Law for the equal opportunity

The law for the equal opportunity (law n° 2006-396 of March 31st, 2006), founds in France various measurements relating to the Emploi and the education, suggested by the Minister for employment, social cohesion and housing, Jean-Louis Borloo. She was announced by Matignon like answer to the social revolts of the autumn 2005 in the French suburbs.

The polemical amendment of the law (withdrawn since), which created the Contrat first engages (CPE), had been adopted by the National Assembly in the night from February 8th to 9th. It was the subject of many demonstrations of which the goal was to obtain its withdrawal.

Contents of the law

This law contains among its political tendencies, in addition to the CPE:

a Training in alternation starting from the 14 years age.

3 categories of training students (science students and sciences applied, students in economy, students which makes a training course in an public agency or deprived) will not be entitled any more to the allowance for permanent disability with height of their permanent disability in the event of accident during their training courses.

the creation of preparatory classes in the priority zones of education.

institution of the “CV anonymous”: in the companies of 50 employees and more, the information requested from the candidate a station must be examined under conditions which preserve its anonymity. This measurement, strongly supported by the organizations antiracists was withdrawn by the government.

the creation of news free urban zones (ZFU): the companies which settle there can profit from State grants, in the form of lightening of taxes mainly. The subsidies must nevertheless respect the payment n°69/2001 European commission, i.e. not to exceed 100.000 € during 3 years successive. To note that for certain subsidies, the companies must engage in TDCI people lying in the ZFU. However the duration of the residence in the ZFU before the recruiting is not specified.

creation of a National agency for the social cohesion and the equal opportunity (ANCSEC). It will contribute to actions in favor of the people meeting of the difficulties of social or professional integration.

the law No 64-701 of July 10th, 1964 relating to the Funds of social action for the foreign workers is repealed.

reinforcement of the capacities of the High authority of fight against discriminations and for the equality (DUMP). (See bond on High authority of fight against discriminations and for the equality then the paragraph Reinforcement of the capacities of the DUMP )

the Testing constitutes from now on a legal proof within the framework of the businesses of discrimination.

Of the actions in favor of social cohesion and the fight against discriminations from now on is carried out in the field of the audio-visual one.

the introduction of a “parental responsibility contract” in virtue of which the president of the general advice can sanction the parents of a child prone to the absenteeism and which carries disorders to the operation of the establishment in which it is provided education for, for example by suspending the payment of the family benefits.

possibility by the municipal employees, the agents of monitoring of Paris and the agents of Paris in charge of a police service to make the infringments for the offenses of book VI of the penal code - lawful part provided that they do not require theirs starts from investigation and other than those repressing the attacks to the integrity the people.

the installation of a “Voluntary civil service”.

night-work as from fifteen years under certain restrictions: limitation with certain trades - bakery… -, under renewed exemption every year by a factory inspector, with controls carried out and strict limits on the level of the schedules.

Legislative procedure

During its discussion to the French National Assembly, the bill was the object the February 9th 2006 of an engagement of responsibility for the government by application of the Article 49-3 of the Constitution. No Motion of censure not having been deposited, the opposition having preferred to deposit a motion of censure on the whole of the policy of the government (in accordance with article 49 subparagraph 2 of the Constitution) the project was regarded as adoptee. Adoptee definitively by the Parliament the March 9th, it was validated by the Constitutional council the March 30th. The March 31st, at the time of a short televised speech 9 minutes, carried out on line of the Elysium, the president of the Republic Jacques Chirac declares that it will promulgate the law on the equal opportunity, of which relative tendencies with CPE. The law is thus registered the following day with the Official journal, Chirac paradoxically requiring of the companies not to apply this law (with what nothing there engages them if it is not the refusal stated of Jean-Louis Borloo to print the forms of contract first engages). However, Chirac wishes that the government quickly propose at the Parliament one second modifying law bringing back the time of the consolidation period of CPE 2 years to 1 year, and including the right for the employee to know the reasons for its dismissal (what, affirms the trade unions, could result in a simple informative note without legal authenticity). The televised advertisement of Chirac and the promulgation of the law are felt like a provocation by the Mouvement anti-CPE, which calls with the General strike as from the day of mobilization of April 4th.

See too

Internal bonds

National coordination coed

External bonds

File of the National Assembly (text and procedure)
equal opportunity against the equality (on the name of the law)

Official journal

LAW No 2006-396 of March 31st, 2006 for the equal opportunity (1)

Site of the senate

Work of the equal Joint Committees on the LAW No 2006-396 of March 31st, 2006 for the equal opportunity (1)

Random links: