stands at more than 10%. However as student and the militant unions are pointing out the proposed laws will do nothing to reduce unemployment but instead are aimed at boosting profits and flexibility for capital. In addition to calling for the bill to be abandoned the radical union confederation Solidaires and student organisations are calling for a further reduction of the working week – with Solidaires arguing that 32 hour week is necessary along with significant increases in the status and financial support for the unemployed.

Movement to come
The combining factors of the massive growth in the movement, the continuing refusal of the government to seriously engage with the opposition to the bill and the police repression has resulted in a speeding up and intensification of the movement. This is reflected in the large numbers of people who occupied public squares across France in the evening of March 31. In the evening of March 31 the leaderships of the worker and student unions that are leading the campaign issued a statement calling for the total withdrawal of the bill and for further mobilisations on April 5 (students) and April 9 (all sectors). On April 1 the general assemblies of students were held at Paris I (Tolbiac and Sorbonne) and at Paris VIII (Saint-Denis) universities both of which issued statements committing to further mobilisation and continuing the work of informing the university community of the campaign. Over April 2 – 3 a national coordinating meeting of university students was held and a joint statement was issued on April 4. This statement endorsed the mobilisations that had already been called for April 5 and April 9 and announced three further student mobilisations for April 12, 14 and 20 – with the objective of linking up with workers to build a renewable (i.e indefinite) general strike. In the statement students warned that the government is relying on the approaching university holidays to help to demobilise students (which occurred in 2006 following the withdrawal of the First Employment Contract law) but that students should instead use the holidays as an opportunity to intensify organising efforts. The statement also called on the university administrations not impede further mobilisations – which necessitates the universities postponing exams.

The continued growth of the movement has the potential to force the government to backdown – just as it was last week on its push to change France’s constitution to allow individuals convicted of terror related offences of their citizenship – however it is important to keep in mind that the current movement is far short of previous mass French worker and student mobilisations (1995, 2003, 2006, 2009, 2010) most of which were unable to generate sufficient pressure to defeat the neo-liberal assaults on the rights of workers by right-wing governments. While the push for increased mobilisations, particularly the proposal of university students, are important steps – there remain important challenges. The student push for a renewable general strike, which if realised would place massive pressure on the government, faces the serious challenge of the limited support within the union movement for such a strike – at this point only Solidaires (which is calling for such a strike and has a long record of advocating for a general strike as a mechanism for defeating government attacks) and Fédération Nationale des Industries Chimiques Confédération générale du travail (National Chemical Industry Federation General Confederation of Labour - FNIC CGT) which has advocated for a renewable strike in the chemical industry and in oil refining (the FNIC CGT lead a month long strike in France’s oil refineries during October 2010 against both attacks on France’s pensions and restructuring in that sector). An danger of the increase pace of the student mobilisations is that if the broader movement does not expand the students risk narrowing and exhausting their own campaign. It is this challenge of negotiating the need to expand the size, strength and pace of mobilisation – whilst avoiding exhausting those are already a part of campaign which faces the militant wing movement and which will be answered in the coming weeks.

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Thursday, March 31, 2016

France: As mass protests and strikes loom, the challenges and potential of a movement to defeat the work law

Lisbeth Latham
Today (March 31) workers, students, unemployed and retirees will join the fourth mass mobilisation against the attemps of the Parti Socialiste lead government of Prime Minister Emmanual Valls to pass a new work law. This new legislation if passed will significantly reduce the rights of French workers The, legislation which is popularly referred to as El Khomri, in reference to labour minister Myriam El Khomri, will deepen the efforts of previous efforts by both the current PS government and earlier right-wing government’s to make workers and other popular sections of French society pay for capital’s crisis. Despite the mobilisations against the law, media commentary are seeking to portray these mobilisations as fruitless against the inevitable introduction of the "necessary" liberalisation of France’s labour laws. This dismissal has centred on the relatively small size of the current movement in comparison to previous French mass mobilisations around workers’ rights. This article will explore the proposed bill and the emerging movement against the new laws comparing this movement with previous mass French mobilisations within the world of work and examining the new challenges it faces within current political landscape in France.

