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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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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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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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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Union Statements on Tunisia

The following are some statements by unions and international confederations regarding events in Tunisia. The statement by French confederations is a rough translation of the text published on Solidaires website.

1. International Trade Union Conderation Statement on Tunisia - January 12
2. Statement by CGT, CFDT, FO, FSU, UNSA and Solidaires - January 13
3. Statement of the National Executive Bureau of the Tunisian General Labor Union (UGTT) - January 15
4. Statement of the Executive Bureau of the Tunisian General Labor Union - January 17



1. ITUC Calls on Affiliates to Mobilise against Repression of Demonstrations
12 January 2011: The International Trade Union Confederation has called on its affiliated organisations around the globe to mobilise against the violent repression of demonstrators by the Tunisian security forces. According to trade union sources, over fifty people are thought to have died in clashes between the security forces and protestors, and many more have been injured.

The wave of demonstrations was unleashed when a young street vendor from Sidi Bouzid committed suicide on 17 December 2010 following the confiscation of his merchandise by the authorities. In four weeks, the protest movement has spread beyond Tunisia’s socio-economically disadvantaged central region, reaching the capital, Tunis, and other towns across the country.

On Monday 10 January, President Zine El Abidine pledged to create 300,000 jobs in 2011 and 2012 to curb unemployment, and described the protests as "terrorist acts". The ITUC is calling for concrete measures to fulfil the welcome jobs pledge as well as an immediate halt to the violent repression and the opening of a genuine dialogue with the Tunisian people, to promote more equitable development. The ITUC has joined with its Tunisian affiliate the UGTT in expressing solidarity with the people of Tunisia and supporting the call for a development model guaranteeing equal opportunities, the right to decent work, and job opportunities providing a stable income capable of meeting their needs.

"The opening of a genuine dialogue is urgently needed in Tunisia," said ITUC General Secretary Sharan Burrow. "The demonstrators are desperate young people just looking to make ends meet. It is up to the Tunisian authorities to take every action to help them. It must also ensure that those detained be immediately released. The government must fulfil its obligations under international law to respect trade union rights and fundamental liberties such as freedom of expression."

The ITUC supports the general strike planned in the 3 regions by the UGTT and condemns the police blockades at the UGTT offices in several towns and the use of force to prevent trade unionists from organising peaceful protests.

2. Statement Thursday, January 13, 2011 at a meeting of the Labour Exchange in Paris

With the Tunisian central union UGTT, the French trade unions CGT, CFDT, FO, FSU, UNSA and Solidaires, denounce the repressive policy of the Tunisian government. They condemn the shoot to kill policy in Thala, Kasserine and Ar-Reqab and denounced the raid that destroyed the premises of the UGTT in Kasserine.

The wave of anger triggered three weeks ago in Sidi Bouzid by self-immolation of the youth Mohamed Bouazizi express in Tunisia a vast movement of demands for jobs and a decent life.

The regime responds by force and killing. According to a provisional report, some 50 people in the cities of Kasserine and Thala, died. , we must add those killed and injured in other regions, the exact count of victims is not yet clear.

The army was deployed yesterday to the capital and major cities and a curfew is introduced. Faced with such a policy we fear the worst.

With the UGTT, French unions call for immediate withdrawal of the military from towns, the end of the state of emergency affecting some areas and the release of all prisoners.

The six French organizations demand, with the Tunisian trade unionists that those who opened fire on demonstrators are prosecuted and punished. They support the request of the High Commissioner for Human Rights to the UN for a transparent and credible inquiry.

The current announcements of the regime are not credible. The Tunisian Government declares the freeing of all detained since the start of movement and proceeds at the same time to more arrests. Without significant action and concrete commitments, promises of job creation, vague recognition of corruption or changes of ministers are just manifestations of a helpless regime that this crisis has called into question.

French trade union organisations declare solidarity with the Tunisian central union in claiming that a country's development model should meet the basic needs of the population, based on regional balance and for which the state and the public sector must ensure their investment function.

Tunisian workers claim a right to a decent job providing a steady income allowing everyone to meet their needs and providing guarantees in the event of loss of employment. We therefore support the request of the Tunisian central union to create an unemployment fund.

