Celebrations to mark historical labour events highlight importance of social dialogue

In 2006, ceremonies were held to mark three historical events which had forged relations between the state, trade unions and employer organisations in France: the centenary of the Charter of Amiens, the centenary of the creation of the Ministry of Labour, and the bicentenary of the prud’hommes industrial tribunal. The celebrations provided an opportunity to discuss the current and future position of social dialogue in France.

Three historical labour events which took place during 2006 served to emphasise the need to modernise the French system of social dialogue, as well as its forms of operation and processes of governance. The three occasions are described below.

Charter of Amiens: establishes trade union independence

On 13 October 1906, the Congress of the General Confederation of Labour (Confédération générale du travail, CGT) adopted the Charter of Amiens, which was destined to mark a milestone in the history of the French labour movement. The document underlines the trade unions’ independence from political parties and the state, and thus underscores this unique characteristic of French trade unionism in Europe. In 1906, the charter constituted a conception of social democracy very different to that of trade unionism in England and also to the German mutual insurance system, both of which were linked to political parties of labour and social-democratic allegiance and highly dependent on them.

The Charter of Amiens is based on a series of compromises as a result of embracing several ideologies: the French socialist movement of Saint-Simonianism and socialism in the nineteenth century, Marxism, the ideology of Proudhon and of Rousseau, and Christianity. This plurality has enabled each of the trade union organisations to interpret the act of trade union independence in a different way throughout the twentieth century and makes the Charter of Amiens still relevant within the trade union movement today.

On 11 October 2006, a discussion took place to mark the centenary of the Charter of Amiens at the French National Library (Bibliothèque nationale de France, BnF). Among those present were the General Secretary of the French Democratic Confederation of Labour (Confédération française démocratique du travail, CFDT), François Chérèque, the General Secretary of the General Confederation of Labour (Confédération générale du travail, CGT), Bernard Thibault, and the General Secretary of the General Confederation of Labour – Force ouvrière (Confédération générale du travail – Force ouvrière, CGT-FO), Jean-Claude Mailly. Referring to the Charter of Amiens, the three union leaders defended the independence of trade unions from political parties and indicated that they would not disclose their opinions on how to vote in the presidential election in April 2007.

Industrial Tribunal: unique body in labour law

France is the only European country, along with some Swiss cantons, to have an elected body in the field of labour law, according to the principle of equality (FR0301107F). The industrial tribunal (Conseil de Prud’hommes), the labour court of first instance, represents a network of 271 labour tribunals competent to settle conflicts arising from employment contracts and labour relations. Its founding in 1806 was celebrated at two events: in Lyon in April 2006 and in Paris at the Economic and Social Council (Conseil économique et social, CES) in November 2006.

The bicentenary year proved eventful, however, as a protest action halted the activity of the members of the Prud’hommes industrial tribunals. Across the trade union spectrum, there was protest against the plan of the Ministry of Justice (Ministère de la Justice) to reduce the time allocated – which currently amounts to no more than three hours – to examine cases in order to ‘reduce the waiting periods of judgements’ (FR0605019I).

Ministry of Labour: celebrations marked by modernisation plan

On 25 October 2006, the centenary of the Ministry of Labour was celebrated with a gathering of key present and past players of French social policy at the Carousel of the Louvre. The current Minister of Employment, Labour and Social Cohesion, Jean-Louis Borloo, took the opportunity to outline the work that has already begun on modernising the ministry and to assert the ‘role of the ministry in the social democracy of tomorrow […]:

• on the one hand, it will have to facilitate flexible cooperation between legislators and both sides of collective bargaining;

• on the other hand, it must favour the dialogue between the social partners’.

While celebrating the founding of the Ministry of Labour, Minister Borloo announced that the new bill on the modernisation of social dialogue was now ready to be handed over to the employers and trade unions. The new bill envisages:

• a formal meeting once a year between the authorities and social partners;

• consultation in advance of all texts concerning labour law.

Mr Chérèque of CFDT commented that this bill could set a precedent in a ‘country that still inclines […] to turn towards the law’, while Mr Mailly of CGT-FO noted that ‘the government has to keep its option of intervention’. The social partners have been under pressure for some time to overhaul the system of social dialogue (FR0611049I).

Odile Join-Lambert, Institute for Economic and Social Research (IRES)