The initial proposed bill contained significant attacks on both working conditions and unions, these included:

  • Increased number of consecutive weeks where workers can be required to work overtime – the French working week is 35 hours, however this can currently be increased to 44 hours (with paid overtime) for a period of 12 consecutive weeks. The bill would this to be extended 16 consecutive weeks – where an enterprise agreement had been reached this could be extended to 46 hours over a maximum of 16 weeks;
  • Capping of payments to workers who are unfairly dismissed at 15 months of salary;
  • Making It easier to for employers to force part-time employment – current provision requires that for part-time work to be implemented, the employer must give prior notification to the labor inspectorate in order to avoid abuse. The bill proposed that the employer be able implement part-time work unilaterally;
  • Removal of the legal entitlement to bereavement leave (presently set at two days) with local agreements determine whether workers have access to such leave and its duration;
  • Increase in the maximum duration of night work from 40 hours per week for three months to 40 hours a week for four months;
  • Increased use of "package-days" where work is expressed in days rather than hours – 50% of French managers already are employed on this basis – the change would extend the practice to more workers – with enterprises with less than 50 employees not needing an enterprise agreement to implement. The proposal would also remove responsibility for ensuring workers take minimum hours of rest between work days or days off;
  • Varying of work time over three years. Under France’s 35 hour week it is possible for hours to be averaged over a number of weeks (if the average over this time is not above 35 hours) then no overtime is paid. If there is no enterprise agreement then the maximum span of time that hours can be averaged over is four weeks – with an agreement the maximum is one year. The proposed change is that this be extended to three years. In companies with less than 50 employees were no agreement is in place the four weeks could be extended to sixteen weeks;
  • Increase in the work week for apprentices under the age of 18 – the current maximum working hours are 35 hours per week and eight hours a day – the new maximums would be 40 hours a week and ten hours – this increase would not need to be approved by the labour inspectorate;
  • Making it easier for employers to force through enterprise level agreements – current provisions requires that for an enterprise agreement to be valid it must be agreed to by one or more unions representing 30% of employees (based on votes France’s union representative elections) and that the agreement is not opposed by unions representing more than 50% of workers. The new law would allow a company referendum will validate an agreement even if the unions representing 70% of workers are opposed;
  • Companies would be able to reduce wages or increase working hours (with no increase in wages) even when company is not having financial difficulties. Currently can do this (for a maximum of two years) if they are facing financial difficulties if workers and unions agreed – the proposed change would allow companies to propose the change if they felt it would enable them to meet a business opportunity, to do so they would be able to bypass unions and put a vote to workers – if a majority approved the change any worker who refused to accept the change could be sacked without any redundancy payment;
  • Ending the right to  11 consecutive hours of rest between "package-days" – instead breaks would be able to be broken up with periods of work within these 11 hours. If a worker is on call then on call, the period that they on call and not  engaged in work would count as part of the rest period;
  • Change of mission of occupational physicians – occupational physicians are currently primarily responsible for prevention of workplace injury, and is in place with a focus on the health of workers. Their objective is to maintain of employees to perform their duties - by proposing adaptations to them if necessary. The new bill would give physicians a new mission: to certify "the ability of the employee to exercise any of the existing tasks in the company" and "to ensure the compatibility of the worker's health the position to which he is assigned" – which is an inversion of the current role and significant attack on workplace safety;
  • Leave during natural disaster no longer be legally guaranteed - currently the length of leave for natural disasters is 20 days guaranteed by law. With the bill, it is the branch or company agreement that will define its duration and the conditions for access;
  • The duration and terms of a sabbatical would no longer guaranteed by law - the minimum duration of the sabbatical leave is currently set at a minimum of six months  and a maximum of eleven months. With the bill, any access to a sabbatical, and its duration, would be defined in an enterprise or branch agreement;
  • Weakening of job training programs – currently young workers or older unemployed workers can enter into a "professional contract" which includes on the job training for a recognised qualification while receiving a subsidised wage – the bill would allow these contract to include more limited on the job training that would not result in a recognised qualification;