The French unions say they are also supportive of the claims of unionists and the Tunisian people who aspire to democracy, respect for civil liberties, the press and media, independence of the judiciary and respect for union rights to demonstrate and strike. Many rights violated by a regime that takes breath, year after year has reinforced repression and authoritarianism.

The six French organizations also wish to express their indignation at the statements of some members of the French government supporting President Ben Ali denying the authoritarian nature of the Tunisian regime or opting for cooperation with the Tunisian authorities to maintain order.

Also, they ask the government to cease its support for the police regime of Ben Ali, who is now unable to receive the explicit or implicit guarantee of democratic governments.

They also call upon the EU to demand that the Tunisian government respects the clause on respect for democracy and human rights and fundamental freedoms of association in the Accord with Tunisia. It must be the same in the negotiations leading to a partnership of the European Union with this country.

They finally call on the French and European authorities to demand the release and amnesty of prisoners and those convicted following the social movements, including those of 2008 in the mining area of Gafsa.

3. Statement of the National Executive Bureau of the Tunisian General Labor Union

The Executive Bureau of the Tunisian General Labor Union held a meeting on Saturday, January 15, 2011, after examining the outcome of the social and political conditions in the country and the resulting struggles of workers, trade unionists and the general public, in addition to the confirmed ability of our comrades of the Tunisian General Labor Union to regulate the movement of strike and to make it succeed. The Executive Bureau:

1 - Greets the general public, for its struggle to oppose injustice, oppression, persecution and all forms of corruption and misconduct. It renews the condemnation of the great campaigns of genocide and assassination that have targeted innocent and defenseless people who were demonstrating for the right to decent work in a society characterized by freedom, democracy and human rights and the fundamental rights of workers represent an integral part of these characteristics.

2 - Praises the role played by the Tunisian General Labor Union in embracing the workers, led by trade unionist and sectoral structures, and in its success in embracing the rest of the segments of the population, protecting and defending them and their social interests.

3 - Calls for the need to apply the Constitution, respect the chapters relating to the mechanisms to get out of the crisis and the formation of a national coalition government composed of intellectual, political and social figures and which should not include persons from the dissolved government. The task of this government is to work to protect the citizens and families of all forms of robbery and assault and to ensure their safety.

4 - Emphasizes the need for the immediate formation of the following committees:
A) A fact-finding commission to prosecute all the people involved in the assassination of citizens either by shooting or by giving orders to do so.
B) A follow-up Committee to capture the corrupt, the manipulators of people's money and those who caused corruption in whatever form. The commission should include independent figures and jurists selected through consultation with the components of civil society.
C) A national committee to review the Constitution and the Electoral Code and all the laws relating to political reform in order to ensure the preparation for democratic elections that reflect the aspirations of our people and respond to the demands of the strikers in order to give the possibility for the parliamentary government to establish the rule of law and institutions.

5 - Calls for a real freedom of the media through the dissolution of the High Council for Communication and the Tunisian Agency for External Communication and the formation of an independent commission to direct the media in our country.

6 - Calls for the immediate dissolution of the professional divisions and the professional federations that they created, because they represented one of the causes of tension within the institutions of production and work sites.

7 - Stresses the need to uphold the enactment of a general legislative amnesty.
8 - Calls for the separation between the political parties and the state structures and to an in-depth review of the concept of security and its structures and functions.

9 - Affirms the right to peaceful demonstration and emphasizes the freedom of association away from any pressures or restrictions.

10 - Draws the attention to the need to preserve the public and private properties and the peaceful and free expression and invites business owners and retail stores to return to their economic activity and to open their shops to meet the needs of citizens in order to reduce some aspects of looting and robbery carried out by groups of suspicious identity.

11 - Calls the regional and local trade union structures to form committees to protect the headquarters of the unions, the public properties and institutions and to protect families and citizens and the general public from all the forms of robbery and assault.

The General Secretary

Abdessalem Jerad

4. Statement of the Executive Bureau of the Tunisian General Labor Union

The Executive Bureau of the Tunisian General Labor Union held a meeting on Sunday, 16 January 2011 under the chairmanship of the General Secretary comrade Abdessalem Jerad to follow the latest developments in our country asthe existence of a gang whose relationship with some symbols of the former regime was confirmed. This gang attempted to instill fear and chaos among the population. The Executive Bureau of the Tunisian General Labor union:

1 - Calls for an immediate freeze on all assets of the former President and all the bank accounts of his family and in-laws and to prevent any attempt to leave the Tunisian territory until the outcome of the investigation that will be led by an appointed commission entrusted with revealing all financial excesses, all forms of corruption and the attacks on people's property.

