Legal challenge to the CNE

The sister law of the CPE may also be withdrawn in a humiliating reverse for the french government, this time it is their own legal system defending workers' rights, rather than massive mobilisations of workers and students.
The CNE ( contrat nouvelle embauche, first employment contract) which allows french employers to fire under-25s without notice or compensation, has been declared to be against international law by a french tribunal.
A worker won his case and had his contract changed from a CNE to a CDI (contrat de durée indétérminé, a permanent contract). The government has tried to overturn the ruling on a technicality, claiming that as the CNE was not voted into law by parliament it cannot be judged by the judiciary. They argue that only an administrative judge has jurisdiction in this case. However the Avocat Général has decided not to contest the tribunal's ruling, judging that while they cannot gally judge the CNE, the tribunal does have the right to judge it in relation to international law.
Thie decision renders the CNE inapplicable to french workers. Whilst the government may still find a way to circumvent the Avocat Général, it seems that, for now, the CNE is dead.

Posted By

jef costello
Sep 24 2006 19:06


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