  • Increased use of three year wage deals – currently there are mandatory annual negotiations on wages. Since 2015, it is possible for an enterprise to hold its negotiations every three years if there is a majority agreement in place in that company. The bill will allow a branch agreement to be negotiated triennially based on 30% support in that branch of industry;
  • Allow for the state to finance private apprenticeship training providers;
  • Facilitate dismissals during the transfer of business - currently, when a company sells all or part of its business, jobs are maintained and work contracts are automatically transferred into the new structure. The bill will provide for a portion of employees to be transferred with the business, but will allow for the dismissal of others;
  • Allow for part-time worker to be paid less for additional hours – currently when part-time workers work hours in addition to their contract they get a differented payment of additional wages – for those hours that constitute upto 1/10 of the contracted hours they receive a loading of 10% on the additional hours worked and a loading of 25% for all hours in addition to this – only a branch agreement can change this arrangement to a flat additional payment of 10%. Under the bill all part-time workers would receive a 10% loading – this change will have a significant impact on gender equality as women workers make up 82% of all part-time workers in France;
  • Reduce notice period for changes in rosters – currently part-time employees must given seven days notice of a change in their work schedule – only a branch or enterprise can reduce this to a shorter period (with a minimum of three days). The bill provides for that the schedule change is possible for all part-time workers with three days notice;
  • Employers able to change paid leave arrangements at short notice - the law currently provides that employers should take into account workers’ family situations when determining dates for paid leave. Within a month scheduled beginning of a workers’ leave the employer has no right to change the start or finish dates of the leave. With the proposed bill, these mandatory measures were transformed into 'supplemental' provisions. They can be challenged by way of enterprise or branch agreement;
  • Under the bill enterprise agreements would have a maximum of 5 years – Current enterprise agreements last indefinitely, unless otherwise provided in the Agreement, or terminated by either party. The agreement can be unilaterally denounced by trade unions signatories or by the employer. In this case, the rights and entitlements within the agreement continue to apply until there is a new agreement. Once terminated there is a three-month notice period before renegotiation begins, allowing trade unions to prepare, inform and mobilize workers ... With the proposed bill, all enterprise agreements have a term of 5 years. The provisions of the agreement are immediately canceled and cease to apply, even if there is no new agreement. There is no notice period prior to the beginning of negotiations;
  • Overpayment: employment centre can draw directly on unemployment benefits - When an employment centre claims to have made a mistake in the payment of unemployment benefits and wishes to recover the overpayment it must get the approval of a judge. This ensures that the overpayment was actually made (sometimes it hasn’t been) and allows the unemployed person to arrange for repayments to be made in instalments. With the proposed bill the judge's approval is no longer mandatory. The employment centre will directly deduct the overpayment from following month’s benefits payment. If the employment centre made a mistake, it unemployed person to go to court to their money repaid. This risks unemployed workers suddenly facing having little or no money one month to another. The spreading of repayments, which has been previously easily accessed, will be much harder to obtain;
  • On call-time may be counted as rest time – in violation of the European Committee on Social Rights requirements that time when works are required to be on call not be counted as mandated rest-time between working time the proposed bill will allow this to occur;
  • Reduced protections for employees who invalidly made redundant - when a court declares a redundancy void the worker is entitled to reinstatement. When this is not possible the current law provides 12 months of salary compensation to a minimum. The new law will limit this to six months, and this will only be for works with at least two years of service with the company;
  • Lower allowances for dismissed sick and injured workers - when a worker is dismissed for incapacity following an industrial accident or an occupational disease and the employer took no steps to find alternative work or arangements – the dismissal is not valid. The current law provides for compensation of a minimum of 12 months of salary. The bill proposes that this be only 6 months salary;
  • Enterprise agreements will be able to reduce overtime payments – the Labour Code provides that the first eight hours of overtime attract a penalty rate of 25% with subsequent hours paid an additional 50%. Under the proposed bill management will be able through an enterprise agreement to reduce the overtime rate to a flat 10% rate.