2 - Calls the officials and the responsible charged with forming a coalition government to provide people with minute information about what is happening in our country like organized sabotage, the attempts to spread terror among the citizens and the rapid and urgent actions to be taken to preserve the safety of all families.

3 - Addresses all the trade union structures, the workers and the entire population:

Dear trade unionists
Dear workers
Dear citizens

Our country is witnessing a situation that includes attempts of some people, whose relationship with the former regime was confirmed, to spread terror, fear and chaos among the population. In order to face the crimes committed against our people and their properties, against the gains achieved over the long process of national and the social struggle and to stop doubting in the path that we want to build with all the components of civil society and all the national forces in addition to opposing the revitalization of black market, the Executive Bureau of the Tunisian General Labor Union calls all the workers to resume working and all tradesmen to open their shops starting from Monday, 17 January 2011

Let us have another date with history,
Let us be united in defending the interests of our people, our institutions and our work

Let us be a strong unit in confronting all attempts of spreading confusion and organized terrorism against our people.

The General Secretary

Abdessalem Jerad

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Inter-Union statement of 8 November

Inter-Union statement of 8 November
Joint Declaration of the trade unions CFDT, CGT, FSU, Solidaires, UNSA
Original in French is available here
After several weeks of mobilization and despite the measures taken by the government to try to support the idea that "the page on pensions" has turned, 1.2 million workers who demonstrated on November 6 in 243 cities against these pension reforms which are unfair and ineffective.


As everyone is aware that the pension law may be enacted in the coming days, it is not the time for resignation. The trade unions will continue to act to reduce inequality, to win recognition of the reality of the harshness of the proposed changes and win other alternatives for finance the PAYG system. They reaffirm their commitment to maintaining the statutory age of retirement at age 60 and age of the full rate at age 65.

They note that the economic and social situation remains very poor and particularly a concern for employees, pensioners, unemployed and youth who still face the hard consequences of the continuing crisis.

The trade unions believe that the exceptional level mobilisation over the past months has highlighted the glaring dissatisfaction of workers and posed their demands for improved employment, wages and working conditions, and end to inequality between women and men, along with increased tax and wealth-sharing. They decided to deepen their analysis and proposals on these issues in order to challenge the government and employers.

The unions decided to continue the united mobilisation by making November 23 a national day of mobilisation across sections in a range of forms. These actions must address the concerns of employees and ensure a large participation. They ask the territorial and sectoral organisations to specify the form of action (rallies, demonstrations, rallies, work stoppages ...).

Trade unions seek to ensure their success.

The unions now committed to participate actively in the European day of action on 15 December to oppose austerity plans that are multiplying in Europe.

The organizations will meet again November 29, 2010.

On November 8, 2010

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Joint Communique of the inter-union coordinating committee November 4, 2010

CFDT - CFE-CGC - CFTC - CGT - FSU - Solidaires - UNSA
Original French text is available here

Trade unions welcomed the successful mobilization of private and public sector employees, and young people last October 28 while we were in the middle of school holidays and after the final vote of the Pensions Act in parliament.


The determination of employees is not fading for months, supported by public opinion, demonstrates that there are many social concerns, a rejection of this pension reform and a deep dissatisfaction with a government that has chosen to force the passage.

The Trade Union Organisations reaffirm their determination in face a government reform which continues to be unfair, ineffective, unacceptable and does not respond to actual issues. They confirmed their call for a massive mobilization Saturday, November 6, 2010 over France. Le gouvernement porte seul la responsabilité de la situation actuelle. The government bears sole responsibility for the current situation. It must hear that a real debate on the future of pensions is essential.

The Labour organizations, with the workers, are attached to the work that has been conducted by the Inter-Union through united actions over the past two years. They decide to continue joint work on employment, wages, purchasing power and working conditions by updating their joint statement of January 29, 2009.

Echoing the concerns of employees, the Union Organizations are already calling a new meeting domestic mobilization during the week of November 22 to 26, the terms and content will be determined at the meeting of 8 November.

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France: Big protests as movement debates way forward

Lisbeth Latham

French workers and students have mobilised in large numbers again to oppose changes in pension laws that will raise the age at which workers are able to retire.

The seventh national strike in as many weeks took place on October 28, as indefinite strikes in many industries against the changes entered their third week.

The protests took place despite the government’s pension bill passing through France’s parliament on October 27.

However, there are clear signs the movement against the changes has begun to weaken. The passing of the pension law, and signs the struggle against it is slowing, have heightened debate over the direction of the campaign.

More than 2 million people took part in 270 protests in cities and towns across France on October 28.


The turnout, while large, was down on preceding national strike days, during which between 2.7 million and 3.5 million people took to the streets.

Bernard Thibault, general secretary of the Genderal Congress of Labour (CGT), told l’Humanite on October 28 that the mobilisations that day were “inferior” to the previous ones, but still “large” and “impressive” given the passage of the law.

He added: “What is impressive is that was probably the first time that after the passage of a law, we have events equally large … with popular support.”

The size of the protests was undoubtedly affected by the parliamentary vote, but the decline was also a consequence of the decision of the inter-union coordinating committee at its October 21 meeting to slow the pace of protests and strikes.

The meeting also reduced support for the indefinite strikes occurring across France.

The statement was not signed by one of the participating national unions, the radical Solidaires union, which argued for an intensification of the strike movement.

The United Union Federation (FSU) supported Solidaires’ call for an indefinite general strike, but put its name to the statement.

The October 21 committee statement set two new national days of protests for October 28 and November 6. This meant there were nine days between national strikes.

In that time, the bill was passed by the Senate on October 22 and went through the final stages of adoption of a common text between the National Assembly and the Senate over October 25, 26 and 27.

Between October 12 and October 19, three national strikes had involved between 3 million and 3.5 million people. Given that the October 28 national strike was supposed to provide a final show of defiance before the bill becomes law, it was a significant loss of momentum.

This is especially the case considering opinion polls continued to show huge opposition to the changes of 65-70%.

The October 21 statement also failed to endorse the daily local actions by workers. This contrasted sharply with the previous repeated calls by inter-union committee statements for unions to hold discussions at the regional and workplace level to determine appropriate forms of action.

After the statement, there was a decline in the indefinite strikes. Participation in the strike by state rail workers, which management had said involved 40-50% of workers when the strike began on October 25, fell to 4% by October 29.

Most significantly, workers at two oil refineries voted to lift their strikes on October 25. The shutdown of France’s refineries had caused a severe fuel shortage.

By October 26, workers at four refineries had voted to lift their indefinite strike.

Despite this dynamic of retreat, other developments showed the movement still has considerable strength. At the six large Total refineries, workers voted to continue their strikes.

At those refineries where workers had voted to return to work, it was difficult for production to restart with strikes continuing at the ports in Le Havre and Fos-Lavera.

This meant the refineries were only able to refine previously stored crude product and allow the transport of oil refined before the start of the strike.

The determination of a significant section of workers to continue striking with no pay, especially in the oil industry where the action resulted in more than a third of petrol stations across France running out of supplies, reflects a willingness to continue the struggle.

However, without the leadership and support of most national union federations, those continuing the struggle risk isolation. This is especially the case as the government has begun issuing “requisitions orders” forcing workers to return to work or face prosecution.

By October 29, other refinery workers and port workers had voted to return to work. MidiLibre.com reported that CGT representatives in the refineries expressed regret their strikes had not been supported by workers in other sectors.

However, since the inter-union committee’s statement, university students have increased the size and extent of their mobilisations against the pension bill.

On October 25, Young New Anti-capitalist Party (JNPA) reported that 37 universities were on strike and a further 10 universities had been closed by their administrations.

A coordinating committee representing 40 universities has called a national strike for November 4.

The differences expressed at the October 21 meeting of the inter-union committee were not new. But the meeting reflected a clearer expression of the differences that had existed since the start of the campaign.

The more conservative union federations had previously expressed support for an increase in the age for receiving the pension. This wing includes the French Democratic Confederation of Labour (CFDT), National Union of Autonomous Unions (UNSA), the French Confederation of Christian Workers (CFTC) and the French Confederation of Management-General Confederation of Executives (CFE-CGC).