  • The government has motivated these changes on the idea that France’s existing labour code deter investment in the French economy and discourage companies from taking advantage of business opportunities (for fear of a subsequent contraction in the business) – the reality is that much of the changes have a significant capacity to undermine job creation – this is particularly the case for the provisions for increasing the work week – even those that supposedly make investment "less risky" they don’t address the key cause of France’s economic woes (the ongoing effect of the GFC) nor do they address the reality that outside of a sharp decline in demand companies have the capacity to adjust employment numbers without recourse to redundancy through mechanisms of natural attrition.

    Blaming the growth on precarious employment in France on "rigid employment laws" is undermined by the reality that more liberalised labour markets, like Australia, have extremely high levels of insecure and precarious employment.

    The proposed bill has caused widespread anger across France – with opinion polls indicating 70% opposition. A change.org petition against the bill launched in February received 200, 000 signitures in the first four hours of being online, the petition has now been signed by more than 1.2 million people.

    March 9 strikes and mobilisations
    Strikes and mobilisations were called in 140 cities and towns across France for March 9. These protests were supported by the three most militant union confederations – the CGT (Confédération générale du travail – General Confederation of Labour), FO (Force Ouvri – Workers Force) and the trade union Solidaires – in addition the call for the mobilisation was supported the large education union the FSU (Fédération syndicale unitaire – United Union Federation)and the university and high school student unions UNEF (Union Nationale des Étudiants de France – National Union of Students of France), FIDL (Fédération indépendante et démocratique lycéenne Independent and Democratic Secondary Student Federation) and UNL (Union Nationale Lycéenne – National Union of Secondary Students). Between 250, 000 and 500, 000 people participated in the protests across France (both the unions and the interior ministry employ official protest counters to count the size of protests – these counters differ in their methodology as to who should be included as a participant in the protests – with police only including those who within the confines of the march on the street – whilst the union counters will tend to include those who are on the edges of protests along the footpaths – which particularly makes sense on big mobilisations).Think this is too long to be in brackets and needs some full stops and that. The largest of these was held in Paris with between 27, 000 and 100, 000 participating in three protests across the day. In addition to the protests a number largest of these was in the SNCF (France’s national rail system) where four main rail unions (including reformist unions such as the Confédération française démocratique du travail (French Democratic Confederation of Labour - CFDT) and the Union nationale des syndicats autonomes (National Union of Autonomous Trade Unions)) had issued a strike notice resulting in significant disruptions to rail services over a range of issues including the ongoing reduction in the SNCF workforce via natural attrition of some 25, 000 workers over the past decade.

    At the Paris union march from the MEDEF (Mouvement des entreprises de France – Movement of the Enterprises of France) to the ministry of labour, CGT general secretary Philippe Martinez told the crowd that in the CGT’s call (reformatting) that the government withdraw the bill that "The message is clear. Mr Hollande and Manuel Valls to stop incorporating the proposals of employers".

    Some of the student slogans at the March 17 and March 24 protests included:
    “On strike until retirement!”
    “Be young and shut up!”
    “Less valls, more tango” - a play on valse (waltz)
    “You do not let us dream, we will not let you sleep!”
    "The night is made for kissing, not for work”

    In the lead up to the March 9 mobilisation the government announced that the presentation of the bill to the council of state would be delayed from the scheduled date of March 9 until March 24 – this was to provide more time for the draft bill to be amended to take on criticisms from both within PS and concerns from the more moderate unions particularly the CFDT - with three aspects expected to be changed. In the wake of the protests El Khomri announced that she would take on board calls. Prime Minister Valls announced he would meet with student organisations to discuss their concerns.