The CFDT leadership had publicly supported the pension changes attempted by the Jean-Paul Raffarin government in 2003.

These unions were drawn into the campaign and the inter-union committee largely due to the refusal of the government to negotiate seriously with unions.

The focus of the leadership of these unions, along with the leadership of the more militant CGT, has been on forcing the government to reenter talks with unions.

However, among CGT ranks and some regional leaderships, there has been a lot of support for an indefinite general strike aimed at the total defeat of the pension bill.

Popular support for the strikes has been high. In the aftermath of the 3.5 million-strong national strike on October 19, Sandra Demarcq wrote in International Viewpoint that 61% of those polled supported prolonged strikes.

This dynamic has allowed alliances to be formed between militants across unions for indefinite strikes in the face of opposition from the more conservative national leaderships.

Despite popular support for further strikes, CFDT secretary general Francois Cheroquem was reported by Bloomberg on October 29 as saying the CFDT would not support further strikes once the legislation becomes law.

The bill has now been referred to the Constitutional Council to determine whether it complies with France’s constitution. Given the pressure from right-wing parties, it is unlikely to be blocked by the council without an escalating mass movement.

At best, the council discussions will delay President Nicolas Sarkozy from enacting the law.

With the changes likely to become law, there will be an increased pressure within the social movements to support the opposition Socialist Party (PS), which has promised to repeal the law if it wins the 2012 elections.

The militant Solidaires federation and the far-left parties continue to focus on pushing for further mobilisations to defeat the changes.

In an October 28 statement, Solidaires noted the movement still had strong public support. It said the bill’s passing made no difference “as democracy cannot be reduced to the parliamentary vote”.

Solidaires called for “a continuation of the engagement process, through national and local actions determined on a daily basis within individual units: support for strikes, blockades, rallies, initiatives of solidarity … It is responsibility of organisations to give this process a new impetus.”

The passage of the pension bill has significance beyond the negative impact it will have in lengthening the working life of French workers.

Solidaires pointed out in its daily strike bulletin on October 11: “Defeat on this issue will open the door for further challenges.”

The huge French strike movement has given hope in the ability of the working class to hold back the wave of austerity programs being implemented by capitalist governments across Europe.

In the latest of these attempts to make working people pay for capitalism’s economic crisis, the British government announced severe cuts to public spending on October 19.

This austerity drive has been bitterly opposed, with and big protests in Greece, but such resistance has so far failed to stop any of the anti-worker measures.

The militancy of the French strike movement, and the depth of public support for it, has held the possibility of galvanising resistance across Europe.

This hope was reflected in the actions of Belgian workers on October 26. They organised blockades to stop oil being transported from Belgium to France to ease the shortage caused by the French oil workers’ strike.

The Sarkozy government recognises the importance of this struggle and is determined not to back down in its plans to raise the retirement age.

How the movement will play out remains unclear. The growth of the student movement could give the broader movement renewed energy.

However, its strength remains untested until high school students return from school holidays on November 4 — coinciding with the national student strike.

A strong turnout for the student strike will strengthen the hand of the militant unions when the inter-union committee meets again that day. Its decisions will have a big impact on the size of the national strike that has been called for November 6.

Whatever the outcome, the revolt of French workers has already reverberated across Europe. Even if defeated, it could prove a sign of deeper resistance still to come.

[This article was originally published in Green Left Weekly #859]

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France: Inter-union communique October 21

Communiqué CFDT, CFE/CGC, CFTC, CGT, FSU, UNSA
Thursday, October 21, 2010

The days of Saturday 16 and Tuesday, October 19, 2010 confirm that mobilization continues to have deep roots. There are millions of employees within these 6 days of action since early September said they want an alternative pension reform which is fair and fair and efficient, and call for the reopening of negotiations with unions.

The scale mobilizations confirms that beyond the pension reform, questions regarding employment, wages, working conditions and also the future of youth remain effectively unanswered especially since the worsening situations related to 2008 financial crisis. The unions agree to work together on these issues in the coming weeks to challenge the government and employers.


Various surveys conducted in recent days confirm that the movement is very widely supported by the people confirming its support for a broad public debate and genuine dialogue that must occur for reforms on major questions such as pensions.
Trade unions call on their organizations to continue their protests to bring together the largest number and broaden the support of public opinion. They call their organizations in the territories, private and public sector to continue united initiatives. They will take care of the respect of the goods and the people.

The government bears the full responsibility of the continuing mobilization because of its intransigence, its failure to listen and its repeated provocations. It cannot respond to the current situation with denial and repression.
Trade unions solemnly call on the government and the parliament not to adopt this reform of the state.

The unions view is that major reforms such as that of the pensions must be preceded by a through and broad public debate which involves genuine dialogue.
With the strong support from workers, young people and a majority of the population in the face of the intransigent attitude of the government and head of state, the unions decided to continue and expand the mobilization.
They decided two new days of mobilization:

Thursday, October 28: A national day of strikes and demonstrations during the week of voting in Parliament.
Saturday, November 6: A day of protests and demonstrations before the promulgation of the law by the Head of State.

The unions will meet on November 4.
October 21, 2010

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French workers fight back against pension attack

Lisbeth Latham

Since October 12, France has been gripped by intensifying mass opposition by workers and students to proposed counter reforms to the country’s pensions system by the right-wing government of President Nicolas Sarkozy.

Public opposition to the attack has been highlighted by three national strikes each involving millions of people, two national student strikes and a growing wave of indefinite strikes in a range of industries — most notably the crippling shutdown of the oil industry.

Despite the size and intensity of the mobilisations, the Sarkozy government remains defiant, insisting the changes to the pension system are essential to France’s future. The government has threatened to repress attempts to disrupt France’s economic life.

The three national strikes occurred in the lead-up to the October 20 Senate debate on the pension scheme proposals. Unions estimated the October 12, 16 and 19 national strikes were attended by 3.5 million, 3 million and 3.5 million people respectively.

After the slightly smaller mobilisation on October 16, labour minister Eric Woerth told France 24: “The turnout is clearly down … I think the French people have understood that pension reform is essential.”

However, this proved wishful thinking.

In the space of 29 days, there were five national strikes, each mobilising between 2.7 and 3 million people. The General Confederation of Labour (CGT) estimated that more than 5 million people (8% of France’s metropolitan population) have taken part in the movement on the streets.

Since October 12, indefinite strikes have broken out in the state rail system, among local authority workers, in several education academies, industrial factories (such as in metallurgy and chemicals), the finance ministry, postal services, urban transport networks and hospitals.

An indefinite strike has hit France’s ports since September 27.

High school students have begun large protests that have closed down hundreds of schools across France.

Polls have indicated up to 70% of people support the strikes.

After October 16, the movement rapidly strengthened in response to union calls for its intensification.

The General Federation of Transport and Equipment-French Democratic Confederation of Labour (FGTE-CFDT), which is the strongest union in France’s road transport industry, called an indefinite strike starting on October 17. Lyceen Student Unions called a national mobilisation for October 18.

On October 17, Ardennes departmental unions from the CGT, CFDT, Workers Force (FO), National Union of Autonomous Unions (UNSA), United Union Federation (FSU) and Solidaires called for an indefinite strike in the private and public sectors to start the next day.

On October 19, the question was posed: was the slight decline in numbers on October 16 just a pause as the movement gathered its strength?

Or was it, as the government and its national and international supporters hoped, a sign of the movement’s demoralisation and reconciliation with the “inevitability of counter reforms”?

Government hopes were disappointed when 3.5 million people joined more than 277 protests organised in cities and towns. Not only did the numbers match the size of the October 12 protests, but in many cities, including Bourgoin, Marseilles and Rennes, the turnouts reached new highs.

The movement among high school and university students also peaked. The National Union of Students of France (UNEF) said 10 universities had been totally or partially blockaded and a further three administratively closed.

The Federation of Independent and Democratic High School Students (FIDL), France’s second largest high school union, said 1200 of France’s 4300 lycees (the second level of secondary education in France for students aged 15-18) were involved and 850 were blockaded.

In the face of the growing movement, the government has become increasingly shrill in its denunciations. In response to student protests, government ministers accused unions and left-wing parties of manipulating young people.

Responding to clashes between police and high school students, Sarkozy said: “Troublemakers will not have the last word in a democracy. It is not acceptable.