    The bill presented to (and adopted by) the council of ministers on March 24 had undergone considerable changes including:
    • Return to a maximum of 12 consecutive weeks of overtime;
    • The proposal to extend the maximum number of consecutive weeks of overtime will be subject to a consultation period up until October;
    • Proposal to cap unfair dismissal payments has been removed however there has been an indicative scale in place since 2013 for during the conciliation stage of unfair dismissal cases – the government has indicated that it will change this scale by decree (avoiding the need to have the law passed) and extend the scale to apply to awards in cases that move to trial;
    • The provision to remove bereavement leave from the Labour Code has been withdrawn but other forms of leave such as carers leave will be determined in the enterprise agreement;
    • For a company to implement the spreading of overtime over three years an enterprise level agreement would not be sufficient, instead there would need to be branch agreement in place;
    • Increase in the hours for young apprentices was withdrawn (although companies will be able to apply to the labour inspectorate for an increase);
    • proposal to allow unilateral introduction of part-time work dropped;
    • Proposal to extend "package days" was modified to stop employers being able to unilaterally implementing "package days" – any shift would require agreement with union representatives in the enterprise;
    • In the revised bill, the referendum on adopting a contested enterprise agreement is called "consultation". Initially, these "consultations" will not be implemented for determining working hours, however the bill provides for referendum to eventually apply to all sections of the Labour Code including working hours;
    • Removal of the entitlement leave for caring for parent or close family with illness or disability (currently set at three months) and would have to be provided in an enterprise agreement.
    In addition a new change was included removing the minimum payment for wrongful dismissal – at present if a worker is unfairly dismissed they receive a minimum payment of six months if the company has more than ten employees and they have more than two years of experience – the new proposal is to strip this protection entirely meaning a worker who is wrongfully dismissed could receive nothing.

    While MEDEF and other employer groups have been critical of the government for buckling to the movement– the unions leading the mobilisations are clear that they want the bill withdrawn in its entirety.

    A limited Movement?
    Much of the mainstream English language media coverage of March 9 protests (the later student protests have barely rated a mention) have focused on the fact that this mobilisation was smaller than previous mass union mobilisations in France, (new sentence) most notably the 2010 movement against Francois Fillon’s assault on pensions – which featured seven days of mass strikes and protests between September 7 and October 28 of that year involving more than two million people and ongoing strikes in a number of sectors most notably the oil industry.

    While these observations are true, they fail to recognise either the different context in which the current movement is occurring. Much of these conditions act to undermines mobilising capacity of the unions; or that of the big union mobilisations across the last decade only one of these began with truly large union mobilisations, while the others grew into a larger movement from a more modest beginning.

    Looking at the experience of the previous campaigns there arethree distinct experiences for the movements of 2006, 2009 and 2010. In 2009 the movement against the austerity policies that sought to make working people pay for the capital’s crisis began with two mobilisations of more than two million people on January 29 and March 19. By May Day protest numbers were down to 1.2 million people, and the movement dissipated after the summer holidays. By comparison the unsuccessful campaign against pension reforms in 2011 began with mobilisations of around 800, 000 in March of that year (this mobilisation was supported by the entire labour movement). While the campaign against the first employment contract (CPE) in early 2006 initially attracted limited union participation in the protests. Instead the movement was driven by hundreds of thousands of university and high school students whose action during February helped to overcome the resistance of a number of union confederations to participating in the movement (largely to regain control of the movement from the insurgent student). Once the unions came on board the protests and strikes grew rapidly. With 1.5 million and 2.71 million on March 18 and 28 respectively and 3.1 million on April 4, resulting in the scrapping of the law on April 10 (another anti-worker law – the equal opportunity law – remained in place but the movement split and dissipated in the wake of the scrapping of the CPE).

    The last three big national labour movements in France all occurred under governments of the right. The defeat of the 2011 movement saw a shift away from street mobilisation into hopes that change could be achieved through the ballot box – demonstrated by through the PS victory in the 2012 presidential and national assembly elections and the rise of Front de Gauche’s (an alliance of left parties centred around the PCF and the Parti de Gauche) whose presidential candidate Jean Luc Melechon achieved a vote of 11.10% in the presidential election. Since the 2012 election the PS and its governmental allies have been a disappointment to much of its base and the social forces to its left– not only has the PS failed to reverse the pension changes but has also deepened the liberalisation of the labour market in the interests of capital. These actions have resulted in the electoral rise of the Marine Le Pen’s far-right Front Nationale – and electoral decline of the PS and more importantly the parties to its left.