“They will be stopped, tracked down and punished, in Lyon and anywhere else, with no weakness.

“Because in our democracy, there are many ways to express yourself. But violence is the most cowardly, the most gratuitous and that is not acceptable.”

Woerth told France2 television on October 22 that, once the law is passed, “The law is the law, so the protests, the discontent, the concern ... should end the moment the law is voted up”.

The government has moved beyond harsh words to attempts to repress the movement. High levels of violence have been used by police, especially against high school protests. Tear gas and flash ball rounds (a form of rubber bullet) have been fired at students.

On October 20, police used tear gas against a student blockade of the bus depot in Rennes. The students had assembled at 4am to establish a blockade and ensure no buses could move.

About four hours later, riot police began firing tear gas at students. The CGT said students retreated into the depot, where they were treated by the depot’s nurse.

The bus drivers then escorted the students out to avoid their arrest. Drivers, many of whom were also affected by gas, held a meeting and voted to strike for 24 hours.

By October 20, the British Guardian reported that about 1400 people aged between 14 and 20 had been arrested across France and the repression was intensifying. On October 21, riot police hemmed in more than 1000 protesters at Place Bellecour in Lyon, repeatedly firing tear gas into a crowd that was unable to escape.

Strikes have gripped France’s oil industry since September 27, when workers in the oil port of Fos Lavera near Marseilles began indefinite strike action.

Since October 12, oil refining has been almost completely disrupted. Indefinite strikes in all 12 refineries have forced France to rely on strategic reserves of fuel. Blockades by workers and students of fuel depots have added to pressure on reserves.

More than a third of France’s service stations reported they were either low on petrol, or had run out since October 11. On October 20, Sarkozy ordered police to begin breaking blockades on fuel depots and refineries.

Refinery workers were “requisitioned” to return to work and those who fail to do so face prosecution.

On October 22, police successfully reopened some depots, as well as the Granduits refinery that supplies Paris. However, picket lines have been organised as small-scale “flying pickets” able to be redeployed quickly at the same or different locations.

It is also unclear how many oil workers will respond to the requisition orders.

International media coverage has tried to downplay this mass movement’s significance by attributing it to a French propensity to strike. The significance of the attack on pensions has been downplayed by insistence on the “economic necessity” of reducing access to pensions for the future of the French economy.

However, the reforms are extremely significant and the movement against them even more so — for workers in France and internationally.

Under the current system, French workers are entitled to retire from work at 60. However, they are not entitled to the full pension until 65. To qualify for the full pension, workers must first have worked for 40 years.

Under the proposed changes, the retirement age will be raised to 62 and the age at which the full pension can be accessed to 67. The period of work needed to qualify for the full pension will be raised to 41.5 years.

These increases have been justified on concerns that the pensions system, which operates on a pay as you go basis (i.e. the contribution of active workers pays for pension payments to retirees), will become increasingly underfunded as France’s population continues to age.

The ratio of active workers to retirees is expected to fall from 2:1 to 1.25:1 by 2040. As a result, the government predicts the level of underfunding will reach 100 billion euros by 2050.

The movement is opposing the changes on the basis of the impact they will have on workers’ lives. The movement also rejects the government’s economic justifications.

The government argues people need to work longer because they are living longer. However, this ignores the fact that the current minimum age of retirement is already higher than the average age at which French people can expect to live to in good health, which is 59.87 years.

On average, 60% of the years that French people live over 60 are affected by reduced physical or sensory functions.

Raising the minimum retirement age increases the number of those working despite poor health. This will be worsened by the increase in the qualifying period for the full pension, as those unable to work due to illness may risk not qualifying for a full pension.

This will also increase the proportion of workers whose retirement will be marred by poor health.

The changes are seen as particularly unfair to those who enter the work force early and thus already reach the qualifying period for a full pension before the minimum retirement age.

The government has exempted people who start full employment at 17 from the changes, allowing them to still retire at 60. However, those who start work at 18 will have to wait until they are 62 — an extra 2.5 years above the qualifying period.

Extending the period of qualification for a full pension is expected to adversely affect those with interrupted working lives, which will particularly affect women.

The government’s arguments regarding the financial need for the changes are also problematic. They assume the level of productivity in France will remain static, but it is estimated that labour productivity will double by 2040.

The problem is not that there won’t be enough productivity to support the ageing population, it is that capitalists want an ever-increasing share of what is produced.

The European Commission on Economic and Financial Affairs said the wages share of GDP in France has declined from 73.3% in 1985 to 65.4% in 2010. This decline has stripped billions of euros from both workers’ pockets and the pensions system.

Unions have also asked why workers should be made to pay for maintaining the pension system in the first place.

Ultimately, the struggle is about more than France’s pension system.

A defeat in this struggle would open the door for a wider scale attacks on the rights of French working people. However, a victory for the movement could potentially build the confidence of French workers and students to extend their fight to other anti-people policies of the Sarkozy government.

Similar austerity measures are being imposed by governments across Europe in a bid to make working people pay for capitalism’s economic crisis. The outcome of the struggle in France could affect workers’ confidence to resist in other countries.

Despite the protests, the pension bill was passed by the Senate on October 22. It will now be referred to a joint committee of the Senate and the National Assembly to draw up a unified text from the versions of the bill passed in the two bodies.

This text is expected to be presented to the National Assembly for a final vote. Jean-Francois Cope, the head of the Sarkozy’s UMP in the National Assembly, said this is likely to occur on October 26 or 27.

After it is passed by the National Assembly, the bill still needs to be enacted by the president to become law.

The ongoing process of passing the bill into law provides a target for more protests. But it is increasingly clear the government intends to defy the pressure and pass the law.

This makes the question of how to defeat the bill increasingly pressing.

Up until now, the unions and left parties have not had a united concept on the outcome being fought for. Most leaders of the union confederations have aimed to force the government and employers into negotiations.

The more conservative unions, such as the French Confederation of Christian Workers (CFTC), UNSA and the French Confederation of Management-General Confederation of Executives (CFE-CGC) had previously expressed some support for changes to the pension system. They have been pushed into hardening their opposition by the government’s refusal to compromise.

Among the left parties, the opposition Socialist Party (PS), as well as the Communist Party of France (PCF) and the Left Party (PG), have pushed for a national referendum on the reforms.

The United Left (GU), a split from the radical New Anti-Capitalist Party (NPA), has argued that the movement could force new elections.

The far-left NPA and Workers’ Struggle (LO), along with the militant trade union Solidaires, have consistently argued for the need to extend and intensify the strike movement to defeat the government.

NPA spokesperson Olivier Besancenot told l’Humanite on October 18 that the movement’s aim should not be to “rewrite or amend the reform. We need to bury it altogether. We must not give in on the content.”

Besancenot said there needed to be “more effective strike action” for the movement to win. “For my part, I see no other [way], and certainly not a referendum.”

LO’s Nathalie Arthaud said: “What the parliament does, the street can undo if the mobilisation is growing.

“I do not agree with the proposal advanced by the left for a referendum, because retirement at age 60 at full rate is an inalienable right.”

On October 21, the inter-union coordinating committee met to determine the course of the struggle. In the lead up to the meeting, Solidaires called for an expansion and intensification of the strike movement and for the next national mobilisation to occur quickly.

There were also predictions some of the more conservative unions would withdraw from the committee once the Senate passed the pensions bill.

In a joint statement, signed by CFDT, CFE / CGC, CFTC, CGT, FSU and UNSA, the committee called for new mobilisations on October 28 and November 6 to correspond with the vote in the National Assembly and when Sarkozy is expected to promulgate the law, respectively.

Solidaires issued its own statement supporting the days of action. But Solidaires raised concerns that no earlier mobilisation had been called and that the committee’s statement did not clearly endorse the actions initiated by workers at the local level.

Solidaires said the committee was not in step with the developments within the movement, and on this basis, did not sign the statement. Solidaires called for the movement’s intensification, with expanded strikes and walkouts.

The division within the movement is now more open. It is not just activists in Solidaires and the far left parties that have pushed for a more militant position. The movement has been pushed to its current heights in part by the ranks and local leaderships of the other union federations.

The question is now whether these forces are able to maintain the movement’s momentum. At stake is more than just changes to pensions, it is also the issue of just how much of the burden for the economic crisis working people in France and across Europe can be made to carry.

[originally published in Green Left Weekly Issue #858 http://www.greenleft.org.au/node/45821]

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