    Unlike the previous mass worker and student mobilisations – the current mobilisations have not been united (with the "reformist" worker and student organisations not supporting the March 9 protest). This division makes it more difficult to build as large protests as in the previous movements. As to bring the members and supporters of the reformist unions (particularly the CFDT - , France’s largest union by membership) into motion, they have to be appealed to over the heads of the leaderships of their unions. However the absence of these forces means that there is a stronger basis for ongoing mobilisation as differences in objectives between the two wings of the union movement (demands for total withdrawal of the bill by the militant class struggle unions vs. calls for consultation and modification of the proposed text of the bill by the reformist forces) are not expressed within the movement itself. This presents a greater opportunity for mobilisations to continue if the legislation is passed, particularly compared to 2011, when the reformist unions who had sought greater consultation by the Fillon government withdrew completely from the movement once the legislation passed – resulting in the almost immediate collapse of the campaign.

    An additional factor impacting on the mobilisations against the El Khomri bill is the continuing state of emergency in France (the state of emergency was initiated in the wake of the terror attacks in Paris on November and has since been extended twice). From its inception the state of emergency has stifled the re-emergence of union mobilisations – with strikes cancelled in the week following November declaration of the state of emergency. The state of emergency has also provided a space in which the state has been able to exercise significant levels of repression particularly directed at students- both at student mobilisations and against student organising. The most notable case of repression was the assault by riot police and BAC undercover police on a 15-year-old high school student who had his jaw broken by police - the video of this violence was shared widely and forced the Minister of Education, Najat Vallaud-Belkacem tweet regret about "shocking violence violence against high school student" (the police officer is now facing criminal charges and is expected to go on trial in May). A number of universities have been closed administratively to stop them being used as organising spaces, whilst there have been reports of CRS riot police actively excluding union activists from university general assemblies to stop them from participating in the deliberation and votes on further actions in the campaign.

    Despite these difficulties and challenges there are important signs that movement that can challenge and potentially defeat the bill is developing. The most important aspect of this has been both ongoing organisation of students through the holding of general assemblies of students at universities and schools but also the development of joint actions between works and students between the mass days of mobilisations – which was so central to the 2006 campaign against CPE, albeit at lower level than in 2006. Since the lead up to the March 9 protests, student unions have holding general assemblies in which students come together to decide on the course of action at their institution – including whether the institution should be operating. These meetings, particularly at universities involve hundreds of students.

    Where to for the movement

    Today’s protests are an important test for the campaign. The growth in the size of the protests from March 9 will be important to maintaining momentum and in bringing pressure to bare on the government MPs, particularly those from the PS who are divided over the law - with its right-wing objecting to the concessions to the movement, center supporting the amended bill and left-wing opposing it.

    The early signs for a growth in the movement are good with more protests scheduled across both metropolitan France and the overseas territories than on March 9. Equally important a statement by the leadership of Solidaires indicates that their militants are reporting that at the local level at least, it appears likely that members, and possibly some branches, of the CFDT will participate in some of the actions despite that confederation’s leadership not supporting the strikes and protest. However, the experiences of 2006, 2009 and 2010 suggest that the growing may not be enough for the movement to force the defeat of the bill either in parliament or once if it is passed. For the movement to have a strong chance of success it will need to increase in intensity and again in both amongst students and workers there are signs this is possible. Amongst students the general assemblies of students, particularly at university continue to grow – with some meetings involving more than 1000 students on individual campuses. Moreover like in 2006, there are reports of students linking up with striking workers and helping to spread the movement. Amongst workers, in a number of sectors, most notably the SNCF, there are discussions of launching "renewable strikes" where workers meet in the local workplace each day to vote on whether to continue their strike action – with general assemblies of workers being organised for tomorrow (April 1). There has already been a further day of protest called by the "facs in the struggle" – the campuses whose general assemblies have voted to participate in the campaign – for April 5.

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